The Body Bliss™ Factory Direct website located at www.bodyblissfactorydirect.com (the “Site”) is owned and operated by Artisans Atelier Inc., d/b/a Body Bliss™ Factory Direct (collectively, “Body Bliss™ Factory Direct,” “we,” “our” or “us”). Each end-user (“User,” “you” or “your”) agrees to the following Body Bliss™ Factory Direct Website Terms and Conditions (“Terms and Conditions”), in their entirety, when she/he: (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™ Factory Direct (collectively, the “Content”); (c) accesses links to Body Bliss™ Factory Direct’s social media pages/accounts on third party social media websites, such as Facebook®, Instagram®, TripAdvisor® and Yelp® (collectively, “Social Media Pages”); (d) utilizes the contact form and/or other functionality as a means to book a service appointment for one of our featured treatments and/or readings (“Treatments”), as well as to request being contacted by Body Bliss™ Factory Direct (collectively, “Contact Services”); (e) signs up for the Body Bliss™ Factory Direct newsletter (“Newsletter”); (f) accesses the comments sections associated with the Blog Posts and/or other interactive features made available on the Site (“Interactive Services”); and/or (g) purchases any of the lotions, oils, soaps, candles, shampoos, nail care products or other health, beauty and wellness items made available by and through the Site (collectively, the “Products” and together with the Site, Content, Social Media Pages, Treatments, Contact Services, Newsletter and Interactive Services, the “Body Bliss™ Offerings”).
Facebook® and Instagram® are registered trademarks of Facebook, Inc. (“Facebook”). TripAdvisor® is a registered trademark of TripAdvisor, Inc. (“TripAdvisor”). Yelp® is a registered trademark of Yelp, Inc. (“Yelp”). Please be advised that Body Bliss™ is not in any way affiliated with Facebook, TripAdvisor or Yelp, and the Body Bliss™ Offerings are not endorsed, administered or sponsored by any of those parties.
You acknowledge and understand that the Products and Treatments (and associated Content) have not been evaluated by the US Food & Drug Administration (“FDA”). The Content, Blog Posts, Treatments, and other material made available by and through the Body Bliss™ Factory Direct 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™ Factory Direct 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. 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™ Factory Direct Offerings.
Without limiting the foregoing, the Products and Treatments may include ingredients and substances that you are allergic to. You should always check the ingredients in any Product and/or any substances applied in connection with a Treatment 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.
1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and Body Bliss™ Factory Direct with respect to Users’ use of the Body Bliss™ Factory Direct 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; 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™ Factory Direct Offerings. By your continued use of any of the Body Bliss™ Factory Direct 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).
2. Requirements; Necessary Equipment. The Body Bliss™ Factory Direct Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Body Bliss™ Factory Direct 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™ Factory Direct Offerings.
You shall be 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™ Factory Direct Offerings. Body Bliss™ Factory Direct does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Body Bliss™ Factory Direct does not guarantee that the Body Bliss™ Factory Direct 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™ Factory Direct Offerings through your wireless device. 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.
3. Registration; Termination of Access to the Body Bliss™ Factory Direct Offerings.
(a) Registration. In connection with completing the site registration process, signing up for our newsletter, or making a purchase through our online store and in connection with your use of certain of the Body Bliss™ Factory Direct Offerings, Body Bliss™ Factory Direct 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 and/or Treatments); (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™ Factory Direct has reasonable grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, Body Bliss™ Factory Direct has the right to suspend or terminate your account and refuse any and all current or future use of the Body Bliss™ Factory Direct Offerings (or any portion thereof).
(b) Account Security. 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 therethrough. We strongly recommend that you exit from your account at the end of each session. You agree to notify Body Bliss™ Factory Direct immediately of any unauthorized use of your account or any other breach of security.
(c) Termination. Body Bliss™ Factory Direct may terminate a User’s access to the Body Bliss™ Factory Direct Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where Body Bliss™ Factory Direct 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™ Factory Direct Offerings.
