BODICORE LLC TERMS OF USE
These terms of use, including any policies, rules, and other terms that are expressly incorporated herein by reference (collectively, “Terms”), set forth a legally binding agreement between you (“you” or “your”) and BODICORE LLC located at 4202, Unit D, Chapel Rd, Perry Hall, MD 21128 (“BODICORE LLC,” “we,” “us,” or “our”).
These Terms govern your use of our website located at www.BODICORE LLC.com (the “Site”), and your use of any content, information, products, or services made available on or through the Site (collectively, the “Services”). Please read these Terms carefully before using the Site or any of the Services.
ARBITRATION NOTICE: THESE TERMS CONTAIN A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO A COURT HEARING AND JURY TRIAL. YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND BODICORE LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
ACCEPTANCE OF TERMS
By accessing or using the Site or the Services, or by clicking to accept these Terms when this option is made available to you, you accept and agree to be bound by these Terms. In addition to these Terms, your access to and use of certain portions or aspects of the Site, or your ability to access and/or use certain Services, may require you to accept additional terms and conditions, including, without limitation, BODICORE LLC standard membership policies and any applicable membership agreement and/or waiver for our BODICORE LLC (collectively, “Additional Terms”). The Additional Terms are hereby incorporated and made a part of these Terms by this reference.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT APPLIES TO ALL USERS. If you reside in the United States, this provision applies to all disputes with BODICORE LLC. If you reside outside of the United States, this provision applies to any action you bring against BODICORE LLC in the United States. It affects how disputes with BODICORE LLC are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
SCOPE OF SERVICES
The Site is an online platform that enables you and all users (“Users”) to research, discover, and obtain BODICORE LLC’s services.
If you choose to use the Site as a User, your relationship with BODICORE LLC is limited to being an independent user, and not an employee, agent, joint venturer, or partner of BODICORE LLC for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of BODICORE LLC.
The Site may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. BODICORE LLC is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by BODICORE LLC of such Third-Party Services.
Due to the nature of the internet, BODICORE LLC cannot guarantee the continuous and uninterrupted availability and accessibility of the Site. BODICORE LLC may restrict the availability of the Site or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Site. BODICORE LLC may improve, enhance and modify the Site and introduce new Services from time to time.
ELIGIBILITY; USING THE SITE
You must be at least 18 years old and fully able and competent to enter into and abide by these Terms to access and use the Site and the Services.
You must be at least 18 years old and able to enter legally binding contracts to access and use the Site, register a BODICORE LLC account via Walla, or purchase class credits or membership subscriptions. By accessing or using the Site, you represent and warrant that you are 18 or older; have the legal capacity and authority to enter into a contract; are legally able to enter into any and all agreements with us and our partners, vendors, payment processors, agents, and service providers; and have the right, authority, and capacity to enter into and abide by these Terms.
TERM AND SURVIVAL
These Terms shall are and remain in effect while you use or access the Site, use or access BODICORE LLC Services, or are a member of BODICORE LLC. These Terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or BODICORE LLC terminate these Terms in accordance with this section. The provisions of the Terms that, by their nature, are intended to survive termination or expiration, will survive for one year past termination or expiration.
You may terminate these Terms at any time by contacting us at info@bodicore.com and [BB1] providing notice of your intent to terminate.
Without limiting our rights, BODICORE LLC may terminate these Terms for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
BODICORE LLC may terminate these Terms immediately, without notice if (i) you have materially breached these Terms, (ii) you have violated applicable laws, regulations, or third party rights, or (iii) BODICORE LLC believes in good faith that it is necessary to protect the personal safety or property of BODICORE LLC, its Users, or any third parties.
In addition, BODICORE LLC may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; (ii) if you have breached these Terms, applicable laws, regulations, or third party rights; (iii) if you have provided inaccurate, fraudulent, outdated or incomplete information during the BODICORE LLC account registration via Site, via Walla, or thereafter; (iv) if BODICORE LLC believes in good faith that such action is reasonably necessary to protect the personal safety or property of BODICORE LLC, its Users, or third parties, or to prevent fraud or other illegal activity; (v) for any other bona fide reason determined by BODICORE LLC in a good faith exercise of its reasonable business judgment:
● limit your access to or use of the Site;
● temporarily or permanently revoke any special status associated with your BODICORE LLC account; or
● temporarily or in case of severe or repeated offenses permanently suspend your BODICORE LLC account.
