TERMS OF SERVICE,
These Terms of Service are an agreement between Body Conceptions by Mahri, Ltd. (“Body Conceptions,” “we”) and you, a user of our web site(s), mobile appli-cation, software and services (“Web Site”), as may be made available at https://bodyconceptions.intelivideo.com/, http://www.bodyconceptions.com/ and elsewhere. Please read this agreement carefully. By using our Web Site and its services, you agree to be bound by these Terms of Service as well as our Priva-cy Policy (https://bodyconceptions.intelivideo.com/page/privacy/). Any new fea-tures of our Web Site, including updates, upgrades, or new services, shall also be subject to these Terms of Service. In addition, some parts of our Web Site or services offered through our Web Site may be subject to additional terms and conditions that we publish from time to time. Your use of the Web Site or services is subject to those additional terms and conditions.
THESE TERMS OF SERVICE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEB SITE. BY ACCESSING, OR USING THE WEB SITE, YOU ARE ACCEPTING THESE TERMS AND YOU REPRE-SENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CA-PACITY TO ENTER INTO THIS AGREEMENT. FURTHERMORE, YOU MAY NOT ACCESS OR USE THE WEB SITE OR AC-CEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE WEB SITE.
You need to be healthy to participate in and should consult with a physician be-fore beginning a new fitness program. You understand that physical exercise car-ries the risk of injury, physical or mental. You are solely responsible for exercis-ing within your limits and seeking medical advice and attention as appropriate. If at any point during a workout you begin to feel faint, dizzy, or have physical dis-comfort, stop exercising immediately. The Content on this Web Site is intended solely for educational and entertainment purposes and may not be used as a substitute for professional advice and/or information, as circumstances will vary from person to person. NOTHING STATED OR POSTED ON THE WEB SITE OR IN THE CONTENT ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, MEDICAL OR PROFESSIONAL ADVICE, IT IS NOT SUBSTITUTE FOR MEDICAL OR PRO-FESSIONAL ADVICE. WE ARE NOT RESPONSIBLE FOR ANY INJURIES THAT RESULT FROM YOUR PARTICIPATION IN THE ACTIVITIES SHOWN IN OUR CONTENT. YOU PARTICIPATE AND USE THE CONTENT SOLELY AT YOUR OWN RISK. YOU EXPRESSLY WAIVE AND RELEASE ANY CLAIM THAT YOU MAY HAVE AT ANY TIME FOR INJURY OF ANY KIND AGAINST BODY CONCEPTIONS, OR ANY PERSON OR ENTITY INVOLVED WITH BODY CONCEPTIONS, INCLUD-ING WITHOUT LIMITATION ITS DIRECTORS, PRINCIPALS, INSTRUCTORS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES AND REPRESENTATIVES.
Our Content; Proprietary Rights,
If the Web Site contains links to other sites and resources provided by third par-ties, these links are provided for your convenience only. This includes links con-tained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, do not endorse them, and accept no responsibility for them or for any loss or damage that may arise from your use or access of them. If you decide to access any of the third party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
If you choose to purchase a product or service offered on our Web Site, you will be asked to create an account and will be prompted to create your own unique user name and password. You must keep your account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthor-ized use of your password or account. You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal pro-cess or to enforce these Terms. We reserve the right to terminate your account at any time, in our sole discretion, for any reason.
Eligibility; Age Restriction,
Our web site may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our Web Site only in conjunction with and un-der the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the supervising adult is responsible for any and all activities con-ducted on or through our Web Site. You represent and warrant that you are at least 18 years old, or that you are using our Web Site under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of our Web Site to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Web Site is revoked in such jurisdictions.
Payment Processing; Order Fulfillment,
Our Web Site is hosted by Intelivideo, which also assists in the processing of our orders. When you input your credit card information as payment for an order, In-telivideo directly and securely transmits that information to its third party payment processor, who verifies the credit card and remits the payment to us. Neither we, nor Intelivideo, ever store your credit card image or number. Sales and use tax-es, as applicable by law, will be based on your location and our location and, purchase prices are inclusive of taxes. You will be responsible for paying any ap-plicable taxes relating to your payments and will indemnify and hold harmless Body Conceptions and Intelivideo from your failure to pay any and all taxes, in-cluding sales tax, based incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for such determi-nation. Intelivideo also fulfills all orders for digitally distributed content by making that content available for viewing. It will inform you of the device and system require-ments for accessing this content. You are responsible for completing the digital download, and for all risk of loss of the content after download. You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available band-width. While we strive to provide a high quality viewing experience, neither we, nor Intelivideo, make any guarantee as to the resolution or quality of the content. Upon receiving an order for any of our products, Intelivideo will notify us so that we may fulfill the order directly. We are providing this Web Site through In-telivideo, and subject to their Terms & Conditions of Intelivideo, available at https://www.intelivideo.com/terms-of-service.
