terms

Men’s Performance Institute

Terms of Use Agreement

Disclaimer: This is not a medical site and the staff of MPI are not doctors and do not provide medical advice. This site provides instructional content designed to be used for physical training. The contents of the MPI Site, such as text, graphics, images, information obtained from MPI’s licensors, and other material contained on the MPI 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 MPI Site.

The Site may contain materials that are sexually explicit. If you find these materials offensive or they are considered offensive based on your community standards, please immediate cease use of the Site. Any continued use shall be deemed in bad faith on your part.

The Men’s Performance Institute (“MPI”) operates this Site to provide online access to information about MPI and the products, services, and opportunities we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). If you do not agree to all the terms and conditions set forth, you are denied the right to further access of the Site and any continued use shall be deemed in bad faith on your part. Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement”.

MPI reserves the right to modify this Agreement at any time without giving you prior notice. It is your responsibility to check for updates to the Terms of Use. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is May 28, 2014

Table of Contents

  1.  This site does not provide Medical Advice
  2.  Use of Site
  3.  Copyright & Trademarks
  4.  Links to Third-Party Web Sites
  5.  Linking to this Site
  6.  Downloading Files
  7.  Software
  8.  Terms of Program Guarantee
  9.  Cancellations and Refunds
  10.  Disclaimer of Warranties
  11.  Limitation of Liability
  12.  Indemnification
  13.  Attorneys fees
  14.  Privacy
  15.  Additional Terms of Service
  16.  User Conduct
  17.  Unsolicited Idea Submission Policy
  18.  User Supplied Information
  19.  Password Security
  20.  General Provisions

1. This site does not provide Medical Advice

The contents of the MPI Site, such as text, graphics, images, information obtained from MPI’s licensors, and any other material contained on the MPI 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 MPI Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. MPI does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by MPI, MPI employees, others appearing on the Site at the invitation of MPI, or other visitors to the Site is solely at your own risk. 
While MPI tasks all available and reasonable means to verify the factual Content provided by 3rd parties before publication on the site, MPI shall not be liable (to the extent of relevant State and Federal laws) for any incomplete, incorrect, or misleading Content which might be published.

The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

2. Use of Site You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about MPI products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. MPI reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

3. Copyright & Trademarks The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to MPI or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by MPI or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may not download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by MPI, for example in certain password-restricted areas of the Site and in our Frequently Asked Questions). With the exception of the Sample Images, you may not manipulate or alter in any way images or other Content on the Site.

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

4. Links to Third-Party Web Sites Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by MPI of the third party, the third-party web site, or the information contained therein. MPI is not responsible for the availability of any such web sites. MPI is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of MPI affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

5. Linking to this Site If you would like to link to the Site, you must follow MPI’s link guidelines. Unless specifically authorized by MPI, you may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

6. Downloading Files MPI cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

7. Software Any software available for download via the Site is the copyrighted work of MPI and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

8. Terms of Guarantee

MPI does provide and advertise a money back guarantee on male sexual endurance improvement results from using this physical training program. The Guarantee Program (“The Guarantee”) specifies that via the use of and adherence to the lessons in this program that we will (at a minimum) double your average sexual endurance times over your reported endurance times when you began the program. Users who satisfy the terms outlined below and who still have not doubled their average reported male sexual endurance times from what they initially reported can file for a refund of up to three months MPI subscription (less refund processing fees, which may vary depending upon currency of original subscription purchase).

To be eligible for the MPI Money Back Performance Improvement Guarantee, you must:

  •  Provide an initial reported average sexual endurance time of no more than 5 minutes. If your initial reported average endurance time is 5 minutes or greater you do not qualify for “The Guarantee”, but you are welcome to use the course to improve your sexual endurance.
  •  Adhere to the schedule of exercises with no more than a 5% attendance deviation from the program schedule
  •  Adhere to the schedule of completing all exercises with no more than a 5% lesson completion deviation from the program schedule
  •  You must truthfully complete the questionnaire endurance progress reports in the program
  •  You must have demonstrated (via lesson logs) that you have gone back to revisit previous lessons where you had difficulty meeting the endurance targets with the exercises defined

o Going back to revisit lessons will not count against users adherence to the 5% or less deviation from lessons and/or completed exercises

  •  You must have requested mentoring assistance via the FAQ or troubled student page
  •  You must have been enrolled in the program for 90 or more consecutive days

9. Cancellations – Canceling Recurring Payments. You may cancel a PayPal recurring payment at any time up to 3 Business Days prior to the date the payment is scheduled to be made. To cancel a recurring payment, log in to your PayPal account, access the My Account tab, then access the Profile tab, then access the Financial Information column and click on “My Preapproved Payments” and follow the instructions to cancel the payment. Please keep in mind that Recurring Payments are sometimes referred to as “subscriptions” or “preapproved payments.” In addition, if you cancel a Recurring Payment you may still be liable to the Merchant (MPI) for the payment and shall be required to pay the Merchant through alternative means to be determined by the Merchant.

If you cancel your subscription before you have completed the program (100 days), we will retain a portion of the subscription paid as a cancelation processing fee. The user’s account may be credited with the full subscription amount but a processing fee will be deducted from your Account. The processing fees can vary depending on the currency of the original subscription purchase.

10. Disclaimer of Warranties MPI MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. MPI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. MPI DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. MPI DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

11. Limitation of Liability IN NO EVENT WILL MPI BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF MPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MPI’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

12. Indemnification You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless MPI, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

13. Attorney’s Fees. A new subsection, “Insolvency Proceedings,” has been added to Section 14 of PayPal’s User Agreement. It states that PayPal will be entitled to recover all reasonable costs or expenses incurred in connection with enforcement of the User Agreement if you commence a proceeding under United States Bankruptcy Code or any other bankruptcy or insolvency law, or if such a proceeding is commenced against you. MPI also reserves the right to recover any and all Attorney’s fees incurred by MPI in connection with enforcement of the Terms of Service.

14. Privacy Click here to see MPI’s Privacy Policy.

15. Additional Terms of Service The information contained in this website is for general information purposes only. The information is provided by MPI and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profit arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of MPI. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However MPI takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

16. User Conduct You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

17. Unsolicited Idea Submission Policy MPI or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should MPI’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to MPI or anyone at MPI. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of MPI, without any compensation to you; (2) MPI will have no obligation to return your idea to you or respond to you in any way; (3) MPI will have no obligation to keep your idea confidential; and (4) MPI may use your idea for any purpose whatsoever, including giving your idea to others.

However, MPI does welcome feedback regarding many areas of MPI’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section and any rights that you might have to the Submission immediately become the property of MPI upon said submission as stated below..

18. User Supplied Information The personal information you submit to MPI and its sites is governed by the MPI Privacy Policy. To the extent there is an inconsistency between this Agreement and the MPI Privacy Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission” or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give MPI the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

19. Password Security If you register to become a mensperformanceinstitute.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password. You hereby accept to notify MPI immediately if you think your member information and/or password may have been compromised in any fashion. MPI is not liable for any unauthorized use on your account.

20. General Provisions a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by MPI of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. MPI therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. MPI does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

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