March 9, 2021
OWNERSHIP, INTELLECTUAL PROPERTY AND LINKS
CONTENT, MARKS AND COPYRIGHTS
The Site and all Content are copyrighted and such copyrights are owned by BODYWELL USA, Inc. or the author of such Content. You are granted a non-exclusive, limited license to view, print, and/or distribute Content in hard copy from the Site purposely made available by BODYWELL USA, Inc. for downloading from the Site (such as data sheets, articles, and similar materials), provided that You (a) include BODYWELL USA, Inc. copyright notice on such Content as follows: “Copyright BODYWELL USA, Inc. All rights reserved”; (b) not remove any proprietary notice language in all copies of such documents; (c) do not copy or post such information on any network, website or broadcast it in any media; (d) not use the Content for any purpose contrary to BODYWELL USA, Inc. commercial interests; (e) do not modify, alter, or create derivative works of, the Content, and (f) do not make any additional representations or warranties relating to such Content.
This limited license may be revoked at any time at the sole discretion of BODYWELL USA, Inc.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any BODYWELL USA, Inc. server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You agree not to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. BODYWELL USA, Inc. reserves the right to bar any such activity.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Site, may require You to enter a username and password. You are entirely responsible for maintaining the confidentiality of the information You hold for Your account, including Your password, and for any and all activity that occurs under Your account as a result of Your failing to keep this information secure and confidential. You agree to notify BODYWELL USA, Inc. immediately of any unauthorized use of Your account or password, or any other breach of security. You shall exercise Your best efforts to maintain the security of Your account information. If You become aware that the security of Your username, password, or account has been compromised, then You shall immediately notify BODYWELL USA, Inc. of the security risk.
You may not use anyone else’s username, password or account at any time without the express permission and consent of such holder. BODYWELL USA, Inc. cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations. You acknowledge and agree BODYWELL USA, Inc. is not liable for any damages resulting from any other parties’ use or access of Your account regardless of whether other parties use or access is with or without the account holder’s knowledge or consent. An account holder may end authorization by administrating the user through the Site or by providing notice to firstname.lastname@example.org. Such notice will be effective upon confirmation by BODYWELL USA, Inc., via email, of receipt.
LINKS TO THIRD-PARTY SITES
The Site may contain links to third-party sites. Such linked sites are not under BODYWELL USA, Inc. control and You acknowledge and agree that BODYWELL USA, Inc. is not responsible or liable for the content, information, services, or products of such third-party sites. You expressly assume all risk of accessing third-party sites. Links to a third-party site do not constitute endorsement of that site by BODYWELL USA, Inc. You will need to make Your own independent judgment regarding Your interaction with these linked sites.
PURCHASES; OTHER TERMS AND CONDITIONS
We accept the following forms of payment: Visa, MasterCard, American Express, PayPal.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
DISCLAIMER OF WARRANTIES
BODYWELL USA, Inc. MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS SITE.
BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. BODYWELL USA, Inc. DOES NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU USE THE SERVICES OR ANY RELATED THIRD-PARTY SERVICES AT YOUR OWN RISK.
LIMITATION OF LIABILITY
BODYWELL USA, Inc. SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS ARISING OUT OF BODYWELL USA, Inc. SERVICES PROVIDED HEREUNDER.
You agree to indemnify and hold BODYWELL USA, Inc. , its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against BODYWELL USA, Inc. by any third party due to or arising out of, relating to, or in connection with: (a) Your use of the Site, and (b) use of the Marks.
If You are the federal government or a federal government agency in the United States, terms relating to indemnification do not apply except to the extent expressly authorized by federal law. If You are a state government or state government agency in the United States, terms relating to indemnification will apply to You only to the extent expressly permitted by your jurisdiction’s laws. If You are a local government or local government agency in the United States, terms relating to indemnification will apply to You only to the extent permitted by your jurisdiction’s laws.
BODYWELL USA, Inc. shall not be liable for interruptions, delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof caused or occasioned by, or due to fire, flood, water, earthquake, the elements, acts of God, war and threat of imminent war, terrorism, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond the either parties’ reasonable control.
COMPLIANCE WITH LAW INCLUDING EXPORT CONTROL
You agree to use the Site in strict compliance with all applicable laws, rulings and regulations You shall take no actions which would cause BODYWELL USA, Inc. to be in violation of any laws, rulings or regulations applicable to BODYWELL USA, Inc.
GOVERNING LAW; JURISDICTION AND VENUE
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida (excluding choice of law).
QUESTIONS, COMMENTS & COMPLAINTS