Terms of Use
Fixyourbody.com and ALL of its
content products are the sole property of The Body Fix, L.L.C.
A) Services and Conditions of Use:
Fixyourbody.com provides its service to you,
subject to the following Terms of Service ("TOS"), which may be
updated by Fixyourbody.com
at any time without notice to you. In addition, when using
services with Fixyourbody.com, you and
Fixyourbody.com shall be subject to any posted
guidelines or rules applicable to such services, which may be posted at any time. All such guidelines or rules are hereby incorporated by reference into
the TOS. As part of our service, Fixyourbody.com agrees to
provide you with information and consumer opportunities that Fixyourbody.com may decide to offer, subject to the
terms of this Agreement. Fixyourbody.com may
modify this Agreement at any time. You agree and continue to agree to use Fixyourbody.com services in a manner consistent with all applicable laws and
regulations and in accordance with the terms and conditions set out in the
policies and guidelines outlined below. Please note that you will be referred to
as "Customer" from time to time in this Agreement.
B) Content
All of the contents of this web site
are protected under laws of the State of Oregon. The product(s) purchased
from The Body Fix™,
L.L.C. are only licensed to the original purchaser. ANY
re-production or re-distribution of these products is strictly illegal.
Any person or persons who re-distribute the information purchased from
this web site are subject to all fines and penalties as well as full
prosecution under state laws for the state of Oregon and Federal laws of
The United States of America which reside in the state of Oregon. Such person or persons become fully liable
for all actions, which may occur from the use of the re-distributed
product. Copyrighted material, including without
limitation text, photographs, sound, video and
music, may not be placed on the Service without the
express permission of the author or owner of the
copyright on the material. Customer acknowledges
that only the owner or someone authorized by the
owner to post the material may do so. Downloading of
copyrighted material is allowed only for Customers'
own use. Customers may not copy, reproduce,
retransmit, distribute, publish, commercially
exploit or otherwise transfer any copyrighted
material. The burden of determining that any
information, software or any other content on the
Service is not protected by copyright rests with the
Customer. Customer acknowledges that Fixyourbody.com and/or
third party content providers remain the owners of
the posted materials, and that Customer does not
acquire any of those ownership rights by downloading
copyrighted materials.
C) Disputes
All disputes resulting from a breach of these TOS or any dispute
involving Fixyourbody.com
are subject to decision by laws which govern the State of Oregon and will be
resolved in courts which reside in the State of Oregon, at the state or federal
level.
C) Billing and Charges
Customer agrees to pay all charges to Customer's account, including applicable
taxes, in accordance with billing terms in effect at the time the fee or charge
becomes payable. Fixyourbody.com reserves the right to change the amount of, or basis
for determining, any fees or charges for the Service, and to institute new fees
or charges effective upon prior notice to Customers. Customer must provide Fixyourbody.com with valid credit card information.
D) Limitation of Liability
CUSTOMER AGREES THAT USE OF PURCHASED PRODUCTS AND SERVICES
FROM Fixyourbody.com
IS ENTIRELY
AT CUSTOMER'S OWN RISK. Fixyourbody.com SERVICES ARE
PROVIDED "AS IS," WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES,
UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH
OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, Fixyourbody.com DISCLAIMS
ANY AND ALL WARRANTIES.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER
SPECIFICALLY ACKNOWLEDGES THAT Fixyourbody.com IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH CUSTOMER.
NEITHER Fixyourbody.com NOR ANY OF ITS AGENTS,
AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE
SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE
SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.
CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT AND PRODUCTS
PURCHASED ON THE
SERVICE.
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