The Body Bliss website located at www.Body Bliss.com (the “Site”) is owned and operated by Body Bliss (collectively, “Body Bliss,” “we,” “our,” the “Company,” or “us”). Each end-user (“User,” “you” or “your”) agrees to the following Body Bliss Website Terms and Conditions (“Terms and Conditions” of the “Agreement”), in their entirety, when the User: (a) accesses or uses the Site; (b) accesses and/or views any of the blog posts (“Blog Posts”), videos, audio, stories, testimonials, text, photographs, graphics, artwork and/or other content featured on the Site, as made available by Body Bliss (collectively, the “Content”); (c) accesses links to Body Bliss’s™ social media pages/accounts on third party social media websites, such as Facebook, Google+, Pinterest and Twitter (collectively, “Social Media Pages”); (d) utilizes the contact form and/or other functionality as a means to request being contacted by Body Bliss (collectively, “Contact Services”); (e) accesses the comments sections associated with the Blog Posts and/or other interactive features made available on the Site (“Interactive Services”); and/or (f) purchases any of the lotions, oils, soaps, candles, shampoos, nail care products, or health, beauty and wellness items, and any other products that may be made available by and through the Site (collectively, the “Products” and together with the Site, Content, Social Media Pages, Contact Services and Interactive Services, the “Body Bliss Offerings”).
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE TO THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO ACCESS, DOWNLOAD AND/OR USE, AS APPLICABLE, THE BODY BLISS OFFERINGS IN ANY MANNER OR FORM. BY CONTINUING TO USE THE SITE, PURCHASING PRODUCT, OR OTHERWISE USING ANY SERVICE OFFERED BY BODY BLISS, YOU AGREE TO THESE TERMS.
You acknowledge and understand that the Products (and associated Content) have not been evaluated by the US Food & Drug Administration (“FDA”). The Content, Blog Posts, and other material made available by and through the Body Bliss Offerings: (a) are not intended to diagnose, treat, cure or prevent any medical condition or disease; (b) are not in any way intended as medical advice or as a substitute for medical advice and/or medical treatment; and (c) should only be used in conjunction with the guidance and care of your physician.
You should always consult with your physician or other healthcare professional before utilizing any Products and/or adopting any treatment for a health problem, whether offered by and through the Body Bliss Offerings or otherwise. Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate. If you have or suspect that you have a medical problem, promptly contact your health care provider or emergency medical personnel. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with any other Body Bliss Offerings.
Without limiting the foregoing, the Products may include ingredients that you are allergic to. You should always check the ingredients in any Product to avoid potential allergic reactions. If you have or suspect that you are experiencing an allergic reaction or other adverse health event, promptly contact your health care provider or emergency medical personnel.
Scope and Modification of Agreement
The Agreement constitutes the entire and only agreement between Users and Body Bliss with respect to Users’ use of the Body Bliss Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you, and such amended Terms and Conditions are effective upon our posting of such updated Terms and Conditions on our Site; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Body Bliss Offerings. By your continued use of any of the Body Bliss Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
Requirements and Age Limitations
The Body Bliss Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Body Bliss Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). If a User is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) and/or if that User is unable to enter into legally binding contracts under applicable law, that User does not have permission to use and/or access the Body Bliss Offerings.
Accessing the Site
You are responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Body Bliss Offerings. Body Bliss does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Body Bliss does not guarantee that the Body Bliss Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; and/or (d) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Body Bliss Offerings through your wireless device. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them. You are fully responsible for all such charges and Body Bliss has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
In connection with completing the Site registration process, and in connection with your use of certain Body Bliss Offerings, Body Bliss will collect: (i) your full name; (ii) your e-mail address; (iii) your billing/mailing address; (iv) your telephone number; (v) your credit card information (where you wish to purchase Products); (vi) your company name, if any; and/or (vii) any other information requested on the applicable form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete (or if the Registration Data becomes untrue, inaccurate, not current or incomplete), or Body Bliss has reasonable grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, Body Bliss has the right to suspend or terminate your account and refuse any and all current or future use of the Body Bliss Offerings (or any portion thereof).
You are responsible for maintaining the confidentiality of your account information and password, and for restricting access to your account. You agree to accept responsibility for all activities that occur by and through your account or password, including any purchases made there through. We strongly recommend that you exit from your account at the end of each session. You agree to notify Body Bliss immediately of any unauthorized use of your account or any other breach of security.
Termination of Access.
Body Bliss may terminate a User’s access to the Body Bliss Offerings at any time and for any reason, in its sole and absolute discretion. Such reasons may include, without limitation, where Body Bliss believes that such User is: (i) in any way in breach of the Agreement; and/or (ii) engaged in any improper conduct in connection with the Body Bliss Offerings.
Body Bliss attempts to be as accurate as possible when describing its Products. However, Body Bliss does not warrant or guarantee that Product descriptions (or other Content contained on the Site) is/are accurate, complete, reliable, current or error free. We have made every effort to display as accurately as possible the colors of our Products that appear on the Site. However, as the actual colors you see will depend on your monitor/screen and other factors associated with your computer, mobile device or other device used to access the Site, we cannot guarantee that the depiction of any color as viewed by you through your monitor/screen will be accurate.
