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DINOSAUR TRAINING TERMS OF USE



This website ("Site") is owned and operated by Brooks Kubik Enterprises, Inc. ("BKE"). These terms of use ("TOU") govern your access to and use of the Site and your purchase and use of any product advertised on or sold through the Site or otherwise sold by BKE or any of its authorized resellers. You should read these TOU carefully. Your use of the Site means that you have read and understand these TOU and that you have entered into a binding legal agreement with BKE. If you do not accept and agree to be bound by the terms and conditions of these TOU, you should discontinue your use of the Site. In addition, please note that when using a particular service and/or accessing certain materials on or through the Site, you shall be subject to any posted terms or rules applicable to such services or materials, which are in addition to these TOU. All such terms or rules are hereby incorporated by reference into these TOU, and if you do not agree with them you should not use the service and/or materials.

1. DISCLAIMER.

The exercises, training routines and advice on the Site and in the products sold through this site, all email tips from BKE, and all other information otherwise provided to any person by BKE (collectively "Training Advice" or "TA") are intended only for people of normal good health and physical condition. Such Training Advice may not be for everyone. Always consult your personal physician before trying or following any Training Advice or beginning any exercise program, and always follow your physician's advice. In no way should TA be used to replace the advice from your personal physician. BKE is not a physician or providers of medical or health-care services, and TA is not and should not be construed as medical advice or as a substitute for medical advice. As with any physical activity, there is always an element of risk for injury when one engages in this or any other exercise program. When practicing the exercises and in applying the routines or advice in TA, you must always practice safety, proper technique and common sense. BKE assumes no responsibility for any accident, injury, illness, loss or damage that may result from following the exercises, routines or advice in TA. The above terms and conditions apply to all persons. If you are over the age of 35, significantly overweight or have any medical condition or history of disease or illness, it is especially important for you to consult with your personal physician concerning TA or any other exercise program. By using this site and any TA, and by purchasing or using any product advertised on or sold through this site or otherwise sold by BKE or any of its authorized resellers, you represent and warrant that you are in good health and that you are fully capable of safely performing a strenuous exercise program, including a program involving heavy lifting and extreme exertion.

2. COPYRIGHT POLICY.

All products advertised on or sold through the Site, all email tips from BKE, the Site and the entire contents thereof ("Copyrighted Materials" or "CM") are copyrighted by BKE. All rights reserved. No CM may be copied, transmitted or reproduced in whole or in part without the express written consent of BKE. This includes, but is not limited to, electronic copying and transmission of CM over the internet or by any other means. You warrant and represent that you have not violated this Copyright Policy and that you will take no action at any future time in violation of this Copyright Policy or any other intellectual property rights of BKE.

3. RE-SALE, TRANSFER OR SHARING PROHIBITED.

Re-sale, transfer or sharing of any CM by any person or entity is strictly prohibited unless you are an authorized re-seller for BKE. This includes sale of any CM on eBay or any similar website without the express written consent of BKE. To be an authorized re-seller of BKE you must receive written authorization to serve as a re-seller. The authorization must be signed by the President of BKE. You warrant and represent that you have not violated this Re-sale, Transfer or Sharing Policy and that you will take no action at any future time in violation of this Policy or any other intellectual property rights of BKE.

4. USER SUBMITTED MATERIALS.

All user submitted materials, including, without limitation, letters, emails, testimonials, training questions, drawings, designs, artwork, photos, video, success stories, articles, comments, commentary, responses, surveys, or other feedback ("USM") shall become the property of BKE immediately upon transmission or submission of same to BKE, and BKE will own and retain all rights, title and interests, including all intellectual property interests, in and to any such USM. You hereby expressly assign all rights, title and interests in and to such USM to BKE free of charge. BKE does not pay for USM or reimburse or compensate persons or entities that submit USM.

All USM shall be original material of your own and shall not be the work product, whether or not copyrighted and whether or not published, of any other person or entity. If you submit any USM to BKE or to the Site, you represent and warrant that you have all necessary rights in and to such submissions and any material they contain, that such USM is non-confidential and non-proprietary to you, and that's such USM does not and will not infringe any proprietary or other rights of third parties or violate any term of these TOU. BKE may use any USM as it deems appropriate in its sole discretion without restriction. BKE shall not be obligated to publish, post or otherwise use or utilize any USM, to return USM to you, to acknowledge receipt of USM, to comment on, reply to or respond to any USM or to provide any payment or other compensation for any USM.

