Terms and Conditions and Privacy
Your Use of this Website is Governed by these Terms and Conditions
Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, please do not use the Muscles Not Motors website.
By using our website, you are communicating electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
License and Site Access
Muscles Not Motors grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Muscles Not Motors. Any unauthorized use terminates the permission or license granted by Muscles Not Motors. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Musclesnotmotors.com so long as the link does not portray Muscles Not Motors, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Muscles not Motors does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may MusclesNotMotors.com only with the involvement of a parent or guardian. Muscles Not Motors reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Risk of Loss
All items purchased from Muscles Not Motors are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
From time to time there may be information on our Web that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Muscles not Motors reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice including any time after you have submitted your order.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE ARE PROVIDED BY MUSCLES NOT MOTORS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MUSCLES NOT MOTORS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MUSCLES NOT MOTORS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MUSCLES NOT MOTORS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM MUSCLES NOT MOTORS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MUSCLES NOT MOTORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE EQUIPMENT, GEAR, AND CLOTHING SOLD ON THIS SITE MAY BE USED OR IS INTENDED TO BE USED IN ATHELETIC OR SPORTING ACTIVITIES; THESE ACTIVITIES HAVE INHERENT SAFETY AND HEALTH RISKS. BY USING THIS WEB SITE, YOU ARE ACKNOWLEDGING AND ASSUMING SUCH RISKS. MUSCLES NOT MOTORS DOES NOT PROVIDE ADVICE, RECOMMENDATIONS, OR OTHER INFORMATION ABOUT THE USE AND SUITABILITY OF SUCH EQUIPMENT, GEAR, OR CLOTHING FOR A PARTICULAR USER. MUSCLES NOT MOTORS DOES NOT OPINE OR PROVIDE ANY INFORMATION ABOUT THE SUITABILITY OF ANY ATHELETIC OR SPORTING ACTIVITY FOR ANY PARTICULAR USER.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law and Jurisdiction
By visiting Musclesnotmotors.com, you agree that the laws of the state of Vermont—without regard to principles of conflict of laws—will govern these Terms and Conditions and any dispute of any sort that might arise between you and Muscles Not Motors. Musclesnotmotors.com is not directed toward any state and is located solely in the State of Vermont. Any license or permission granted is done so in Vermont and is not intended to create a substantial contact in a particular state. By purchasing through the Muscles Not Motors Website, you acknowledge that you are reaching out and doing business with a Vermont company that is located solely in Vermont.
All of the Content you see and hear on MusclesNotMotors.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Muscles not Motors or its content suppliers. The entire Content of this website is copyrighted as a collective work under U.S. and international copyright laws, and Muscles not Motors owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
The Content of this website, and the site as a whole, is intended solely for personal, non-commercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use and (2) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. (the only question I have here is how to address sharing of our blog posts/articles by users to broadcast via facebook, twitter, etc. – we will be asking our contributing bloggers to share this information, sharing it on Facebook, Twitter, etc., where sharing is what you do with posts….)
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. MusclesNotMotors.com reserves complete title and full intellectual property rights in any Content you download from this website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Muscles not Motors.
These Terms and Conditions May Change
Muscles Not Motors reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
What Information Do We Collect? How Do We Use It?
When you order, we need to know your name, e-mail address, mailing address, credit-card number and expiration date. This allows us to process and fulfill your orders and to notify you of your order status.
You may voluntarily sign up to be informed about certain offers. For this service we need only an e-mail address, which we use to send the information you requested.
When you enter a contest or other promotional feature, we may ask for your name, address and e-mail address, so we can administer the contest and notify winners.
We monitor customer traffic patterns and site usage to help us develop the design and layout of the site.
We may also use the information we collect to occasionally notify you about important changes to the website, new Muscles not Motors services and special offers we think you'll find valuable. If you would rather not receive this information, please notify us. Make sure to notify us for each account or e-mail address you have left with us.