In the event that a Product is listed at an incorrect price point due to a typographical error or an error in pricing information received from our suppliers, Body Bliss shall have the right to refuse or cancel any orders placed for that Product so listed at the incorrect price. Body Bliss shall have the right to limit the number of items purchased through the Site. Body Bliss shall have the right to refuse or cancel any order whether or not the order has been confirmed and your Active Credit Card (as defined below) charged. If your Active Credit Card has already been charged for the purchase and your order is cancelled, Body Bliss will promptly issue a credit to your Active Credit Card account in the amount of the charge.
You understand and agree that Body Bliss is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or acquire any Products. You understand and agree that Body Bliss shall not be liable to you or any third party for any modification, suspension or discontinuation of any Product, service or promotion offered by Body Bliss. If Body Bliss terminates the Agreement for any reason, Body Bliss shall have no liability or responsibility to you. You understand and agree that refusal to use the Body Bliss Offerings is your sole right and remedy with respect to any dispute with Body Bliss.
The Site contains Content which includes, but is not limited to, regularly updated Blog Posts, a description of Body Bliss’s Products and philosophy, and other materials regarding the Body Bliss Offerings. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.
Purchase of Products
(a) Purchases. Upon completing the applicable form associated with the purchase of the Product(s) that you have added to your shopping cart, and upon providing the requisite Registration Data, the credit card that you provided on the form (“Active Credit Card”) will be charged the applicable purchase price for the Product(s), plus applicable sales tax. You agree to pay the total purchase price at the time of checkout and the Company reserves the right to withhold fulfillment of your order until the purchase price has been paid and received in full. The Company accepts all major credit cards.
(b) Order Processing. Once you fill out the online order form on the Company’s website, your order is encrypted and transmitted to the Company for processing. Orders are typically processed within one business day after the order is placed, however the Company makes no guarantee that orders will be processed within one business day. The Company will use its best efforts to process orders as quickly as possible. An email will be sent to you to confirm your order after it is placed. If you have any questions regarding your order or the processing of your order, please contact us.
(c) International Orders. The Company will accept international orders with some restrictions. The Company reserves the right, at its sole discretion, to restrict orders to countries for any reason, including without limitation any country that the Company deems, in its sole and absolute discretion, as posing a high risk of fraud or other risks to a given transaction.
(d) Delivery. "Delivery by" dates are estimates only and are not guaranteed. Shipping services and rates are subject to change without prior notice. The Company agrees to make reasonable efforts to ensure delivery in accordance with the estimated delivery date selected by you at the time of checkout; however, the Company is not liable for any failure to deliver within such timeframe. The risk of loss and title for any items purchased by you, as described in the checkout window, pass to you upon the Company’s delivery to the shipment carrier.
(e)General. ALL SALES ARE FINAL AND NON-REFUNDABLE. The fees associated with your purchases will appear on your Active Credit Card statement through the identifier “Body Bliss.” All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the Product(s) does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Body Bliss in effect at any given time. Upon reasonable prior notice to you (with Site-updates and/or e-mail sufficing), Body Bliss reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Product(s) after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
(f) Authorization. Body Bliss’s authorization to provide and bill for the Product(s) is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Body Bliss’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
Social Media Pages and Third-Party Websites
The Site contains links to the various Body Bliss Social Media Pages and the Site may include hyperlinks or directions to access content on other third-party websites, applications, or other services that are not under the control of the Company. The Social Media Pages and other third party applications or services are hosted and made available on third party websites (“Third Party Websites”) by third party entities. Your use of Social Media Pages and Third Party Websites shall be governed by those Third Party Websites’ applicable agreements, terms and conditions. You understand and agree that Body Bliss shall not be liable to you, any other User or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Third Party Websites.
(a) Subject to the restrictions contained herein including, without limitation, those contained below, the Interactive Services may allow Users to post comments on Body Bliss blog posts and engage in other interactive communication. In connection with the Interactive Services, each User shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services. Body Bliss reserves the right to prohibit any conduct by Users, or to remove any materials or Feedback posted by Users by and through the Interactive Services, that Body Bliss deems, in its sole and absolute discretion, to be in violation of the Agreement and/or which Body Bliss believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Body Bliss to harm, damage to reputation or liability. Notwithstanding the foregoing, Body Bliss undertakes no responsibility to monitor or otherwise police the actions of Users, Feedback and/or other material posted by Users and/or other third parties. Body Bliss shall have no obligation and incur no liability to such Users in connection with any Feedback. Users may find certain Feedback to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when viewing Feedback. You agree to use the Interactive Services in a manner consistent with, and in full compliance with, any and all applicable laws and regulations. Body Bliss reserves the right in its sole discretion to edit and/or delete any Feedback, documents, information or Content appearing on the Site.