5. AMENDMENTS TO TOU.

BKE reserves the right to change, modify add to or supplement the terms and conditions of these TOU, the Privacy Policy, and/or any of its other policies relating to the Site, at any time in its sole discretion. BKE shall notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and in these TOU regarding such changes. Your continued use of the Site after any such changes have been posted shall constitute your agreement to them (which agreement shall be effective immediately upon your first use of the Site after the posting of the change or changes in question).

6. PRIVACY POLICY.

The Privacy Policy contained on the Site is incorporated in these TOU by reference, but these TOU shall govern any conflict or inconsistency with such Privacy Policy. In addition, the safety of children is important to BKE. Consequently, if you are under the age of 18 you should not post information about yourself on this Site without the permission of a parent or you legal guardian. BKE does not knowingly or intentionally collect information from children under the age of 18 without parental consent. If you are under the age of 18 you may view the materials on this Site, but if you wish to enter into any transactions on or through this Site or otherwise participate in areas of this Site that require you to enter personal information, please ask a parent or your legal guardian for assistance.

7. MATERIALS AND SERVICES.

Through this Site, BKE may make available to you: (a) certain audio and visual articles, text, images, illustrations, photographs, video, stories, cartoons, characters, documents and other materials contained or displayed in or made available through the Site (collectively, "Materials"); and (b) various services operated by BKE, such as blogs, articles, referral services, classified advertisements, chat rooms, bulletin boards, online shopping and others (collectively, "Services").

8. LICENSE.

BKE and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access, view, download, print, use and display Materials; and (b) use the tools and software on the Site (collectively, "Software"); solely for your own personal, informational, non-commercial use. In these TOU, all references to the "Site" shall be deemed to include all "Software," "Materials" and "Services," unless otherwise expressly indicated. All rights not expressly granted by BKE to you are retained by BKE, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these TOU. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

9. RESTRICTIONS; REMOVAL.

You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) "frame" or "mirror" the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose. You acknowledge that certain elements of the Site are, or may in the future be, licensed to BKE by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of BKE.

10. ACCOUNT INFORMATION AND DATA.

10.1 BKE does not own any personal data or information that you submit to be used by BKE to provide any Service ("Data"), unless BKE specifically tells you otherwise before you submit it. However, you acknowledge and agree that various individuals and entities may have overlapping rights in and to your Data. As such, BKE has and shall retain all rights, title and interests, including all intellectual property rights, in and to all Data and related databases residing on BKE' servers, including all of your Data which is stored in a form that is not identifiable as yours. BKE may use and disclose your Data in accordance with the Privacy Policy, referenced above.

10.2 BKE will not monitor, edit, or disclose any personally identifiable information regarding you or your account, including any Data, without your prior permission except in accordance with these TOU and the Privacy Policy. Please be aware that BKE does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personal information identifiable as yours. BKE may access your account, including its Data, to respond to Service or technical problems or as stated in these TOU.

10.3 You, not BKE, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and BKE shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data, or for any actions or omissions which BKE takes in reliance upon your Data.

11. OWNERSHIP.

BKE and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.

12. MARKS AND LOGOS.

"DINOSAUR TRAINING," the company logo and all other names, marks, symbols and logos used in connection with the Site are trademarks of BKE or other third parties (the "Marks"). BKE grants you no license, permission or authorization to reproduce or use any Marks, whether owned by BKE or a third party. You agree not to display, copy, redistribute or use any Marks in any manner for any reason without BKE' prior express written consent.

13. PRICES AND DESCRIPTIONS.

The prices, products and services advertised on the Site are for Internet orders only. Prices on some items may differ from those charged at local stores of participating vendors. Prices, product and service descriptions, inventory and the availability of products or services are subject to change without notice. BKE reserves the right to limit sales, including also the right to refuse sales, to resellers or others in BKE' sole discretion.