How Does Muscles Not Motors Protect Customer Information?
We have physical, electronic and procedural security safeguards to protect and secure the information we collect.
Our website uses Secure Sockets Layering (SSL) to encrypt your personal credit information, including your credit card number, before it travels over the Internet. SSL technology is the industry standard for secure online transactions. We take your privacy seriously and will work to protect you.
Will Muscles Not Motors Disclose the Information it Collects to Outside Parties?
Muscles not Motors does not sell, trade or rent your personal information to third parties at this time.
Muscles Not Motors®, is wholly owned by Onion River Sports, Inc. of Montpelier, Vermont, and it is solely responsible for the content of this website.
Muscles Not Motors Contest Rules:
Regular Giveaways: i.e. Muscles Not Motors merchandise, sports gear, sporting equipment, event tickets, and other small prizes
• All winners must be at least 18 years old, and no one in the same household may have won anything from the Muscles Not Motors in the past 30 days.
• Some Muscles Not Motors events are held in venues that require all audience members to be at least 18 year of age; that requirement would be enforced for our contest winners as well.
• Employees of Muscles Not Motors and their immediate families are not eligible to win. Employees of any contest-related sponsor and their immediate families are also not eligible.
• There are no substitutions, exchanges, or refunds. If an event is postponed, we will put ticket winners for that event on the guest list for a make-up date
• Winners may not assign the prize to another party.
Major Contest Rules
The Muscles Not Motors contests are open to people who reside in the Continental USA and are at least 18 years of age. Employees of Muscles Not Motors, participating sponsors/promotional partners, affiliated advertising agencies, in the Vermont Area and members of their immediate families are ineligible to participate or win.
Social Media members are eligible to win a Muscles Not Motors contest once every thirty days (unless the prize is judged by Muscles Not Motors to be insignificant) and a prize valued at $250 or more once every six months. Only one winner per household is permitted in any contest.
Contestants may be required to sign a release form waiving Muscles Not Motors of any liability for injury or death caused during the contest or event by use of the prize. Contestants may be required to present a valid ID or driver¹s license when accepting the prize.
All prizes should be sent from the office of Muscles Not Motors during normal office hours (Monday-Friday from 9am-5pm, excluding Holidays) at 20 Langdon Street, Montpelier, VT, 05602. Winners should not pick-up prizes unless notified by a Muscles Not Motors representative. All prizes will be sent out within a two-week period. The winner will forfeit any prize not claimed within 30 days of winning or by time designated to each contest. Muscles Not Motors is not responsible for the safe arrival of a Muscles Not Motors prize or prize certificate.
Contest prizes are not transferable. Prizes may not be substituted for or redeemed for cash. Muscles Not Motors reserves the right to substitute a prize or prizes of equivalent or greater value. Decisions made by Muscles Not Motors / Onion River Sports management with respect that all contests are final.
(If applicable) Payment of all federal, state, and local taxes is the sole responsibility of the winner. Winners may be required to sign an IRS Form 1099 or the equivalent if prize or combination of prizes for the calendar year totals over $599. By participating in the contest, the winner or winners agree to have their name, voice, or likeness used in any broadcasting, social media or advertising material relating to this contest without additional financial or other compensation.
Muscles Not Motors reserves the right to make changes in the rules of the contest, including the substitution of a prize of equivalent value, which will become effective upon announcement.
No purchase is necessary. The contest is void where prohibited. Failure to comply with the contest rules may result in a contestant¹s disqualification, at the sole discretion of Muscles Not Motors.
Muscles Not Motors is not responsible for typographical or other errors in printing, on-line or any other form of media communications; the offering or the administration of the contest or in the announcement of a prize.
Muscles Not Motors is not responsible for problems with the telephone lines, online media, or post mailing.
Muscles Not Motors reserves the right to assign special rules or exceptions for any promotion or contest on a case-by-case basis; copies of these exceptions will be available upon request during contests and/or at location of the promotion.