Terms and Conditions
Terms and Conditions of Use
Please read these Terms and Conditions carefully before using this site.
These Terms and Conditions of Use (these “Terms and Conditions”) set forth the agreement between the www.thebodybenefits.com web site (this “Site”), which is owned, operated and maintained by The Body Benefits, and each user governing the use of this web site. The Body Benefits (“we”, “us”, “our”) want each visitor to this Site to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (and you) know what to expect from each other. Please read these Terms and Conditions carefully before using this Site. By using this site, you are agreeing to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this site.
The Body Benefits may revise and update these Terms and Conditions at any time. Your continued usage of the The Body Benefits website (the “Site”) indicates your acceptance of those changes. We encourage you to review this Site and terms periodically for any updates or changes. Your continued access or use of this Site shall be deemed your notification and acceptance of these changes.
If you have any questions or concerns regarding payments for The Body Benefits service then please contact us via a firstname.lastname@example.org, where we will do our best to assist you.
For chargebacks, or any other financial disputes initiated with an external party, it is our policy to immediately cancel access to The Body Benefits service while the dispute is investigated. As chargebacks are typically indicative of a fraudulent transaction, we take these actions to protect us and the originator of the chargeback.
Where we believe that a chargeback has been incorrectly claimed, and the charges do not appear to have been made fraudulently, we will submit evidence to contest this. This process is administered by our payment processor, in line with industry standards.
Where chargebacks, or other financial disputes, are settled in our favor we will administer refunds or partial refunds at our sole discretion.
This Site Does Not Provide Medical Advice
The contents of this Site, such as text, graphics, images, information obtained from The Body Benefits licensors, and other material contained on this Site (collectively, the “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 medical treatment as a result of something you have read on this Site.
If you are experiencing a medical emergency, immediately discontinue use and call 911 immediately. The Body Benefits does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Site. Reliance on any information provided by The Body Benefits, Katy Craner and/or Lauren Schwitters, or others appearing on this Site at the invitation of The Body Benefits, or other visitors to this Site is solely at your own risk.
Results with this program may vary. Exercise and proper diet are necessary to achieve and maintain weight loss. Consult your healthcare professional before beginning any diet or fitness regimen and please refer to your healthcare professional with any medical related questions that may arise while training with the The Body Benefits program.
In addition, we are committed to protecting the privacy of children. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Content
The Body Benefits authorizes you to view or download a single copy of the material on this Site solely for your personal, non-commercial use. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as permitted herein or by the fair use privilege under the United States copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content on this Site and/or in our e-bulletins, e-articles or e-books, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
All other trademarks, product names, and company names and logos appearing on this Site are the sole property of their respective owners. Any special rules for the use of certain other items accessible on this Site may be included elsewhere within this Site and are incorporated into these Terms and Conditions by reference.
Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of The Body Benefits. All rights not expressly granted herein are reserved to The Body Benefits. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.
You grant The Body Benefits and all other persons or entities involved in the operation of this Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of this Site. The Body Benefits cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using this Site.
This Site contains functionality (including message boards, postings, etc.) that allows users to upload content (the “User Content”) to this Site (collectively “Public Areas”). You agree that you will not upload or transmit any communications or content of any type to the Public Areas (or through the e-mail address(es) listed on our “Contact” page) 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.
It is your sole responsibility to: (a) control the dissemination and use of sign-in name, screen name and passwords; (b) authorize, monitor, and control access to and use of your The Body Benefits account and password; and (c) promptly inform The Body Benefits if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password.
Links to Other Sites
The Body Benefits may provide links to third-party web sites. These links should not be construed as a recommendation or endorsement by The Body Benefits of the content on any third-party web sites. The Body Benefits is not responsible for the content of linked third-party sites, sites framed within this Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions for such sites. The Body Benefits does not endorse any product, service, or treatment advertised on this Site. Some web sites employ automated search results or otherwise link you to web sites containing information that may be deemed inappropriate or offensive; we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party websites, and you hereby irrevocably waive any claim against us with respect to such websites.
Disclaimers; Liability of The Body Benefits
When using this Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of The Body Benefits. Accordingly, The Body Benefits, Katy Craner and/or Lauren Schwitters, assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Site.
THE BODY BENEFITS, KATY CRANER AND/OR LAUREN SCHWITTERS, AND ANY SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, The Body Benefits, Katy Craner and/or Lauren Schwitters, and its suppliers make no representations or warranties about the following: The accuracy, reliability, completeness, current-ness, or timeliness of the Content, text, graphics, links, or communications provided on or through the use of this Site or The Body Benefits.
In no event shall The Body Benefits (or Katy Craner and/or Lauren Schwitters) be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use this Site, the Content and/or the Public Areas, regardless of whether based on warranty, contract, tort, or any other legal theory, whether or not The Body Benefits, its licensors, its suppliers, or any third parties mentioned on this Site are advised of the possibility of such damages. Any claims arising in connection with your use of this Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law. Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through this Site.
You agree to defend, indemnify, and hold The Body Benefits, Katy Craner and/or Lauren Schwitters, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease your use of this Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of this Site with or without notice. As stated above, you agree that any termination of your access to this Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to this Site.
The Body Benefits is based in Phoenix, Arizona in the United States of America with principal offices in Phoenix, Arizona. The Body Benefits makes no claims that The Body Benefits, this Site and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from this Site to either a foreign national or a foreign destination in violation of such laws.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Indemnity, Jurisdiction, and Complete Agreement.
Your use of this Site constitutes a willingness to submit yourself to the jurisdiction and laws of the state of Arizona, and any alleged claims or causes of action shall be exclusively litigated within the state of Arizona. Any attempts to bring a claim in any other state shall be immediately dismissed, with your consent, as a result of your use of this Site.
Except as expressly provided in a particular “legal notice” on this Site, these Terms and Conditions constitute the entire agreement between you and The Body Benefits with respect to the use of this Site, the Content and the Public Areas. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.