14. THIRD PARTY SITES AND MATERIALS.

14.1 Please exercise discretion while browsing the Internet using the Site. You should be aware that when you are on the Site, you could be directed to other sites that are beyond BKE' control. There are links to other sites from these pages that take you outside of BKE' Site. This includes links from advertisers, sponsors, and content partners that may use BKE' logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that BKE does not control. BKE reserves the right to disable links from third party sites to the Site at any time in its sole discretion.

14.2 BKE is not affiliated with, nor does BKE endorse or sponsor, any sites on the Internet that are linked through or to the Site. BKE provides any such links to you only as a matter of convenience, and in no event shall BKE be responsible or liable for any information, content, products, services or other materials on or available from or through such sites. BKE explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. BKE has not taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. BKE does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against BKE with respect to such sites and third party content. BKE strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

15. THIRD PARTY TRANSACTIONS.


In your use of the Site, you may enter into correspondence with, purchase or sell goods and/or services from or to, or participate in promotions of advertisers or sponsors showing their products and/or services through the Site. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party. BKE shall have no liability, obligation or responsibility for any such correspondence, transaction, exchange, purchase, sale, promotion or other activity conducted between you and any third party. Because BKE is not and cannot be a party in your communications, interactions and/or transactions with any third parties on or through the Site, in the event that you have a dispute with one or more such third parties, you acknowledge that your sole and exclusive remedies are against such third parties. You expressly covenant not to sue or otherwise assert any claim against BKE in connection with such disputes, and hereby release BKE, its subsidiaries, affiliates, owners, shareholders, officers, directors, agents and employees from any and all claims, demands, suits, expenses, fees (including attorneys'fees), judgments, penalties, fines and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

16. YOUR ADDITIONAL RESPONSIBILITIES.

You are solely responsible for any and all activities that occur under your account including inputting, maintaining, and managing accurate information and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify BKE immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of the Site that is known or suspected by you. BKE shall not be responsible for any unauthorized access to, or alteration of, your transmissions or Data, any material, information or data sent or received, regardless of whether the data is actually received by BKE, or any transactions entered into through the Service or failure to abide by these TOU.

17. COMPLIANCE WITH LAWS, PROHIBITED ACTIVITIES.

You agree to abide by all applicable local, state, and federal laws, regulations, statutes, rules and ordinances, in connection with your use of the Site. Without limiting the foregoing, you shall not use the Site to: (a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses; (c) transmit or post unlawful, harassing, bigoted, racist, hateful, libelous, abusive, tortious, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit or post any material that may infringe the intellectual property rights or other rights of third parties, including trademark, trade secret, copyright or right of publicity; (e) transmit or post any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs and cancelbots; (f) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Site or computer systems or networks connected to the Site through password mining or any other means; (h) harass or interfere with another user's use and enjoyment of the Site; or (i) transmit or post, or promote the transmission or posting of, an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devises, or providing pirated content or links to pirated content files. In addition, you agree not to use any device, software, or routine, including but not limited to any viruses, worms, time bombs, to interfere or attempt to interfere with the proper working of the Site or any Service, or to intercept any system, data or personal information from the Site, nor will you take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.

18. YOUR CONTRIBUTIONS TO THE SITE.

18.1 Portions of the Site may contain areas, such as comments or other responses to Blog posts, chat rooms, bulletin boards, classified advertisements, referral information and/or message boards, which provide you and other third parties an opportunity to exchange, post, broadcast, publish, circulate, transfer, share, transmit, upload and/or otherwise distribute suggestions, photographs, video and/or sound recordings, articles, links, ideas, feedback, recommendations, opinions and/or other materials and information (collectively, "Submissions"). If you make any Submissions on the Site, you represent and warrant that you have all necessary rights in and to such Submissions and all material they contain, that the Submissions are non-confidential and non-proprietary to you, and that such Submissions do not and will not infringe any proprietary or other rights of third parties or violate any term of these TOU. Any claim lodged with, or damage resulting to, BKE from your breach of this representation and warranty will be covered by your indemnification obligations under these TOU. The information, advice, facts, opinions or other Submissions on the Site posted by third parties are those of the respective authors and do not necessarily reflect the views of BKE or any its owners, shareholders, employees, officers, directors, agents, suppliers, contractors or affiliated entities.

