LOUFERRIGNO.COM TERMS OF USE

We want to help you live a healthier, happier life. We are here to promote the sharing of information about issues, topics, products, and events that are important to you. That said, this site is designed for informational purposes only. It is not intended to be a substitute for informed medical advice or care. You should not use this information to diagnose or treat any health problems or illnesses without consulting your family doctor with any questions or concerns you might have regarding the topics discussed on this site.

Please read these terms of use carefully before using or submitting content in any form or medium for publication on LouFerrigno.com (“Site”). By continuing to use the Site, or by submitting content for publication on the Site, you agree to abide, and that you are bound, by these Terms of Use. We reserve the right to change these Terms of Use at any time, and you agree (including by virtue of your continued use of the Site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance the Site shall be subject to these Terms of Use.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE

The contents of the Site, such as text, graphics, images, information obtained from our licensors, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.  We are not responsible for the misinterpretation, abuse, misapplication, mishandling, or misuse of our Content.

WE MAY DISCONTINUE OR SUSPEND THE SITE OR TEMINATE YOUR USE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Lou Ferrigno Enterprises, Inc LLC (“Lou Ferrigno Enterprises, Inc”) shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Site. In addition, we reserve the right to terminate your access to the Site for any reason, and to take any other actions that Lou Ferrigno Enterprises, Inc, in its sole discretion, believes to be in the interest of our company and of our users as a whole.

WE HAVE ALL RIGHTS IN THE SITE AND CONTENT. YOU GRANT US CERTAIN RIGHTS WHEN YOU SUBMIT CONTENT TO US

The personal information you submit to the Site is governed by the Site Privacy Policy. To the extent there is an inconsistency between this Agreement and the Site Privacy Policy, this Agreement shall govern.

(a)  The Site (including all text, photographs, graphics, video and audio content contained on the Site) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising the Site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on the Site.

(b)  By posting or submitting content on or to the Site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on the Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

(c)   You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Use; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Use. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business.

We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to Lou Ferrigno Enterprises, Inc, we may authorize such content to be distributed or syndicated to or published on other Lou Ferrigno Enterprises, Inc-branded environments.

YOU HAVE RIGHTS IF YOU BELIEVE YOUR COPYRIGHT IS BEING INFRINGED

If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please email us at mail@www.louferrigno.com with the words “COPYRIGHT ISSUE” in the subject line.

YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN COMMUNICATIONS

If you use a Public Area, such as message boards, blogs, or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Lou Ferrigno Enterprises, Inc and its licensors are not responsible for the consequences of any communications in the Public Areas.

In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

YOUR USE OF OUR CONTENT IS RESTRICTED

(a)  Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Site or any content thereon, except as permitted under the last sentence of this Section 4(a) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on the Site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use.”

(b)  We are concerned about the integrity of the Site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of the Site. Neither you nor any third party shall make use of the contents of the Site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

WE ARE NOT RESPONSIBLE FOR AND DO NOT NECESSARILY HOLD THE OPINIONS EXPRESSED BY OUR CONTENT CONTRIBUTORS

Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of Lou Ferrigno Enterprises, Inc. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through the Site, Lou Ferrigno Enterprises, Inc is not undertaking any obligation or liability relating to the content. Lou Ferrigno Enterprises, Inc and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Site for inappropriate or unlawful content. Lou Ferrigno Enterprises, Inc and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Lou Ferrigno Enterprises, Inc reserves the right to block or remove communications, postings or materials at any time in our sole discretion.

YOU WILL BE RESPONSIBLE FOR ANY HARM WE SUFFER AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE OR ANY BREACH BY YOU OF YOUR REPRESENTATIONS AND WARRANTIES

You agree to indemnify and hold harmless Lou Ferrigno Enterprises, Inc and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.

YOUR USE OF THE SITE IS SUBJECT TO CERTAIN DISCLAIMERS

THE SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON THE SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, WE DO NOT GUARANTEE OR WARRANT THAT THE SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SITE AND ANY MATERIALS AVAILABLE THROUGH THE SITE, YOU DO SO SOLELY AT YOUR OWN RISK.

THE SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON THE SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

WE ARE NOT RESPONSIBLE FOR LINKED SITES

We are not responsible for the availability or content of other services that may be linked to the Site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

WE MAY BE LEGALLY COMPELLED TO DISCLOSE CERTAIN INFORMATION

You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.

OUR LIABILITY TO YOU IS LIMITED

To the fullest extent permitted by applicable law, Lou Ferrigno Enterprises, Inc and its affiliates, and their respective owners, members, directors, officers, managers, employees, shareholders, agents, information providers, licensors, and licensees (all of the foregoing, collectively, the “Indemnified Parties”) are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Site (including, without limitation, as a result of breach of any warranty or other term of these Terms of Use). Even if Lou Ferrigno Enterprises, Inc or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary. Any claim against us shall be limited to the amount you paid, if any, for use of the Site.

You hereby agree to indemnify, defend and hold harmless Lou Ferrigno Enterprises, Inc and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Lou Ferrigno Enterprises, Inc and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms of Use (including but not limited to your obligations, representations and warranties contained herein) and any other terms of use or policies set forth elsewhere in the Site. You shall cooperate as fully as reasonably required in the defense of any claim. Lou Ferrigno Enterprises, Inc reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Because you have acknowledged that, at its sole discretion and for any reason, Lou Ferrigno Enterprises, Inc may edit, refuse to post or to delete any Submitted Content that you post, in whole or in part, and may terminate or suspend your access to all or part of this Site, that you have granted (or warranted that the owner of such rights has expressly granted) to Lou Ferrigno Enterprises, Inc a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, such materials or incorporate such materials into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Submitted Content, you hereby agree that if you unsuccessfully prosecute a claim against Lou Ferrigno Enterprises, Inc and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse to post or to delete any Submitted Content that you post, to terminate or suspend your access to all or part of the Site, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, or seeking to recover for violation of your moral rights, you agree to reimburse Lou Ferrigno Enterprises, Inc and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees.

BY CONTINUING TO USE THE SITE, YOU AGREE TO ABIDE BY THESE TERMS OF USE.

Effective Date: