Last updated: January 21, 2016
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.bodysolutionsinc.com website (the “Service”) operated by Body Solutions (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of Body Solutions and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Body Solutions.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Body Solutions.
Body Solutions has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Body Solutions 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Body Solutions and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Body Solutions, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Body Solutions its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
INFORMATION BODY SOLUTIONS COLLECTS FROM YOU
Active Information Collection
Like many other web sites, we actively collect information from our visitors both by asking specific questions on this Web Site and by permitting you to communicate directly with us via e-mail. Some of the information that you submit may be personally identifiable (that is, information that can be uniquely identified with you, such as your name, address, e-mail address, phone number, etc.).
Passive Information Collection
As you navigate through a web site, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies and means, such as navigational data collection. Like most web site operators, we track IP addresses, use both session and persistent cookies, and assign Internet tags. Our system also automatically gathers information about the areas you visit on this Web Site and collects operational information about the technology you use, such as your browser, type of computer, operating systems, and Internet service providers.
We passively collect information to understand what areas of this Web Site are most popular, which areas may require improvement, and what technologies are being used by our visitors. This information helps us to update and improve this Web Site. We also use this information for security purposes, to detect and to block security breaches and to provide you with a safe online environment.
HOW BODY SOLUTIONS USES YOUR INFORMATION
Body Solutions uses your personal information to enhance the operation of this Web Site and allow you to use all of its features. Body Solutions may contact you about new features or products in which it believes you may be interested. Body Solutions may disclose your personal information to the reputable vendors that assist us in processing information or delivering the items that our customers order. These vendors are restricted from using the information for any purpose other than helping us to provide products and services. Body Solutions may provide aggregate statistics about our customers, sales, online traffic patterns and related information to reputable third parties, but these statistics will not include any personally identifying information. Body Solutions also will disclose any information that it is required to disclose by law or by an appropriate government authority.
Although Body Solutions does not currently rent, sell, or otherwise share your information with third parties for purposes unrelated to this Web Site.
CHOICES YOU HAVE ABOUT HOW BODY SOLUTIONS USES YOUR INFORMATION
We strive to provide you with as many choices and as much control as possible regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
HOW BODY SOLUTIONS PROTECTS YOUR INFORMATION
We work hard to protect your personal information. We use both technical and procedural methods to maintain the integrity and security of our databases by storing data received via the Web Site in an access-controlled database.
This Web Site contains links to other web sites operated by third parties that may be of interest to you. We cannot control these third party sites, which may collect personal information from you. When you follow a link and leave this Web Site, you do so at your own risk.
WHAT BODY SOLUTIONS DOES ABOUT CHILDREN VISITING THIS WEB SITE
This Web Site is not intended for children under the age of 13. We will not knowingly collect information from Web Site visitors in this age group. We encourage parents to talk to their children about their use of the Internet and the information they disclose online.
HOW YOU CAN CONTACT BODY SOLUTIONS
BODY SOLUTION MAKES EVERY REASONABLE EFFORT TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT OUR COMPANY AND PRODUCTS ON THIS WEB SITE, HOWEVER, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS CURRENT OR THAT THIS WEB SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE.
TRADEMARK AND COPYRIGHT.
Unless otherwise indicated, all materials on this web site are protected as the copyrights, trade dress, trademarks and/or intellectual properties owned by Body Solutions or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. The term “Body Solutions” is a trademark and the Body Solutions logo and all related product and service names, designs and slogans are Body Solutions trademarks. You may not use such marks without Body Solutions prior written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners. Any rights not expressly granted herein are reserved.
NOTICE SPECIFIC TO MATERIALS AVAILABLE ON THIS WEB SITE.
Permission to use materials (such as brochures, press releases, owners manuals) from this web site is granted, provided that the use of the materials is for informational, non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this web site in any way. Except as expressly authorized by Body Solutions in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site or (c) use of this Web Site or of any services or materials available through this Web Site. You agree to indemnify, defend and hold harmless Body Solutions for any and all unauthorized uses you may make of any material on this site. You acknowledge the unauthorized use of the contents could cause irreparable harm to Body Solutions and that in the event of unauthorized use, Body Solutions shall be entitled to an injunction in addition to any other remedies available at law or in equity.
LINKS TO THIRD PARTY WEB SITES. Some links on this site will allow you to connect with sites that are not under our control. Body Solutions is providing these links only as a convenience. The appearance of a link does not imply Body Solutions endorsement, nor is Body Solutions responsible for the Body Solutions of any linked web site products or services of any third-party web sites and does not make any representations regarding their quality, content or accuracy. Access them at your own risk.
DEALINGS WITH THIRD PARTY MERCHANTS. If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Web Site, you acknowledge and agree that Body Solutions is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Body Solutions will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on or through this Web Site.
LIABILITY OF BODY SOLUTIONS AND ITS LICENSORS
Body Solutions does not assume any liability for the materials, information and opinions provided on, or available through, the Body Solutions Web Site (the “Site Content”). Reliance on the Site Content is solely at your own risk. Body Solutions disclaims any liability for injury or damages resulting from the use of any Site Content.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
This web site and Site Content are provided on an “as is”, “as available” basis without warranties of any kind, express or implied including but not limited to those of merchantability, fitness for a particular purpose or non-infringement or any warranty arising from a course of dealing, usage or trade practice. Body Solutions makes no warranty or representation with respect to the quality, accuracy or availability of the Body Solutions Web Site. Specifically, Body Solutions does not warrant or represent that the Body Solutions Web Site, the Site Content or the services provided on or through this web site will be accurate, reliable, error-free or uninterrupted; that defects will be corrected; that the Body Solutions Web Site or the server that makes it available are free of viruses or other harmful components; or that the Body Solutions Web Site will otherwise meet your needs or expectations. DISCLAIMER OF LIABILITY. The user assumes all responsibility and risk for the use of this web site and the Internet generally. Under no circumstances including negligence shall Body Solutions or anyone involved in creating or maintaining this web site be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES or LOST PROFITS that result from the use or inability to use the web site, the Site Content, any services provided through this web site and/or any other web sites which are linked to this site. Nor shall Body Solutions or anyone involved in creating or maintaining this web site be liable for any such damages including, but not limited to reliance by a member or visitor or any information obtained via the web site; or that results from mistakes, omissions, interruptions, deletion or files, viruses, errors, defects or any failure of performance, communications failure, theft, destruction or unauthorized access whether or not Body Solutions has been advised of the possibility of any such damages.
FITNESS CENTER TESTIMONIAL PARTICIPANT REQUIREMENT
Participant must sign a Release to participate, the language of the Release is as follows: For good and valuable consideration herein acknowledged as received, upon the terms hereinafter stated, I hereby grant to Body Solutions its legal representatives and assigns, those for whom Body Solutions is acting, and those acting with its authority and permission, the absolute right and permission to copyright and use, re-use and publish, and republish photographic images of me or in which I may be included, and my personal fitness story, in whole or in part, or composite or distorted in character form, without restriction as to changes or alterations, from time to time, in conjunction with my own or a fictitious name, or reproductions made through the Body Solutions web page or any media on Body Solutions premises, or elsewhere for informational, promotional or publicity purposes. It is further acknowledged that the received consideration is payment in full for my likeness and/or story performed regardless of any continuous publishing of images used in any media form. Additionally, I agree to the following terms:
1. I shall have no claim to additional compensation and no claim (including without limitation, claims based upon invasion of privacy, defamation or right of publicity) arising out of any use, blurring, alteration, distortion or illusionary effect of use in composite form of my name, picture, or likeness or out of any other faulty reproduction of my name, picture or likeness in the finished materials produced hereunder.
2. I hereby release, discharge and agree to hold harmless Body Solutions or its representatives or assigns, any and all persons acting under its permission or authority or those for whom Body Solutions is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur in any publication thereof even though it may be subject to ridicule, scandal, reproach, scorn and indignity.
3. I represent that I am over 21 years of age (or if under 21 my parent or legal guardian will sign below to signify consent on my behalf to the terms and conditions of this agreement). I also represent that I have the right to enter into this agreement and have no conflicting commitments or obligations that would interfere with rights herein granted. I have not heretofore authorized (which authority is still in effect) nor will I authorize or permit the use during the term of my name picture, voice or likeness in connection with the advertising or promotion of any product or service that is competitive to or incompatible with those of Body Solutions.
COMMENTS AND SUBMISSIONS
Body Solutions welcomes your comments. All comments, suggestions or other information sent by you to this Web Site for internal use by Body Solutions or its advertisers or business partners or in response to solicitations on this Web Site, will become Body Solutions property, and you agree that all intellectual property rights therein are transferred to Body Solutions. You understand that any postings to publicly available portions of the Body Solutions Web Site are non-confidential for all purposes.
The owner of this Web Site is based in the State of New Jersey, USA. Body Solutions makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.
If you have any questions about these Terms, please contact us.
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