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Terms of Service

 

Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

1. Agreement: This Term of Use agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of the MY BODY Fitness website (the “Site”) and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by MY BODY Fitness upon posting of the modified Agreement. Any such modifications will be effective immediately. You can view the most recent version of these terms at any time at http://www.mybodyfitness.com/terms. Each use by you constitutes your unconditional acceptance of this Agreement.

2. Privacy Policy: Your visit to the Site is also governed by our Privacy Policy. Please review our Privacy Policy at http://www.mybodyfitness/privacy-policy.

3. Ownership: All content included on this Site is and will continue to be the property of MY BODY Fitness or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

4. Intended Audience: This website is intended for adults only. This website is not intended for any children under the age of 13.

5. Trademarks: MY BODY Fitness™ and other product and company names mentioned on this Site may be trademarks of their respective owners.

6. Site Use: MY BODY Fitness grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this website is at the discretion of MY BODY Fitness and MY BODY Fitness may terminate your use of this website at any time.

7. Submissions: You grant to MY BODY Fitness a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to MY BODY Fitness through the Site (hereinafter, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that MY BODY Fitness will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future MY BODY Fitness operations or business.

8. Use of Communication Services: The Site may allow you to post comments and other communications, along with forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with the Site, or cause to be posted, sent, submitted, published or transmitted, any material that:

a. you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);

b. advocates illegal activity, discusses an intent to commit an illegal act or violates any law;

c. is vulgar, obscene, pornographic, or indecent;

d. threatens or abuses others;

e. is libelous or defamatory towards others;

f. is racist, abusive, harassing, threatening or offensive;

g. seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;

h. harvests or otherwise collects information about others, including e-mail addresses, without their consent;

i. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;

j. falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);

k. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Services;

l. solicits funds, advertisers or sponsors for any purpose;

m. includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;

n. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via the Site;

o. amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;

p. disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Site or any networks connected to the Site; or

q. contains hyperlinks to other sites that contain content that falls within the scope of this Section.

You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither MY BODY Fitness nor any third party that provides content to MY BODY Fitness will assume or have any liability for any action made by MY BODY Fitness or such third party with respect to any submission.

9. Compliance With Laws:You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

10. Indemnification: You agree to indemnify, defend and hold MY BODY Fitness and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

11. DISCLAIMER. THE INFORMATION ON THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. TCT DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE IS TO DISCONTINUE USING THE SITE.

Additionally, the information contained on the Site (the “Content”) is intended strictly for research and informational purposes only. It does not, in any way, establish a provider/patient relationship with any individual and does not constitute medical advice, directives, or care.

YOU SHOULD SPEAK WITH YOUR PERSONAL HEALTH CARE PROVIDER BEFORE MAKING ANY CHANGES IN YOUR MEDICAL TREATMENT AND FOLLOW THEIR INSTRUCTIONS FOR CARE.

The information provided by MY BODY Fitness is publicly available and cannot be considered complete nor is it intended to diagnose, or direct treatment for, any medical condition. The content MUST NOT BE USED to substitute a medical exam, and/or management of any health issue by a qualified medical provider.

12. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES WILL MY BODY FITNESS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ITS CONTENT IS TO CEASE ALL OF YOUR SITE USE. 

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

13. Use of Information: MY BODY Fitness reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

14. Copyrights and Copyright Agent: If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:

By Mail:

2608 Long Prairie Road #201
Flower Mound, TX 75022

By Phone: (469) 444-0960

By E-mail: info@mybodyfitness.com

15. Governing Law; Venue; Actions: If there is any dispute about or involving the Site or the Terms of Use, you agree that any dispute will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Denton County, Texas.

16. Severability: If any provision of this Agreement is judged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

17. Waiver: The failure of MY BODY Fitness to exercise or enforce any right or provision of this Agreement is not a waiver of such right or provision. Any waiver of this Agreement by MY BODY Fitness must be in writing and signed by an authorized representative of MY BODY Fitness.

18. Termination: MY BODY Fitness may terminate this Agreement at any time, with or without notice, for any reason.

19. Relationship of the Parties: Nothing contained in this Agreement or your use of the Site will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.

20. Entire Agreement. This Terms of Use constitutes the entire agreement between you and MY BODY Fitness and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MY BODY Fitness with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. MY BODY Fitness may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of the Site after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

21. Contact Information: Visit http://mybodyfitness.com/contact-us/ to contact us, or dial our toll-free number at (469) 444-0960.