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Terms and Conditions
Welcome to BodySolidOnline.com's website (the "Site").
The Site, as well as the websites of our affiliates and subsidiaries, are currently
being provided free-of-charge to you. The terms "you", "your",
and "yours" refer to the customer/purchaser utilizing our Site(s).
The terms "BodySolidOnline.com", "we", "us",
and "our" refer to BodySolidOnline.com, Inc., and its affiliates,
and subsidiaries. We reserve the right to change the nature of this relationship
at any time and to revise these Terms and Conditions from time to time as we
see fit. If you violate the terms of this Agreement you will have your access
canceled and you may be permanently banned from using the Site and any interactive
services. You should check these terms and conditions periodically. By using
the Site after we post changes to these Terms and Conditions, you agree to accept
those changes, whether or not you actually reviewed them.
Entering the Site will constitute your acceptance of these Terms and Conditions.
If you do not agree to abide by these terms, please do not enter the Site.
We do not discriminate on the basis of age, race, national origin, gender, sexual
orientation or religion.
Privacy
Please review our Privacy and Security Statement, which also governs your visit
to the Site, to understand our practices.
Copyright
You acknowledge that the Site contains information, data, software, photographs,
graphs, videos, typefaces, graphics, music, sounds, and other material (collectively
"Content") that are protected by copyrights, trademarks, trade secrets,
or other proprietary rights, and that these rights are valid and protected in
all forms, media and technologies existing now or hereinafter developed. All
Content is copyrighted as a collective work under the U.S. copyright laws, and
we own a copyright in the selection, coordination, arrangement, and enhancement
of such Content. 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. If no specific
restrictions are displayed, you may make copies of select portions of the Content,
provided that the copies are made only for your personal use and that you maintain
any notices contained in the Content, such as all copyright notices, trademark
legends, or other proprietary rights notices. Except as provided in the preceding
sentence or as permitted by the fair use privilege under the U.S. copyright
laws (see, e.g., 17 U.S.C. Section 107), 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 propriety
right.
Nothing contained on the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use the Site or any information
displayed on the Site, through the use of framing or otherwise, except: (a)
as expressly permitted by these Terms and Conditions; or (b) with our prior
written permission or the prior written permission from such third party that
may own the trademark or copyright of information displayed on the Site.
Intellectual Property Infringement
BodySolidOnline.com relies upon a network of independent Associates and
vendors who supply some of the goods advertised on the site and, in some cases,
drop ship them directly to our customers. BodySolidOnline.com is not liable
for any infringement of copyrights, trademarks, trade dress or other proprietary
or intellectual property rights arising out of Content posted on or transmitted
through the Site, or items advertised on the Site, by its Associates. If you
believe that your rights under United States or international copyright laws
are being violated by any Content posted on or transmitted through the Site,
or items advertised on the Site, please contact us promptly so that we may investigate
the situation and, if appropriate, block or remove the offending Content and/or
advertisements. It is our policy to disable access to infringing materials,
and to terminate access of repeat infringers to the Site. In order for us to
investigate your claim of infringement, you must provide us with the following
information:
1. An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that
you believe has been infringed;
3. A description of where the material that you claim is infringing is located
or identified on the Site; Your name, address, telephone number, and e-mail
address;
4. A statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright or intellectual property owner, its agent,
or the law; and
5. A statement by you, made under penalty of perjury, that the information submitted
to us is accurate and that you are the owner of the copyright or intellectual
property or authorized to act on behalf of the owner of the copyright or intellectual
property.
The above information should be provided to BodySolidOnline.com's agent for notice
of claims of copyright or other intellectual property infringement, who can
be reached as follows:
By mail:
BodySolidOnline.com
21006 Devonshire St, Ste 210
Chatsworth, CA 91311
By phone:
(800) 706-3111
By e-mail:
copyright@BodySolidOnline.com
Site access
You may not download (other than page caching) or modify the Site or any portion
of it, without our express, written consent. This includes: a prohibition on
any resale or commercial use of the Site or its contents; any collection and
use of any product listings, descriptions, or prices; any derivative use of
the Site or its contents; any downloading or copying of account information
for the benefit of another merchant; and any use of data mining, robots, or
similar data gathering and extraction tools. The Site or any portion of the
Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without our express, written consent. You
may not frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page layout, or form)
of BodySolidOnline.com or its affiliates without our express, written consent.
You may not use any meta tags or any other "hidden text" utilizing
our name or trademarks without our express, written consent.
Links
We are not responsible for the content of any sites that may be linked to or
from www.TheBodySolidOnline.com, or any bulletin board associated with BodySolidOnline.com.
These links are provided for your convenience only and you access them at your
own risk. Any other website accessed from the Site are independent from BodySolidOnline.com,
and BodySolidOnline.com has no control over the content of that other website.
In addition, a link to any other web site does not imply that BodySolidOnline.com
endorses or accepts any responsibility for the content or use of such other
website.
In no event shall any reference to any third party or third party product or
service be construed as an approval or endorsement by BodySolidOnline.com of that
third party or of any product or service provided by a third party.
Disclaimers and limitations of liability
The Site is provided on an "AS IS," "as available" basis.
Neither BodySolidOnline.com, nor its affiliates, subsidiaries, or designees, nor
each of their respective officers, directors, employees, agents, third-party
content providers, designers, contractors, distributors, merchants, sponsors,
licensors or the like (collectively, "Associates") warrant that use
of the Site will be uninterrupted or error-free. Neither BodySolidOnline.com, nor
its Associates warrant the accuracy, integrity, or completeness of the Content
provided on the Site or the products or services offered for sale on the Site.