When these Terms have been terminated, you are not entitled to a restoration of your BODICORE LLC account or any of your User Content. If your access to or use of the Site has been limited or your BODICORE LLC account has been suspended or this Agreement has been terminated by us, you may not register a new BODICORE LLC account or access and use the Site through a BODICORE LLC account of another User.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination to effect the purposes of the Agreement will remain in effect.
MODIFICATION TO THESE TERMS
We may amend these Terms at any time. We will email you or post a notification on the Site in the event of any material changes to these Terms. Such changes, whether in the form of modifications, additions or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Site. Please check these Terms periodically for changes. Your continued use of the Site and the Services following our posting of any changes to these Terms means that you accept and agree to those changes.
PRIVACY POLICY
Your personal information and privacy are important to us. Our privacy policy (“Privacy Policy”) governs the processing of all personal data collected from you in connection with your use of the Site and/or the Services. The Privacy Policy and its terms and provisions are hereby incorporated and made a part of these Terms by this reference. You must agree to the Privacy Policy to use the Site and/or the Services.
ACCESSIBILITY
BODICORE LLC is committed to helping those with disabilities access the Site and/or Services. We strive to provide an excellent online experience for all our guests, including those with sight, hearing, and other disabilities. If you have difficulty using or accessing any element of the Site or the Services or if you have any feedback regarding accessibility of the Site or the Services, please feel free to contact us at info@bodicore.com.
ACCOUNT ACCESS INFORMATION
If you are required to create an account to access any part of the Site and/or Services, you must treat your account information (including, without limitation, your username, password and any other piece of information required as part of our security procedures) as confidential, and you must not disclose them to any other person or entity. You acknowledge agree not to provide any other person or entity with access to the Site and/or Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree to be responsible for any use of the Site and/or Services or portions of it using your username, password, or other security information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, if you have violated any provision of these Terms.
BODICORE LLC MEMBERSHIPS AND CLASS CREDITS
You can find a description of our membership offerings (“Membership”) and classes in the Site. You agree that all BODICORE LLC Memberships and classes are subject to these Terms, our Privacy Policy, BODICORE LLC’s studio policies, and any applicable membership agreement and releases.
You may purchase a Membership or class credits by paying in advance via the third-party booking vendor, Walla. Credits for classes or credit packages are purchased for one time only, have expiration dates and therefore do not last indefinitely, do not automatically renew, and must be purchased again for you to obtain additional credits.
Each Membership subscription requires a minimum three-month commitment. Monthly membership credits do notrollover to the following month and must be used within that month. All classes and membership subscriptions must be prepaid. Without exception, all classes, class credits, credit packages, and membership packages are non-refundable.
Once your initial Membership payment is processed, and effective as of that date (the “Membership Start Date”), your Membership shall immediately commence and continue to be effective until expiration of the Membership or termination by BODICORE LLC or you according to the Terms and any applicable membership agreement. YOUR MEMBERSHIP AUTOMATICALLY RENEWS FOR ADDITIONAL, SUCCESSIVE ONE (1) MONTH PERIODS (E.G., SHALL CONTINUE ON A MONTH-TO-MONTH BASIS) (EACH, A “RENEWAL MEMBERSHIP PERIOD”), AND AT THE BEGINNING OF EACH MONTH, WE WILL AUTOMATICALLY BILL THE MEMBERSHIP FEES FOR SUCH MONTH TO YOUR PAYMENT METHOD, UNTIL YOUR MEMBERSHIP IS CANCELED OR TERMINATED.
Reserving a Spot for a Class
To make a class reservation, you must first purchase class credits or have a monthly membership. To purchase class credits or a membership, log into your Walla account online or use the Walla App.
Unused class credits are non-transferable and must be used by the expiration date noted on the terms outlined on the website and confirmation received when purchasing. If your class credits or membership credits expire per our terms, you are not eligible for a refund or additional credits.