18.2 BKE will own and shall retain all rights, title and interests, including all intellectual property rights, in and to any and all Submissions. You hereby expressly assign all rights, title and interests in and to such Submissions to BKE free of charge. BKE may use such Submissions as it deems appropriate in its sole discretion without restriction.

18.3 You acknowledge that BKE is not able to independently verify whether Submissions provided to it conform to the TOU, including those TOU relating to the protection of third party rights and interests. To the fullest extent permitted by applicable law, BKE disclaims all responsibility and liability for Submissions and for any losses, damages, or expenses resulting from their use and/or appearance on the Site. Notwithstanding the foregoing, BKE reserves the right to monitor all Submissions and to remove without liability any Submissions that it considers, in its sole discretion, to be offensive, violate any applicable law, violate the right of any third party, or otherwise violate the terms of these TOU. If you discover Submissions on the Site that are offensive, violate any applicable law, violate the right of any third party, or otherwise violate the terms of these TOU you may provide BKE with notice of such Submissions at "info @ brookskubik.com."

18.4 BKE retains the right to edit Submissions for any reason and in its sole discretion.

18.5 BKE does not provide any payment or compensation of any sort for Submissions. All submissions are provided at no charge to BKE.

19. INDEMNIFICATION.

You shall indemnify, defend and hold BKE, its licensors and information providers, and each such party's parents, subsidiaries, affiliates, owners, shareholders, members, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, actions, proceedings, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your: (a) access to and/or use of the Site; (b) Submissions, Data and other information provided to BKE; (c) breach of these TOU; and/or (c) violation of any applicable law or right of a third party.

20. DISCLAIMER OF WARRANTIES.

20.1 YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND BKE MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. BKE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

20.2 YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM BKE, OR THROUGH OR FROM THE SITE, SHALL CREATE ANY REPRESENTATION OR WARRANTY BY BKE.

20.3 THE SITE IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE. WITHOUT LIMITING THE FOREGOING, NEITHER BKE, ITS LICENSORS NOR ANY CONTENT PROVIDERS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE, OR THAT THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA.

20.4 ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BKE, ITS LICENSORS AND CONTENT PROVIDERS. Some jurisdictions do not allow the exclusion of implied warranties such that the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.

21. LIMITATION OF LIABILITY AND ACTIONS.

REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL BKE, ITS LICENSORS OR CONTENT PROVIDERS (OR THEIR RESPECTIVE SHAREHOLDERS, OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE LIABLE OR RESPONSIBLE TO YOU IN CONNECTION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY, BUSINESS INTERRUPTIONS AND/OR BENEFIT OF THE BARGAIN DAMAGES; AND/OR (C) DIRECT DAMAGES IN AN AMOUNT GREATER THAN FIVE THOUSAND DOLLARS ($5,000 USD). ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH CLAIM AGAINST BKE.

22. EXPORT.

22.1 BKE controls and operates the Site from its location(s) in the United States of America. BKE makes no representation that the Site is appropriate or available for use in other locations. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You are expressly prohibited from using or accessing the Site from any location in which the Site and/or any Software, Materials and/or Services would violate any law within of that jurisdiction. Any diversion of the Software, Materials and/or Services contrary to United States law is prohibited.

22.2 Software from the Site may further be subject to United States export controls. No Software from the Site may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

23. TERM AND TERMINATION.

23.1 These TOU, and your right to access and use the Site, are effective until terminated by either you or BKE. You may terminate these TOU at any time by discontinuing use of the Site and destroying all materials obtained from or through the Site, and all related documentation and all copies and installations thereof, whether made under these TOU or otherwise.

23.2 These TOU, and your access to and/or use of the Site, may be terminated by BKE immediately without notice to you if in BKE' sole discretion you fail to comply with any term or provision of these TOU. Upon termination, you must destroy all materials obtained from or through the Site, and all related documentation and all copies and installations thereof, whether made under these TOU or otherwise.

23.3 Subject to the terms of these TOU, all provisions of these TOU relating to ownership, limitations of liability, confidentiality, protection of copyrights and other intellectual property, indemnification and other provisions which by their nature survive termination of these TOU shall survive termination of these TOU.

