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Terms and Conditions

Terms of Use and Conditions

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing and using this site, you agree and are subject to our terms and conditions, whether or not you have read them. If you do not agree to these terms and conditions, please do not use this site.

 

Definitions

 

“We”, “us”, and “our” and “Bodybinds” refers to Bodybinds LLC. “You”, “your” and “yours” refer to the user accessing this website. “Item”, “items, “product” and “products” refers to all goods offered for purchase on the Bodybinds® website.

 

Copyright

 

Our website contains various content, including but not limited to text, graphics or code, that is protected by the copyright laws of the United States and/or other jurisdictions and is the property of Bodybinds®. Except for that information which is in the public domain or for which you have been given express written permission by Bodybinds®, no content may be sold, leased, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without the prior written consent of Bodybinds®. However, you may print copies of materials on our website for your personal, noncommercial use only, provided that you must keep intact all copyright, trademark, and other proprietary notices appearing therein and that you use such materials solely in the manner permitted by this agreement and not in any manner that competes with us. Purchases made with the intent to copy and sell will result in legal action.

 

Trademarks

 

All trademarks, service marks and trade names of Bodybinds LLC used on the website, including the the mark Bodybinds®, are trademarks or registered trademarks of Bodybinds®. You do not have rights or license to them.

 

Site Information and Products

 

We make every effort to display our products and their colors as accurately as possible. However, the displayed colors of the products will depend upon the technical specifications and settings of your computer and monitor, and we do not guarantee that the actual colors of the products will be accurately displayed on your monitor. Products displayed may be out-of-stock, discontinued or otherwise unavailable, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter. Bodybinds® reserves the right to refuse or cancel any orders placed for products listed with typographical errors, including incorrect pricing, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the incorrect price. If an item you have ordered becomes out of stock before we accept the order we shall notify you as soon as possible for further remedy.

 

Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Bodybinds® disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. We do not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Bodybinds® does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. These limitations may not be fully applicable, depending on your state’s laws.



Limitation of Liability

Bodybinds® shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Bodybinds® has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.



Changes & Termination

These terms and conditions, or any part of them, may be changed or terminated by Bodybinds® without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Violation of these Terms and Conditions results in an automatic termination and revocation of your rights to use and access.

 

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of New York, USA, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Bodybinds® products) shall be in the state or federal courts located in New York County, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Bodybinds® products) must be commenced within one (1) year after the claim or cause of action arises. Bodybind LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions 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 of these terms and conditions. Bodybinds LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

Use of Site

 

By accessing and using this site, you agree to not:

1) impersonate any person or entity or misrepresent your affiliation with any other person or entity;

2) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping, “ or any other activity with the purpose of obtaining a list of users or other information, or send chain letters or pyramid schemes via this site or

3) attempt to gain unauthorized access to other computer systems through this site;

4) transmit any viruses or any other disabling mechanisms;

5) use this site for any illegal purpose, in violation of any applicable laws or regulations;

6) engage in any internet activities that would violate the privacy rights of others; or

7) attempt to breach security measures of this site or obtain or bypass others’ passwords;

8) links to materials or other content, directly or indirectly, to which you do not have a right to link;

9) violate, or encourage anyone to violate this Agreement, and ancillary terms and conditions listed on the Website, or the Privacy Policy.

You agree that you will not use this site in any manner that could damage, disable, overburden, or impair this site or interfere with any other party’s use and enjoyment of this site.

 

Indemnification

You agree to indemnify, defend, and hold harmless Bodybinds LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.



Third-Party Links

From time to time, Bodybinds LLC engages in collaborations with third parties and may link to sites operated by third parties. However, even if the third party is affiliated with Bodybinds LLC, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of Bodybinds LLC. These linked sites are only for your convenience and enjoyment and therefore you access them at your own risk and are subject to their terms and conditions upon visiting their sites. Nonetheless, we seek to protect the integrity of our web site and the links placed upon it, and therefore request any feedback on not only our own site, but for sites we link to as well (including if a specific link does not work).