To receive a spot in a particular class, you:
1. Visit website here: https://bodicore.com/schedule
2. Click on the button ‘Log In’. If you do not have an account, you must register for an account with our preferred booking vendor, Walla. If you already have an account, use your login credentials you created. Additionally, you can download and install the Walla app from the App Store or Google Play Store to sign in.
3. Select a day and time to book your spot in class.
4. Select your package, credit or choose payment method to reserve your class.
Class Cancellation Processes and Fees for Late-Cancellation and No-Shows:
All BODICORE LLC members and class attendees must keep a valid credit card on file with BODICORE LLC at all times for the payment of late and no-show fees. You agree that BODICORE LLC may automatically charge your payment method on file for all cancellation and no-show fees you incur.
All classes for which you have signed up to attend require a 12-hour prior cancellation notice for limited members and 8-house prior cancellation notice for unlimited members. If you cancel your class by providing greater than 12-hours prior notice for limited members or 8-hour notice for unlimited members, you will incur no additional charges and the class will be credited to your account to use for another scheduled class.
You must cancel by logging in to your Walla account online or by using the Walla App. BODICORE LLC does not accept cancellations via social media, phone calls, texts, or email. This helps prevent any miscommunication or missed calls/messages.
Bookings made with an unlimited plan must cancel at least 8 hours before class start time or pay a penalty of $15. Bookings made with an limited plan must cancel at least 8 hours before class start time or pay a penalty of $25 and lose the session, fee, or credits used to pay for class.
If you fail to show up to a class for which you have signed up, and you have provided no prior notice, you agree to pay BODICORE LLC a no-show fee of $25 per class and loss of class the class credit used to pay for class.
Changes to Classes
Instructors and class schedules are subject to change without prior notice. We will provide communication via email or SMS of any changes to the schedule. To receive email and text message communication from the studio, you must opt in to receive email or text messages from BODICORE LLC.
Waitlists
If a class is full, you can add yourself to the waitlist for any class by logging into your account on our website at www.bodicore.com or via the Walla App. If a spot opens 10 hours before class starts, you will automatically be added to the class and you will receive notification letting you know that you have been added to the class. You must opt-in to receive emails and text messages from BODICORE LLC to be notified by text message or email.
If you added yourself to the waitlist and need to come off the waitlist, it is your responsibility to remove yourself from the waitlist and/or class within the cancellation period so that you do not incur a cancellation or a no-show fee by logging into your account on our website at www.bodicore.com or via the Walla App. We enforce this policy to ensure all our members have an opportunity to reserve a class.
Clients on the waitlist should be prepared to attend the class if they receive short notice of an available spot. If a client on the waitlist is notified of an available spot with less than one hour’s notice, then client will not be charged a cancellation fee, and their account will be credited for that course.[BB2]
Late Arrivals
Users who arrive more than five minutes late to a class may not be allowed to participate, as it disrupts the flow of the session and compromises safety. Such late arrival shall not be eligible for a refund absent good cause.
Early Arrival for New Clients
New clients must arrive at least 15 minutes prior to the scheduled start of class to complete paperwork and receive an orientation to the equipment. First time clients that are not present at least 10 minutes prior to start of class will not be allowed to take the class.
Refunds
Classes and memberships are non-refundable. Refunds may be considered on a case-by-case business, in the sole discretion of BODICORE LLC, in cases of serious, documented medical conditions.
No returns or exchanges will be provided on apparel and accessories sold at the studio.
Suspension or Cancelation of Memberships
Members can cancel or suspend memberships by providing a 30-day written notice prior to the next billing cycle to avoid charges. For example, if your monthly payment is deducted on the 5th of each month, you must provide notice by May 4 or earlier if you wish to cancel your June 5 monthly payment. You can cancel or suspend your membership by sending a written request to the studio at info@bodicore.com.
If you would like to cancel before your commitment is complete, you will be charged 50% of the monthly cost of your membership.
Membership Freeze
The membership freeze option is specifically intended for members who anticipate a temporary absence due to reasons such as travel, injury, or significant life changes. Freezing a membership enables members to remain a BODICORE member and retain their current membership rate when they reactivate their membership.