Further, we make no representation that Content provided on the Site is applicable
or appropriate for use in locations outside of the United States. BodySolidOnline.com
specifically disclaims warranties of any kind, either expressed or implied,
including but not limited to warranties of title or implied warranties of merchantability
or fitness for a particular purpose. No oral advice or written information given
by BodySolidOnline.com or its Associates shall create a warranty. You expressly
agree that the use of the Site is at your sole risk.
Under no circumstances shall BodySolidOnline.com or its Associates be liable for
any direct, indirect, incidental, special, or consequential damages that result
from the use of or inability to use the Site, including but not limited to reliance
by a user on any information obtained at the Site, or that result from mistakes,
omissions, interruptions, deletion of files or e-mail, errors, defects, viruses,
delays in operation or transmission, or any failure of performance, whether
or not resulting from acts of God, communications failure, theft, destruction
or unauthorized access to BodySolidOnline.com records, programs or services. The
foregoing limitation of liability shall apply whether in an action of contract,
negligence, or other tortious action, even if an authorized representative of
BodySolidOnline.com has been advised of or should have knowledge of the possibility
of such damages. You hereby acknowledge that this paragraph shall apply to all
content, merchandise and services available through the Site. 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.
Prices and availability of products on the Site are subject to change without
notice. Errors will be corrected when discovered, and we reserve the right to
revoke any stated offer and to correct any errors, inaccuracies, or omissions
(including after an order has been submitted).
Although we take steps to ensure the accuracy and completeness of product and
third-party services that are posted on the Site, please refer to the manufacturer
or Associates for details.
Online conduct
You agree to use BodySolidOnline.com only for lawful purposes. You are prohibited
from posting on or transmitting through BodySolidOnline.com any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit,
profane, hateful, racially, ethnically, or otherwise objectionable material
of any kind, including but not limited to any material that encourages conduct
that would constitute a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, national, or international law. If we are
notified of allegedly infringing, defamatory, damaging, illegal, or offensive
Content provided by you (e.g., through an author chat or online review), BodySolidOnline.com
may investigate the allegation and determine in its sole discretion whether
to remove or request the removal of such Content from the Site. We may disclose
any Content or electronic communication of any kind (i) to satisfy any law,
regulation, or government request; (ii) if such disclosure is necessary or appropriate
to operate BodySolidOnline.com; or (iii) to protect the rights or property of BodySolidOnline.com,
its Associates, and you.
We reserve the right to prohibit conduct, communication, or Content that it
deems in its sole discretion to be unlawful or harmful to you, BodySolidOnline.com,
the communities that make up BodySolidOnline.com, or any rights of BodySolidOnline.com
or any third party. Notwithstanding the foregoing, neither BodySolidOnline.com
nor its Associates can ensure prompt removal of questionable Content after online
posting. Accordingly, neither BodySolidOnline.com, nor its affiliates, nor any
of their officers, directors, employees, or agents, nor Associates assumes any
liability for any action or inaction with respect to conduct, communication,
or Content on BodySolidOnline.com.
Termination of usage
We may terminate your access or suspend your right to access to all or part
of the Site, without notice, for any conduct that we, in our sole discretion,
believe is in violation of any applicable law or is harmful to the interests
of another user, Associates, or BodySolidOnline.com. In addition, we reserve the
right to refuse an order from any customer at our sole discretion.
Usage by children under 18
We cannot prohibit minors from visiting the Site. We must rely on parents, guardians
and those responsible for supervising children under 18 to decide which materials
are appropriate for such children to view and/or purchase.
We require that all purchases be made either (i) by individuals 18 years of
age or older, or (ii) by minors with the permission of their parent or guardian
for such minors to purchase items on the Site and for the collection by us of
certain information in accordance with the terms of our privacy policy. EACH
TIME YOU PURCHASE A PRODUCT AT BodySolidOnline.com, YOU ARE REPRESENTING TO BodySolidOnline.com
THAT YOU ARE EITHER AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR THAT YOU HAVE
THE EXPRESS PERMISSION OF A PARENT OR GUARDIAN FOR YOU TO MAKE PURCHASES AND
FOR US TO COLLECT CERTAIN INFORMATION ABOUT YOU IN ACCORDANCE WITH THE TERMS
OF OUR PRIVACY POLICY.
Applicable law
By visiting the Site, you agree that the laws of the State of California, 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 BodySolidOnline.com
or its affiliates and subsidiaries.
Disputes
Any dispute relating in any way to your visit to the Site or to products you
purchase through the Site shall be submitted to confidential arbitration in
Los Angeles, California, except that, to the extent you have in any manner violated
or threatened to violate BodySolidOnline.com's intellectual property rights, BodySolidOnline.com
may seek injunctive or other appropriate relief in any state or federal court
in the State of California, and you consent to exclusive jurisdiction and venue
in such courts. Arbitration under this Agreement shall be conducted under the
rules then prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other party
subject to this Agreement, whether through class arbitration proceedings or
otherwise.
Site policies, modification and severability
Please review our other policies, such as our Privacy and Security Policy, posted
on the Site. These policies also govern your visit to BodySolidOnline.com. We reserve
the right to make changes to the Site, policies, and these Terms and Conditions
at any time. If any of these conditions shall be deemed invalid, void, or for
any reason unenforceable, that condition shall be deemed severable and shall
not affect the validity and enforceability of any remaining condition.
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