4. Products. Body Bliss™ Factory Direct attempts to be as accurate as possible when describing its Products. However, Body Bliss™ Factory Direct does not warrant 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™ Factory Direct shall have the right to refuse or cancel any orders placed for that Product so listed at the incorrect price. Body Bliss™ Factory Direct shall have the right to limit the number of items purchased through the Site. Body Bliss™ Factory Direct 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™ Factory Direct shall immediately issue a credit to your Active Credit Card account in the amount of the charge.
You understand and agree that Body Bliss™ Factory Direct 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™ Factory Direct 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™ Factory Direct. If Body Bliss™ Factory Direct terminates the Agreement for any reason, Body Bliss™ Factory Direct shall have no liability or responsibility to you. You understand and agree that refusal to use the Body Bliss™ Factory Direct Offerings is your sole right and remedy with respect to any dispute with Body Bliss™ Factory Direct.
5. Treatments. Body Bliss™ Factory Direct attempts to be as accurate as possible when describing its Treatments. However, Body Bliss™ Factory Direct does not warrant that Treatment descriptions (or other Content contained on the Site) is/are accurate, complete, reliable, current or error free.
In the event that a Treatment is listed at an incorrect price point due to a typographical error or an error in pricing information received from our suppliers, Body Bliss™ Factory Direct shall have the right to refuse or cancel any orders placed for that Treatment listed at the incorrect price. Body Bliss™ Factory Direct shall have the right to limit the number of Treatments purchased through the Site. Body Bliss™ Factory Direct 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™ Factory Direct shall immediately issue a credit to your Active Credit Card account in the amount of the charge.
You understand and agree that Body Bliss™ Factory Direct is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or acquire any Treatments. You understand and agree that Body Bliss™ Factory Direct shall not be liable to you or any third party for any modification, suspension or discontinuation of any Treatment, service or promotion offered by Body Bliss™ Factory Direct. If Body Bliss™ Factory Direct terminates the Agreement for any reason, Body Bliss™ Factory Direct shall have no liability or responsibility to you. You understand and agree that refusal to use the Body Bliss™ Factory Direct Offerings is your sole right and remedy with respect to any dispute with Body Bliss™ Factory Direct.
6. Content. The Site contains Content which includes, but is not limited to, regularly updated Blog Posts, a description of Body Bliss™ Factory Direct’s Products and philosophy, and other materials regarding the Body Bliss™ Factory Direct Offerings. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.
7. Purchasing Products and Treatments.
(a) Purchases. Upon completing the applicable form associated with the purchase of the Product(s) and/or Treatment(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) and/or Treatment(s), plus applicable sales tax.
(b) 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 “PAYPAL *BODYBLISSFD.” 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) and/or Treatment(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™ Factory Direct 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) and/or Treatment(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.
(c) Authorization. Body Bliss™ Factory Direct’s authorization to provide and bill for the Product(s) and Treatment(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™ Factory Direct’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.
8. Social Media Pages. The Site contains links to the various Body Bliss™ Factory Direct Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Body Bliss™ Factory Direct 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 Social Media Websites.
9. Interactive Services.
(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™ Factory Direct 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™ Factory Direct 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™ Factory Direct deems, in its sole and absolute discretion, to be in violation of the Agreement and/or which Body Bliss™ Factory Direct believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Body Bliss™ Factory Direct to harm, damage to reputation or liability. Notwithstanding the foregoing, Body Bliss™ Factory Direct 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™ Factory Direct 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.
(b) In connection with your use of the Interactive Services and other of the Body Bliss™ Factory Direct 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™ Factory Direct, without Body Bliss™ Factory Direct’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; (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™ Factory Direct prior written authorization; (xvii) use metatags or code or other devices containing any reference to any Body Bliss™ Factory Direct 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™ Factory Direct Offerings. Body Bliss™ Factory Direct reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
10. Interactions. Users are solely responsible for their interactions with other Users and third parties featured through the Body Bliss™ Factory Direct Offerings. Because Body Bliss™ Factory Direct 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™ Factory Direct 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.
