Welcome to the Terms and Conditions of Use page (“Site Terms”) for the MyBodyPotential.com web site (the “Web Site”). These Site Terms create an agreement applicable to your use of our Web Site. We reserve the right, at any time, to modify, alter, or update these Site Terms, and you agree to be bound by such modifications, alterations, or updates once they are posted on our Web Site.
Your Registration Obligations
In consideration of your use of the Web Site, you agree: (a) that any information you are prompted to provide us about yourself (such as during registration or purchase) shall be accurate, current and complete, and (b) that you will maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that that such information provided is inaccurate, not current or incomplete, we have the right to suspend or terminate any and all current or future uses of our Web Site (or any portion thereof).
In addition, MyBodyPotential.com content is not directed at children under thirteen years of age, and by providing information about yourself to MyBodyPotential.com, you are representing that you are sixteen years of age or older. If you are younger than sixteen years of age and would like to become a registered member of or provide information about yourself to the MyBodyPotential.com Web site, you are required to have your parent or legal guardian contact MyBodyPotential.com at info@MyBodyPotential.com prior to use.
Licenses and Site Access
Subject to these Site Terms, we grant you a limited license only to make personal use of the Web Site. You may not, without limitation: (a) make any resale or commercial use of the Web Site or its content; (b) make any derivative use of the Web Site or its content; or (c) use any data mining, robots, or similar data gathering and extraction methods within the Web Site. Except as expressly stated in the Site Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or to any patent, trademark, copyright, or proprietary right of MyBodyPotential.com or any third party. Elements of the Web Site, including page headers, custom graphics, logos, sounds, images and button icons, are protected by trade dress and other state and federal laws and may not be copied or imitated in whole or in part.
You may not use, frame or utilize framing techniques to enclose any MyBodyPotential.com trademark, logo or other proprietary information (including the photographs and images found at the Web Site, the content of any text, audio/visual programming and/or the layout or design of any page of the Web Site) without MyBodyPotential.com’s express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing the name, trademark, or product name of MyBodyPotential.com without its express written consent.
Any unauthorized use of the Web Site will terminate the permission or license granted by the Site Terms, may violate copyright, trademark and other laws, and subject you to legal action.
The Web Site may include various interactive areas, including chat functions and bulletin boards. These forums may be used only for non-commercial purposes. By using any forum or interactive area, you agree not to do any of the following:
- Upload to, distribute or otherwise publish through the Web Site any text, message, data, photograph, image, graphic, information, audio/video file or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive, misleading or otherwise objectionable;
- Upload to, distribute or otherwise publish through the Web Site any Content that would convey expressions of bigotry, prejudice, racism, sexism, hatred or profanity;
- Upload to, distribute or otherwise publish through the Web Site any Content that would constitute, assist or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- Upload to, distribute or otherwise publish through the Web Site any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or any Content that you do not have the lawful right to distribute and reproduce;
- Upload to, distribute or otherwise publish through the Web Site any Content that may contain any viruses, Trojan horses, worms, time or logic bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Impersonate any person or entity, including, but not limited to, a MyBodyPotential.com employee, officer, director, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Without MyBodyPotential.com’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
We do not undertake responsibility or assume liability for any Content posted or uploaded by you or any third-party who may be engaged in a consulting, sponsorship, endorsement or other relationship with MyBodyPotential.com, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, we are not liable for any statements, representations or Content provided by our users in any public forum or interactive area (such as a chat room or bulletin board) in the Web Site. This means that you, and not MyBodyPotential.com, are entirely responsible for all Content that you upload, post or otherwise transmit via the Web Site.
We reserve the right, but are not obligated, to monitor any activity and Content associated with any public forums and interactive areas, or any other areas on the Web Site. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. We reserve the right and have absolute discretion to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
Only A Forum
The public forums and interactive areas on the Web Site act as the venue for users to post their own Content. We do not and cannot review all Content posted, uploaded or transmitted to the Web Site, and are therefore not responsible for such Content, regardless whether such Content is posted by you or any third-party who may be engaged in a consulting, sponsorship, endorsement or other relationship with MyBodyPotential.com. You acknowledge that MyBodyPotential.com is merely acting as a passive conduit for the distribution of any Content you may post and is not undertaking any obligation or liability relating to any such Content. Please use caution and common sense when using our Web Site.