You may view the Content as it is provided on the website only. You agree not to use or launch any automated system, including without limita-tion, “robots,” “spiders,” or “offline readers,” that accesses our Web Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a con-ventional online web browser. You agree to comply with all applicable laws in your use of our Web Site.
You shall not: • probe, scan, or test the vulnerability of any system or network; • breach or otherwise circumvent any security or authentication measures; • access, tamper with, or use non-public areas or parts of the Web Site or Content, or shared areas of the Web Site or Content you have not been invited to; • interfere with or disrupt any user, host, or network, for example by send-ing a virus, overloading, flooding, spamming, or mail-bombing any part of the Web Site and Content; • attempt to, or circumvent any protections used in connection with the Content on the Web Site, download, in whole or in part any Content pro-vided on the Web Site; • modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the web site; • remove any copyright, trademark or other proprietary rights notices con-tained in or displayed on any portion of the web site or any content; • “frame” or “mirror” any portion of the web site, or link to any material other than via the homepage of the URL located at https://bodyconceptions.intelivideo.com/ or the URLs provided by us to you for such purposes, without our prior written authorization; • use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the web site; or • harvest or collect information about or from users of the web site without their express consent and, if such consent is provided, only pursuant to applicable law, including “scraping,” which we do not allow.
Reporting Copyright Infringement,
If you are a copyright owner, or are authorized to act on behalf of one, please re-port alleged copyright infringements taking place on or through our web site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. In accordance with the Digital Millennium Copy-right Act of 1998, we will respond expeditiously to these allegations and take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the web site. The DMCA Notice of Alleged Infringement shall: 1. Identify the copyrighted work that you claim has been infringed. 2. Identify the material you claim is infringing and that is to be removed or dis-abled and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the web site where such material may be found. 3. Provide your mailing address, telephone number, and, if available, email address. 4. Include both of the following statements in the body of the notice: • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not author-ized by the copyright owner, its agent, or the law (e.g., as a fair use).” • “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.” 5. Provide your full legal name and your electronic or physical signature.
Deliver this notice, with all items completed, to our Designated Copyright Agent at:,
Body Conceptions by Mahri Ltd 5009 Broadway, #209, New York, NY 10034 Email: firstname.lastname@example.org
OUR CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILA-BLE.” WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IM-PLIED OR STATUTORY, WITH RESPECT TO OUR WEB SITE OR, SER-VICES, WITHOUT LIMITATION, ANY WARRANTIES OF INFRINGEMENT, TI-TLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY WARRANTIES THAT THE WEB SITE WILL BE UNIN-TERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEB SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEB SITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COM-PUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRI-ETARY MATERIAL DUE TO YOUR USE OF THE WEB SITE OR ITEMS OB-TAINED THROUGH THE WEB SITE OR TO YOUR ACCESSING OF ANY MA-TERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEB SITE AT ANYTIME WITH-OUT NOTICE.
Limitation of Liability,
IN NO EVENT WILL BODY CONCEPTIONS, ITS AFFILIATES OR THEIR LI-CENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INA-BILITY TO USE, THE WEB SITE, ANY WEBSITES LINKED TO IT, ANY CON-TENT ON THE WEB SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB SITE OR SUCH OTHER WEB-SITES, INCLUDING ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCI-DENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOW-EVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLI-GENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR WEB SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEB SITE OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) $100.
You agree to defend, indemnify and hold harmless Body Conceptions and its of-ficers, directors, employees and agents from and against any and all claims, ac-tions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of any breach by you of any of these Terms or your violation of any law or the rights of a third party.
These Terms shall take effect on the date you first access or use our Web Site and accept them, and shall continue until terminated in accordance with these Terms. You agree that we may, in our sole discretion, suspend, block, or termi-nate your access to all or part of our Web Site and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be re-ferred to appropriate law enforcement authorities.
Governing Law; Jurisdiction,
These Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) are governed by the laws of New York, without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms shall be instituted in any state court in Manhattan, New York or federal court in Manhattan, New York. Each party agrees to submit to the jurisdiction of, and agrees that the venue is proper in such courts in any such legal action or proceeding.
We reserve the right to make changes to these Terms at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review the-se Terms periodically to familiarize yourself with any modifications. Your contin-ued use of our Web Site will require your acceptance of the amended Terms. By continuing to access and use our Web Site after those changes become effec-tive, you consent and agree to be bound by the revised Terms.
These Terms of Service are effective as of January 25, 2017.,