(b) In connection with your use of the Interactive Services and other of the Body Bliss Offerings, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, other Users; (vii) transmit any chain letters, spam or junk e-mail to other Users; (viii) express or imply that any statements that you make are endorsed by Body Bliss, without Body Bliss’s specific prior written consent; (ix) harvest or collect personal information of other Users whether or not for commercial purposes, without their express consent; (x) use any robot, spider, 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 Site and/or the Content; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site or on any materials posted to the Site; (xiii) interfere with or disrupt the Site and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (xvi) “frame” or “mirror” any part of the Site without Body Bliss’s prior written authorization; (xvii) use metatags or code or other devices containing any reference to any Body Bliss Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Body Bliss Offerings or any software used in or in connection with Body Bliss Offerings. Body Bliss reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
Users are solely responsible for their interactions with other Users and third parties featured through the Body Bliss Offerings. Because Body Bliss is not involved in interactions with other Users and third parties, in the event that you have a dispute with one or more Users and/or other third-parties, you hereby release Body Bliss from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
All proprietary content available on any Body Bliss Offerings, including but not limited to videos, text, designs, graphics, data, code, and software, is the property of Body Bliss or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through any of Body Bliss Offerings to anyone. Any copy made of information obtained through the use of Body Bliss’s online applications must include the copyright or other proprietary notices contained on such materials. All software and accompanying documentation or content made available for download from any of Body Bliss’s online applications, is the copyrighted work of Body Bliss or its licensors.
License and Restrictions
Body Bliss expressly reserves all right, title, and interest in the content of its Offerings. Subject to the terms and conditions of this agreement, Body Bliss grants each user a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use its Services, for personal use on any device owned by you. By agreeing to these Terms and Conditions, you agree not to sell, rent, lease, transfer, sublicense, distribute or otherwise make any of Body Bliss’s online applications or resources available to third parties for any reason. You further agree not to: (i) modify, translate, copy, reverse engineer, decompile, disassemble, re-engineer, or otherwise create or attempt to create the source code of Body Bliss’s online resources, or (ii) modify or create derivative works based on Body Bliss’s online resources.
Representations and Warranties
Each User hereby represents and warrants to Body Bliss as follows: (a) the Agreement constitutes such User’s legal, valid and binding obligation which is fully enforceable against such User in accordance with its terms; (b) such User understands and agrees that such User has independently evaluated the desirability of utilizing the Body Bliss Offerings and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement; and (c) such User’s performance under the Agreement and such User’s use of the Body Bliss Offerings will not: (i) invade the right of privacy or publicity of any third person; (ii) violate any applicable law; and/or (iii) otherwise infringe upon the rights of any third parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, libel or slander, invasion of rights of publicity, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity.
You agree to defend, indemnify and hold harmless the Company, its affiliates, representatives, agents or any related parties from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Company’s website or its products.
Disclaimer of Warranties
THE BODY BLISS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BODY BLISS MAKES NO WARRANTY THAT THE BODY BLISS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE BODY BLISS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BODY BLISS WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE BODY BLISS OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM BODY BLISS OR OTHERWISE THROUGH OR FROM THE BODY BLISS OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT BODY BLISS SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BODY BLISS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE BODY BLISS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE BODY BLISS OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND/OR THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER’S REGISTRATION DATA; (E) THE FAILURE TO REALIZE ANY SPECIFIC MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND (F) ANY OTHER MATTER RELATING TO THE BODY BLISS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES BODY BLISS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF BODY BLISS TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE BODY BLISS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR BODY BLISS MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND BODY BLISS. ACCESS TO THE BODY BLISS OFFERINGS WOULD NOT BE PROVIDED TO ANY USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF BODY BLISS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If you believe that your work has been reproduced and is available on our Site in a way that constitutes copyright infringement, or that our Site contains links to an online location that contains material that infringes upon your copyright, you may notify us by providing our copyright agent with the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”).
To file a copyright infringement notification with us, please send a written communication to: Pamela Sculthorp, Body Bliss, P.O. Box 2980, Cottonwood, AZ 86326. Email: firstname.lastname@example.org Fax: 1.928.204.1290.
Please include the following in the communication, as required by 17 U.S.C. §512(c):
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works.
Identification of the material that you claim is infringing or which you claim is the subject of infringing activity.
Information reasonably sufficient (e.g., URL, Screenshot) to help Body Bliss locate the material you claim is infringing.
Your contact information so that Body Bliss can reach out to you in regards to your communication.
The statement, “I have a good faith belief that use of the material in the manner stated in this communication is not authorized by the copyright owner, its agent, or the law.”
The statement, “The information in this notification is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Your physical or electronic signature.
Dispute Resolution, Governing Law and Jurisdiction
All matters relating to the Site and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Site shall be instituted exclusively in the courts of the State of Arizona, located in Yavapai County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Body Bliss’s sole discretion, it may require you to submit any disputes arising from this Agreement or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Body Bliss Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Body Bliss’ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Body Bliss may, with or without notice to you and in its sole discretion, assign the Agreement and/or any of its rights or delegate its duties under the Agreement to any third party for any purpose. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If any User has any questions about the Agreement, Body Bliss Offerings or the practices of Body Bliss, that User can email us as at: email@example.com; call us at:(800) 909-3629; or send us mail to: Body Bliss, P.O. Box 2980, Cottonwood, AZ 86326.