All memberships require a 7-day notice and are processed in 30-day increments. Freeze requests for less than 30-days may not be honored. A member may freeze for up to three (3) months per calendar year for $15 per 30 days.
BODICORE LLC may terminate your membership at any time, without warning, if you breach these Terms of Service or any applicable membership agreement or Privacy Policy.
Changes to Prices and Terms
Prices and terms for Memberships and classes may change at any time. The prices and terms in effect as of the Membership Start Date or the date your Membership last renewed (as applicable) shall remain in effect for the duration of the applicable Initial Membership Period or Renewal Membership Period (as the case may be), provided that new or modified prices and terms may apply to renewals or new Memberships. We will provide you with reasonable notice of any updates or changes in prices or terms before they become effective. If you do not want to renew your Membership under such new or modified prices or terms, you may cancel your Membership as described herein.
BILLING
You are solely responsible for ensuring that your billing and payment information is correct to prevent your Membership or class credits from being canceled. If your payment method cannot be charged for any reason (such as expiration or insufficient funds), you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you update your payment method information. This may result in a change to the start of your next Membership period and may change the date on which you are billed for each period. In addition, we reserve the right to cancel your Membership if your payment method cannot be successfully charged.
Payment Terms
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. By entering into any transaction on the Site, you represent and covenant that all information you provide is true, correct, and complete (including, without limitation, your credit card information and billing address); that any credit card transactions submitted by you are authorized; that charges incurred by you will be honored by your credit card company; and that you are the legal holder of any credit card or payment account used to enter into any transaction.
If, in our sole discretion, we determine that: (i) your means of payment is not valid, (ii) a transaction is not authorized, (iii) your means of payment cannot be processed or verified at the time of any charge, (iv) a charge is disputed for any reason other than failure by us to deliver the item(s) purchased by you, or (v) you have otherwise used the Site to enter into an improper transaction, we reserve the right to immediately terminate any pending transactions, suspend your access to the Site, and terminate all of our obligations hereunder.
Payment Processing
By agreeing to these Terms, you understand and agree that the payment processing services for BODICORE LLC services purchased on the Site are provided by a third-party payment processor—Walla. As a third-party service, your use of Walla will be subject to different terms and conditions and privacy practices. BODICORE LLC is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services.
PHOTO RELEASE
BODICORE LLC may take photos or videos of Users in the BODICORE LLC studio. By attending BODICORE LLC classes, you give BODICORE LLC permission to use your likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including internet publications, without payment or other consideration. You understand and agree that all photos will become the property of the BODICORE LLC and will not be returned.
You agree to irrevocably authorize BODICORE LLC to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, you waive any right to inspect or approve the finished product where your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of the photo.
You hereby hold harmless, release, and forever discharge BODICORE LLC from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have by reason of this authorization.
To opt out of this photo and social media policy, write BODICORE at info@bodicore.com
[BB3] with your request to opt-out.
RESTRICTIONS ON USE
Solely for Personal Use
You may use the Site, the Services, and all associated content solely for your personal use and enjoyment. The Site, the Services, or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
Accuracy of Information as Condition to Site Access
To access parts of the Site or the Services, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of the Site or the Services that all the information you provide on the Site or the Services is correct, current, and complete.