24. KENTUCKY LAW; JURISDICTION AND VENUE.

In order to ensure consistency in the interpretation and enforcement of these TOU and BKE' rights in the Site, these TOU will be governed exclusively by Kentucky law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation arising between you and BKE related, in any way, to the Site and/or these TOU, to any product purchased by you from BKE or any of its authorized re-sellers, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Western District of Kentucky at Louisville and/or the state courts of Jefferson County Kentucky. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts, and waive any claim, argument or defense of or relating to personal jurisdiction, venue or forum non conveniens (inconvenient forum) .

25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

25.1 Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be submitted to the following BKE Designated Agent:

Name: Brooks D. Kubik
Address: P.O. Box 4426
Louisville, Ky. 40204



E-Mail Address: info@brookskubik.com

25.2 To be effective, the notification must be a written communication that includes the following:

(a) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed (multiple copyrighted works at a single online site are covered by a single notification, and may be identified by providing a representative list of such works at that site);

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

(d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

25.3 BKE may give notice to BKE' users by means of a general notice on this Site, electronic mail to a user's e-mail address on BKE' records, or by written communication sent by first-class mail to a user's address on BKE' records.

26. SEVERABILITY.

If any provision of these TOU is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these TOU shall remain in full force and effect.

27. WAIVER.

The failure of BKE to enforce any right or provision in these TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BKE in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these TOU.

28. RELATIONSHIP.

The relationship between you and BKE is that of independent contract. No joint venture, partnership, employment, or agency relationship exists between you and BKE as a result of these TOU or your access to the Site. Neither party has the authority to create any obligations for the other, or to bind the other to any representation, statement or document.

29. DINOSAUR TRAINING POLICIES; INCORPORATION BY REFERENCE.

All Dinosaur training Policies are incorporated by reference into these TOU.

DINOSAUR TRAINING POLICIES

The following policies apply to the Dinosaur training site and to your interaction with BKE. These policies are incorporated by reference into the TOU.

PERSONS 18 AND UNDER POLICY

Please note if you are 18 and under:

If you are under 18 and interested in placing an order, please get your parent's permission and have them place the order for you over the site.

NO MEDICAL ADVICE POLICY

BKE strives to provide you information that will help you with your training. However, we are not doctors or health care providers, and you train with the information that is contained within the e-mails that are sent to you at your own risk. None of the information contained on this website constitutes medical advice. Please consult with your personal physician and ask your physician to approve all physical activities before engaging in them.

REQUESTS FOR INFORMATION AND FREE SAMPLES/DISCOUNTS

We do not offer discounts, free samples, or ways to test or review our products before you order them, regardless of who you are or how much you are ordering. Please respect this and do not ask for a discount, as it will not be given to you. If you would like to save money, the best option we can offer you is to place as much of an order as you can at one time as it will save on shipping and handling costs. The information on the Dinosaur training website is kept as current as possible and should provide any necessary details you may need to make an informed decision and complete your order.

PRIVACY POLICY

At BKE, we take your privacy seriously. We will not share your customer information with other companies for any reason whatsoever.

EMAIL POLICY

Anyone who subscribes to our emails lists does so of their own volition or by specific request to one of our employees or agents to be added. Subscriber information is never rented, shared or sold to any other third part for any reason. Furthermore, subscribers may choose to opt out at any time through the email form or via an email request to BKE. Provided the correct choices are made on the unsubscribe form, this will take place immediately.

If we should receive rude, insulting, or obnoxious correspondence via email, we reserve the right to revoke the membership of the sender immediately and without notice. In such event, your email address and ip address will be banned from our email lists.

RETURN POLICY

At BKE, our mission is to provide the finest in strength training information and top quality Dinosaur Training products. Our success since 1996 speaks for itself. We do not sell a product that we would not use or information that we would not follow. To us, there is no question whatsoever as to the value of this information and our products. Without this confidence in our products, we would not be able to make such statements. The true mark of faith in your products is to stand behind them 100% and to believe, with no questions asked and with out a shadow of a doubt, that these products are incredibly valuable. Since we stand by our products to such a high degree, we offer no refunds, returns or exchanges on any of our information products. Offering a no-questions-asked refund or exchange shows little confidence in one's product and that is simply not the case here. However, if your product is defective, we will gladly replace it with one that functions properly. Other than a defective product, we offer no refunds or exchanges on any product for any reason. Scratches, abrasions, wear and tear due to normal use and neglect are not covered under warranty. Any damaged good claims must be reported immediately upon receipt of product. You have SEVEN DAYS from the date of your receipt of the product to notify us of the problem. Shipping & Handling Charges are non-refundable. We also reserve the right to refuse service to anyone, including any re-seller.

