2. DESCRIPTION OF SITES AND RELEASE The Sites provide general information about BVI and our vibration exercise devices and products. You acknowledge and agree that the information, content, services, products, data and other materials made available to you via the Sites (directly or indirectly) (collectively, “Content”) are provided for educational and informational purposes only, are not a substitute for medical advice and treatment or your consultation with qualified physicians and other health care professionals regarding your individual needs, and unless otherwise explicitly specified, should not be construed as an endorsement by or representation of the opinions of BVI. In the event you have any dispute with one or more third parties as a result of your use of the Sites or Content, or are in any way damaged as a result of any third party in connection therewith, you hereby release and covenant not to sue or otherwise make a claim, demand or file any legal action or institute any legal or regulatory proceedings against us, our affiliates, officers, directors, employees, agents, representatives and suppliers from, for any claims, actions, demands or damages (whether direct, indirect, special, incidental or consequential), of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed.
3. PROPER USE OF THE SITES You may not use or allow others to use the Sites, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Sites, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Sites; or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any Content in connection with your use of or access to the Sites. You also may not use, nor allow others to use the Sites, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Sites or any Content posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Sites, or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party’s prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Sites. We have the right to investigate occurrences which may involve such violations and may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
4. REGISTRATION AND PASSWORDS You may be required to register to obtain access to and use of certain features and functions of the Sites. Upon registration, you will be required to provide us with certain information which may include, without limitation, your name or your company’s name, address, telephone number(s), e-mail address, and applicable payment data for orders placed for goods and services via the Sites (e.g., credit card number, e-mail address, and expiration date) (collectively, your “Profile Information”). You represent, warrant and covenant to us that any and all Profile Information and any other information or data you provide to us, is and will be true, accurate and complete when given to us, that in providing such information to us you will not knowingly omit or misrepresent any material facts or information, and that you will promptly enter corrected or updated Profile Information via the Sites, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Profile Information as required for your use and access to the Sites, as applicable. Certain features and functions of the Sites may not be generally available to the public. In order to access and use such features and functions, we may require you to enter a unique user ID and password. We and/or third parties may also, from time to time, provide you with additional codes or passwords necessary to perform certain transactions or otherwise access the Sites. Your user ID, password, and any additional codes or passwords are collectively referred to herein as “IDs”. Your IDs are personal to you. You agree that you will not allow another person to use your IDs to access and use the Sites under any circumstances. You are solely responsible for maintaining the strict confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Sites using your IDs. You agree to immediately notify us if you become aware of any unauthorized use of your IDs or other need to deactivate an ID due to security concerns.
5. INTELLECTUAL PROPERTY The items made available via the Sites, including, without limitation, all Content, text, graphics, images, logos, button icons, information and materials, tangible and intangible, and all intellectual property rights in and to the same (the “Material”), are owned by or licensed to us or our third party partners. You have no rights in or to such Material and you will not use any Material, except as specifically permitted under this Agreement. Unless we give you written permission, you may only use and access, download and copy the Material (and print a single copy) for your personal use, and you will not alter, erase or otherwise obscure our copyright, proprietary or other notices on the Material. You acknowledge and agree that the Material is for non-commercial, informational and educational use only and is not a substitute for the professional judgment of any treating physician or other health care professional in diagnosing and treating patients. We do not give medical advice. Your use of, access to and reliance upon Material obtained through the Sites (directly or indirectly) is solely at your own risk. You agree to comply with all notices and requirements accompanying the Material. All rights not expressly granted in this Agreement are reserved to us.
6. LINKS The Sites may provide, or third parties may provide, links to other World Wide Web sites or resources including, without limitation, sites owned or maintained by third parties (“Third Party Sites”). Because we have no control over Third Party Sites, you acknowledge and agree that we are not responsible for the availability of Third Party Sites, and do not endorse and are not liable for any content, advertising, products, sites or other materials made available via Third Party Sites. You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, sites or other materials.
7. DISCLAIMER OF WARRANTY THE SITES ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITES OR YOUR ACCESS TO OR USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES OFFERED THROUGH THE SITES ARE ACCURATE, COMPLETE, SAFE, APPROPRIATE, ADEQUATE, RELIABLE, AND TIMELY OR COMPLY WITH APPLICABLE LAWS. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BVI, ITS LICENSORS, SUPPLIERS, DISTRIBUTORS, RESELLERS, AFFILIATES OR THIRD-PARTY SITE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT BVI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
9. INDEMNIFICATION You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement; and/or (b) your use of the Sites. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
10. TERMINATION We may terminate this Agreement, restrict, suspend or terminate your use of the Sites immediately and without notice or liability, in the event you breach any terms of this Agreement, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use Sites. Termination of this Agreement is your sole right and exclusive remedy if you are not satisfied with the Sites. Upon the effective date of any such termination, your right to use the Sites shall immediately case.
11. GOVERNING LAW AND INTERPRETATION This Agreement and your use of the Sites will be interpreted under and governed by the substantive laws of the State of New Mexico, excluding its conflicts-of-law rules. You agree that exclusive jurisdiction and venue of any dispute with BVI, its affiliates or any of their respective officers, directors, employees, contractors, agents, representatives or suppliers, arising out of or in any way relating to this Agreement shall reside in the state courts sitting in the State of New Mexico. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. This Agreement may not be modified by anyone except in writing signed by an authorized officer of BVI. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void. If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.
12. US CONSUMER DISCLAIMER The products on this website are not intended for sale to US Consumers domiciled or residing in the Federal United States as per the definition of the United States found in the FTC Act of 1914 or the Communications Act of 1934. The term United States includes the District of Columbia, Puerto Rico, American Samoa, Northern Mariana Islands, U.S. Virgin Islands, Guam or any US territory , State, insular possession or minor outlying islands under exclusive United States federal legislative jurisdiction. State is defined per the Communications Act of 1934 to be the District of Columbia or any State under exclusive federal legislative jurisdiction such as Puerto Rico, American Samoa, Guam, etc. The products offered by Body Vibe International are only for sale to American consumers living in one of the 50 states of the Union as define in the US constitution or Canadian Nationals or other Non-US Foreign Nationals. Body Vibe International is a state chartered limited liability corporation and is not US Corporation. It does not reside in any Unites States District, either judicial or geographic, and has no commerce, trade, financial, legal or jurisdictional nexus with the United States as defined in the FTC Act Section 4 of the FTC Act, 15 U.S.C. § 44.