Restrictions
When accessing or using the Site or the Services you may not:
● Use any device, software or routine to interfere with the proper functioning of the Site;
● Transmit any unlawful, threatening, abusive, libelous, defamatory, discriminatory, obscene, vulgar, pornographic (including, but not limited to, child pornography), profane, obscene, lewd, lascivious, filthy, vile or indecent information of any kind, including images and language;
● Transmit any message that constitutes, encourages or incites conduct that would constitute a criminal offense or give rise to civil liability;
● Transmit or solicit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights; is protected by copyright, trademark, or other intellectual property or proprietary rights; or is a derivative work with respect thereto, without first obtaining permission from the owner or right holder;
● Transmit any information, software or other material that contains a virus, Trojan horse, time bomb, worm or other rogue programming or other harmful component;
● Use any software, tool, data, device or other mechanism to navigate or search the Site, other than generally available browsers or a search engine provided by us;
● Use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute any information or content available on the Site;
● Frame or utilize framing techniques to enclose any aspect of the Site, including any trademark, logo or other proprietary information (including, but not limited to, images, text, page layout or form) without our express written consent;
● Use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent;
● Violate or attempt to violate any security features of the Site (it being acknowledged that any violation of system or network security may subject you to civil and/or criminal liability);
● Violate security features that prevent or restrict use or copying of any content or enforce limitations on use of the services or the content on the Site, including, without limitation, by use of any manual or automated software, devices, scripts bots, crawlers, spiders, data miners, scraping or other automatic access tools;
● Access content or data not intended for you or logging onto a server that you are not authorized to access;
● Attempt to probe, scan or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
● Interfere or attempt to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”
● Use the Site to send unsolicited e-mail, promotions, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or advertisements;
● Forge any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or
● Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site.
USER COVENANTS
By accessing or using the Site and/or the Services, you agree to, acknowledge, and represent as follows:
● You will comply with all applicable federal, state, or local laws, rules and regulations in using the Site and/or the Services, and you will not perform or fail to perform any act that you know or reasonably should know would place us or our affiliates in violation of any applicable law, rule or regulation.
● You have the authority and capacity, under the laws of the state or jurisdiction in which you reside, to make the representations and warranties and be bound by the covenants provided herein.
COPYRIGHTS, TRADEMARKS, AND OTHER PROPRIETARY RIGHTS
When accessing and using the Site and/or the Services, you agree to obey all applicable laws and to respect the intellectual property rights of others. You agree that you will be solely responsible for any violations of any relevant laws and for any infringement of third-party rights that you provide or transmit to us.
As between you and us, all content on the Site and the Services, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound or any other digital media, is owned by us and/or our licensors and is subject to protection by patent, copyright, trademark or other intellectual property or proprietary rights. In addition, the entire content of the Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content. Any feedback, suggestions or ideas you provide to us relating to the Site and/or the Services shall be deemed to be non-confidential and we shall be free to use such feedback, suggestions or ideas on a royalty-free, perpetual, irrevocable, worldwide, transferable, unrestricted basis.
All trademarks, trade names, trade dress, logos and service marks (collectively, the “Trademarks”) appearing on the Site and/or the Services are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing contained on the Site, the Services or these Terms serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or by any third party.
Except as expressly provided herein, you may not use, modify, create derivative works of, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any content or material from the Site or the Services without express written permission from us and, if applicable, the respective copyright owner. You acknowledge and agree that you do not acquire any ownership rights by accessing or using the Site and/or the Services.
USER CONTENT
You are, and shall remain, solely responsible for the content of any materials, including, without limitation, User Generated Social Media Content (as defined below), materials, submissions, artwork, logos, service marks, trademarks, images, text, ideas, notes, drawings, photographs, graphics, messages, concepts, or other information or communications (collectively, “User Content”) you send, provide, upload, post or transmit to us via the Site, the Services, the Internet, e-mail or otherwise. We welcome our customers to share photos and videos of their experiences with our Services online, including on social media websites, social media applications, and social sharing websites. You may grant us permission to use, share and/or re-post your photos, videos, reviews, or other content (collectively, “User Generated Social Media Content”) by tagging or mentioning BODICORE LLC with such User Generated Social Media Content.
You hereby grant to us and our affiliates, the royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, share, re-post, translate, create derivative works of, and display User Content, without payment, royalties, or other consideration to you, in connection with (i) the operation of the Site, (ii) providing you the Services, and (iii) for our business purposes, including, without limitation, promotion, advertising or marketing of BODICORE LLC, in any form, medium or technology now known or later developed. By granting us permission to use your User Generated Social Media Content you also hereby grant us permission to use and authorize others to use your name and/or social media handle in association with your User Generated Social Media Content for identification, publicity related to BODICORE LLC and the Services, and similar promotional purposes. While our general policy is to credit User Generated Social Media Content to their respective copyright holders, image/content credit is not guaranteed. Subject to existing laws, you hereby waive any moral rights that you may have in any User Content. In addition, you release the BODICORE LLC Parties (as defined below) from all claims, demands, actions, or suits in connection with your User Content or User Generated Social Media Content, including any liability related to the BODICORE LLC Parties’ use or non-use of your User Content or User Generated Social Media Content, claims for defamation, invasion of privacy, right of publicity, emotional distress, or economic loss.