BAD CHECK POLICY

Bounced checks will incur an extra $35 fee in addition to the original amount owed, and you may be banned from future purchases from us.

SHIPPING POLICY

Please be sure that your shipping address is correct; if the shipment comes back to us because you provided an incorrect address, we will charge you to re-ship the product. In addition, if you provide an address that does not get verified with our postage software, we will not ship out your order, and will contact you BEFORE we ship your items out. We will then wait to receive a verifiable address and then we will send your order. Checking and re-checking your address will help to prevent your order from taking longer than it needs to get to you. International orders require correct international shipping. Do NOT use Domestic postage for an international order. Domestic postage is for orders shipped to an address in the USA or to an APO. If you are not sure what postage to select, send an email to us and we will answer your question before you place your order. If you accidentally (or purposely) choose the incorrect shipping rate for an international order, we reserve the right to charge your card for the correct amount. We will be more than happy to cancel or adjust an order if it has not shipped. However, no refunds or exchanges are available for items which are already in the mail or en route to your shipping destination. End users are responsible for shipping items back to us at their own expense in the event of cancellation.

LOST ITEM POLICY

Normal turn-around time for any item shipped to an address in the USA is 3-5 business days depending on the nature of your order and its destination. Shipping for international and APO locations carries a 10-14 business day normal turn around. If you do not receive your items within this time frame, please contact us immediately. If you live in an apartment complex, condo, etc. and you do not pay to have signature confirmation put on your package, and your order does not arrive, we will charge you both for the product and to re-ship the product if you wish to re-order. Every item that is shipped to an address in the USA includes shipping confirmation via USPS Priority mail or other related carrier service. This comes at no extra charge to the customer. As a result, we will have tracking and/or confirmation of all domestic orders at the date and time they arrive. We offer signature confirmation service for an extra fee. If you do not receive said order, you should check with relatives, neighbors, your mail carrier or anyone else who may have picked up your package without your knowledge. Once you have exhausted all possibilities, you should contact your local post office and your local police department to file a police report for stolen items. Your local post office should be able to guide you through this process and provide any necessary paperwork. Once that action is taken, send us copies of the police report and we will be happy to replace the order, assuming the item does not turn up. In such an extenuating circumstance, please allow time for the proper claims and actions to take place by all relevant parties. We cannot guarantee order receipt for orders sent to prisons and/or correctional facilities. In this case, we recommend having orders shipped to family members first so that other arrangements can be made.

CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES

As used in this policy, "Seller" means BKE and "buyer" means any person purchasing any goods or services from BKE with a credit card. Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers. If the true and/or authorized owner of the credit card attempts to commit fraud upon the Seller, he authorizes each and every credit card company or merchant service provider to disclose to the Seller all information that could be construed as proof of credit card fraud. Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies. Buyer agrees that if he uses trickery to receive more than one refund, or if he causes a fraudulent dispute claim that results in a charge back against the Seller's account, that the Seller is authorized to re-charge the Buyer's credit card that was used for the original purchase to the extent that will make the Seller whole. Buyer agrees to, in addition to actual damages, pay to the Seller liquidated damages of an amount equivalent to US$10,000 for every separate fraudulent action Buyer commits.

PRICING POLICY

Please note that when you receive a quote, the prices quoted are good for 30 days from the date that the quote was received. If the prices for the products change and you have not placed an order within the 30 days, and you then place an order, a new quote will be created for you. Please also recognize that if you add or change your order that a new shipping quote will become necessary, and may significantly change the total. Prices may change without notice. Please be an informed customer and check back before you order. Specials and Discounts are not Retroactive. Thank you for shopping at Brooks Kubik Enterprises, Inc. We look forward to continually providing you with the best products and the best service in the industry.

Yours in strength,
Brooks Kubik





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