License and Idea Submission
You agree to grant to MyBodyPotential.com a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Content you submit to the Web Site by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against MyBodyPotential.com for any alleged or actual infringement or misappropriation of any proprietary right in any Content you submit to us.
Your Indemnification and Release
You shall remain solely liable for the Content you post, upload or transmit to MyBodyPotential.com, including the public forums and interactive areas on the Web Site. You agree to indemnify and hold harmless MyBodyPotential.com, including its subsidiaries, divisions and affiliates, as well as their respective directors, officers, employees and agents, from any claim, action, demand, loss, expense or damages (including attorneys' fees and related costs) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. In the event that you have a dispute with one or more users, you release MyBodyPotential.com (and its officers, directors, agents, subsidiaries and employees) from claims, demands and 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. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
All right title and interest in the entire contents of the Web Site is copyrighted as a collective work under the United States and other copyright laws. MyBodyPotential.com holds the copyright in this collective work. The collective work includes works that are licensed to MyBodyPotential.com. Copyright 2006 MyBodyPotential.com. ALL RIGHTS RESERVED. The collective work may also include works that are the property of MyBodyPotential.com’s licensors, which are also protected by copyright and other intellectual property laws. You hereby acknowledge and agree that MyBodyPotential.com and/or any third party content providers remain the owners of any posted materials on the Web Site, and that you do not acquire any ownership rights over any such copyrighted materials by downloading or, otherwise, using them. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Web Site solely for your own non-commercial use. Any redistribution, retransmission, or publication of any material or content on the Web Site is strictly prohibited without our express written consent. You further agree not to modify or delete any proprietary notices from materials downloaded from the Web Site.
All trademarks, service marks, logos, trade names, and any other proprietary designations of MyBodyPotential.com or its divisions used herein are trademarks or registered trademarks of MyBodyPotential.com. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.
Links to Third Party Sites
There are links throughout the Web Site that will let you leave our Web Site. These links are provided as a courtesy only, and the sites they are linked to are not under the control of MyBodyPotential.com in any manner whatsoever. Therefore, MyBodyPotential.com is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. MyBodyPotential.com is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by MyBodyPotential.com of the site and/or any of its content therein.
Contests and Sweepstakes
We may from time to time offer participation in promotional contests and sweepstakes on our Web Site. Your participation in these contests and sweepstakes is governed by the express rules applicable to each such contest or sweepstakes.
Price and Payment
You agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time a purchase is made. We reserve the right to institute new fees or charges effective upon prior notice to you. When prompted to do so, you must provide us with valid credit card information. If payments that cannot be charged to your credit card are returned to us for any reason, we reserve the right either to suspend or terminate your order, thereby terminating all further obligations by MyBodyPotential.com. You are responsible for maintaining the confidentiality of your password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, ID, or any credit, debit or charge card number stored anywhere on our Web Site), you must promptly change your password and notify us of the problem to avoid possible liability for any unauthorized charges to your account.
THE WEB SITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE FROM THE WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MYBODYPOTENTIAL.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MYBODYPOTENTIAL.COM DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKE THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYBODYPOTENTIAL.COM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Limitation of Liability
MYBODYPOTENTIAL.COM SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, SERVICES OR CONTENT ON THE WEB SITE, OR THE PERFORMANCE OF ANY PRODUCTS YOU MAY PURCHASE ON OR THROUGHOUT THE WEB SITE, EVEN IF MYBODYPOTENTIAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MYBODYPOTENTIAL.COM WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, OR LOSS OF ANY DATA. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Notwithstanding any of the Site Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Web Site, and to block or prevent future access to and use of the Web Site.
If any provision of the Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Except as explicitly stated otherwise, any notices shall be given by postal mail to My Body Potential, PO Box 3452 Boulder CO, 80305, or by email at info@MyBodyPotential.com. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to MyBodyPotential.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
This Agreement is governed by and construed in accordance with the laws of the State of California, exclusive of its provisions on conflicts of laws. In respect of any dispute relating to this Agreement, the use of the Web Site, or the services or products provided through the Web Site, any such dispute must be brought exclusively in a court of competent jurisdiction sitting in Los Angeles, California. The prevailing party shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings. Any cause of action or claim you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Both parties agree that there are no representations, promises, warranties or undertakings by you or MyBodyPotential.com contrary to those set forth above.