You represent and warrant that you are the owner of or have the right to license User Content and that your User Content does not and will not infringe, misappropriate, or violate the intellectual property or other proprietary rights of any third party. You must not send, upload, post, or transmit to us any User Content to which you do not hold the necessary rights or which violate or infringe upon the intellectual property or other proprietary rights of others.
In addition, your User Content may not: (a) contain any personally identifiable information, including contact information for you or any person; (b) bully, threaten, abuse, harass, degrade or mock, or contain, depict or promote any threats to, any person, place, property, business or group; (c) contain, depict or promote any libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd or otherwise inappropriate content; (d) contain or depict any symbols, words or slurs that are widely considered offensive to individuals of a certain race, gender, ethnicity, religion, sexual orientation or socioeconomic group; (e) contain, depict or promote any unreasonably dangerous or reckless behavior or activity, including, without limitation, violence, abuse, cruelty to animals, use of illegal drugs, excessive or inappropriate use of alcohol or legal drugs or any conduct that constitutes a criminal offense or gives rise to civil liability; (f) share or transmit unsolicited advertising, spam or junk or bulk messages; or (g) involve impersonation of any other individual or misrepresentation of your professional or other affiliation with any other person or entity.
You acknowledge that BODICORE LLC and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any User Content that violates these Terms or may otherwise be objectionable. You further acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or if there is certain belief that such preservation or disclosure is reasonably necessary to: (A) comply with legal process; (B) enforce these Terms; (C) respond to claims that the BODICORE LLC User Content violates the rights of third-parties; or (D) protect the rights, property, or personal safety of BODICORE LLC, its users, and the public. We advise that you keep a copy of all User Content uploaded to the Site and/or Services. We maintain no guarantee that User Content uploaded into the Site and/or Services will be available in the future and are not liable for loss of User Content under any circumstance.
MONITORING; COPYRIGHT COMPLAINTS
You agree that we have the right, but not the obligation, to monitor, suspend, terminate, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material, content, and/or activity anywhere on the Site or the Services, including, without limitation, any User Content. In the event you post or provide content in violation of these Terms or to which you do not have adequate rights, we may suspend or terminate your access to or use of the Site or the Services. Notwithstanding this right, we do not and cannot review all materials submitted to the Site or the Services. If notified, we will investigate an allegation that content transmitted to us is in violation of these Terms and determine whether to have the communication removed. However, we assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of the Site or the Services, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained therein.
Digital Millennium Copyright Act
We may, in appropriate circumstances, terminate the access of users who infringe or otherwise violate the rights of others. While we reserve the right to terminate the access of users who infringe or otherwise violate the rights of others in our sole discretion, if you are a Repeat Offender (as defined below), your access to the Site or the Services will be suspended or terminated. “Repeat Offender” shall mean any user of the Site or the Services against whom we receive three (3) or more Infringement Notifications (as defined below).
If you believe that your work has been copied and is accessible on the Site or Services in a way that constitutes copyright infringement, you may notify us (each, an “Infringement Notification”) by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512):
● A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
● Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site;
● Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
● Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an e-mail address;
● A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
● A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the written communication to our copyright agent by e-mail and by U.S. Mail to:
BODICORE LLC
4202 Chapel Rd, Unit D
Perry Hall, MD 21128
Attn: BODICORE LLC info@bodicore.com
E-mail Subject: “DMCA Request”
TERMINATION
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
REVIEWS
We may provide specific opportunities for you to tell us and other users what you think about our products or other services made available on our Site (“Reviews”). If you choose to provide a Review, you understand and agree that you shall state your opinions lawfully, honestly, and in good faith and reveal to others any conflict of interest or relationship that might influence your views, if applicable. You hereby grant to us and our affiliates, the royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, share, re-post, translate, create derivative works of, and display your Reviews, without payment, royalties, or other consideration to you, in connection with (i) the operation of the Site, and (ii) for our business purposes, including, without limitation, promotion, advertising or marketing of BODICORE LLC, in any form, medium or technology now known or later developed (including, without limitation, on any of our social media accounts). All Reviews are strictly the opinion of the users posting such Reviews, and we do not endorse or approve any such Reviews, nor do we have any responsibility or liability for the accuracy, appropriateness or content of such Reviews.
THIRD-PARTY SITES; LINKING AND FRAMING
Our Site may contain links to websites, goods, and/or services maintained, owned, or controlled by others (“Third-Party Sites”) that are not affiliated with us and may be located in different countries and that may be subject to different regulatory and other legal requirements. We have not reviewed all of the Third-Party Sites linked to the Site or the Services and are not responsible for the content or services offered on such Third-Party Sites, including, but not limited to, any advertising, order processing and fulfillment, or payment terms related to such Third-Party Sites. Access to Third-Party Sites through the Site or the Services does not constitute an endorsement by us or any of our subsidiaries or affiliates of any such Third-Party Sites, or the content or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices of such Third-Party Sites or retailers. Complaints, claims, concerns or questions regarding Third-Party Sites should be directed to the applicable third party. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
If we provide links to social media platforms, such as Facebook, TikTok, Instagram, or Twitter, and you choose to visit any such social media platforms through our links, please note that the personal information you post, transmit or otherwise make available on or through such social media platforms may be viewed by the general public. We do not control any content or information made available on such social media platforms and we are not responsible for any third-party use of any such content or information, including, without limitation, personally identifiable information, that you have posted, transmitted or otherwise made available on such social media platforms.
You shall not mirror or frame the Site or Services or any part thereof. You shall not link to the Site or Services on any other site, service or product which, as determined by BODICORE LLC in its sole discretion, (i) publishes, contains, broadcasts or promotes libelous, abusive, offensive, harassing, violent, inflammatory, threatening, defamatory, obscene, indecent, sexually explicit, pornographic or otherwise objectionable materials, (ii) promotes discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation or age, or (iii) publishes, contains, broadcasts or promotes materials that could give rise to any civil or criminal liability under U.S. or international law. You also shall not link to the Site or Services in such a way as to suggest any form of association, approval, or endorsement on BODICORE LLC’s or its affiliates’ part. If we notify you of a violation of this paragraph, you shall immediately take down the link to the Site or Services.
UPDATES TO SITE
We will not be liable if, for any reason, all or part of the Site or the Services is ever unavailable. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the Services, or any part thereof, with or without notice.
Please remember when reviewing information on the Site or the Services that such information may not represent the complete information available on a subject. On occasion, information on the Site or the Services may contain errors. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information.
DISCLAIMER OF WARRANTIES
If you choose to use the Site, you do so voluntarily and at your sole risk. The Site is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Services, laws, rules, or regulations that may be applicable to your use of the Site and that you are not relying upon any statement of law or fact made by BODICORE LLC relating to such use.
THE SITE AND/OR THE SERVICES MAY PROVIDE YOU WITH CERTAIN INFORMATION, INCLUDING, WITHOUT LIMITATION, TUTORIALS, WORKOUTS, OR RECOMMENDATIONS. ALL SUCH INFORMATION IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL OR OTHER PROFESSIONAL ADVICE OR AN OPINION OF ANY KIND. THE SITE AND THE SERVICES DO NOT PROVIDE OR REPLACE ANY MEDICAL PROFESSIONAL OR MEDICAL RESOURCE. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING ANY EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE AND/OR THE SERVICES. FURTHER, ALL SUCH INFORMATION MADE AVAILABLE THROUGH THE SITE AND/OR THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY USE OF, OR RELIANCE ON, SUCH INFORMATION IS AT YOUR SOLE RISK.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY SERVICES OFFERED VIA THE SITE) IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY SERVICES OFFERED VIA THE SITE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS AND/OR SERVICES OFFERED VIA THE SITE) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SI
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