12. License Grant. As a User of the Body Bliss™ Factory Direct Offerings, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Body Bliss™ Factory Direct Offerings and associated content in accordance with the Agreement. Body Bliss™ Factory Direct may terminate this license at any time for any reason. You may use the Body Bliss™ Factory Direct Offerings on one computer for your own personal, non-commercial use. No part of the Body Bliss™ Factory Direct Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Body Bliss™ Factory Direct Offerings or any portion thereof. Body Bliss™ Factory Direct reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Body Bliss™ Factory Direct Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on Body Bliss™ Factory Direct infrastructure. Your right to use the Body Bliss™ Factory Direct Offerings is not transferable.
13. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Body Bliss™ Factory Direct Offerings are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Body Bliss™ Factory Direct Offerings is strictly prohibited. Systematic retrieval of material from the Body Bliss™ Factory Direct Offerings by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Body Bliss™ Factory Direct is prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the Body Bliss™ Factory Direct Offerings. The posting of information or material on or through the Body Bliss™ Factory Direct Offerings by Body Bliss™ Factory Direct does not constitute a waiver of any right in or to such information and/or materials. The “Body Bliss” name and logo, and all associated graphics, icons and service names, are trademarks of Rhiannon Creations, Inc. All other trademarks are the property of their respective owners. The use of any trademark without the applicable trademark owner’s express written consent is strictly prohibited.
14. Representations and Warranties. Each User hereby represents and warrants to Body Bliss™ Factory Direct 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™ Factory Direct 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™ Factory Direct 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, 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.
15. Indemnification. Each User agrees to indemnify, defend and hold Body Bliss™ Factory Direct, its employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from or related to: (a) any dispute between that User and any other User or third party; (b) User’s use of the Body Bliss™ Factory Direct Offerings in violation of any applicable law; and/or (c) User’s use of the Body Bliss™ Factory Direct Offerings in any manner whatsoever.
16. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Body Bliss™ Factory Direct Offerings is a violation of criminal and civil law and Body Bliss™ Factory Direct will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
17. Disclaimer of Warranties. THE BODY BLISS™ FACTORY DIRECT 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™ FACTORY DIRECT MAKES NO WARRANTY THAT THE BODY BLISS™ FACTORY DIRECT 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™ FACTORY DIRECT 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™ FACTORY DIRECT WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE BODY BLISS™ FACTORY DIRECT OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM BODY BLISS™ FACTORY DIRECT OR OTHERWISE THROUGH OR FROM THE BODY BLISS™ OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
18. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT BODY BLISS™ FACTORY DIRECT 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™ FACTORY DIRECT 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™ FACTORY DIRECT 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™ FACTORY DIRECT 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™ FACTORY DIRECT 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™ FACTORY DIRECT 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™ FACTORY DIRECT 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™ FACTORY DIRECT OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR BODY BLISS™ FACTORY DIRECT 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™ FACTORY DIRECT. ACCESS TO THE BODY BLISS™ FACTORY DIRECT 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™ FACTORY DIRECT SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
19. Digital Millennium Copyright Act. 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: Ute Schmidt, 250 Sunset Dr. Apt. 13, Sedona, AZ 86336, [email protected], 928-282-1599.
Please include the following in the communication:
- 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™ Factory Direct locate the material you claim is infringing.
- Your contact information so that Body Bliss™ Factory Direct 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.
20. Third Party Websites. The Body Bliss™ Factory Direct Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites. Body Bliss™ Factory Direct does not control the information, products or services made available on or through these third party websites. The inclusion of any link does not imply endorsement by Body Bliss™ Factory Direct of the applicable website or any association with the website’s operators. Because Body Bliss™ Factory Direct has no control over such websites and/or resources, each User agrees that Body Bliss™ Factory Direct is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third parties. Each User further agrees that Body Bliss™ Factory Direct shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website. \
21. Editing, Deleting and Modification. Body Bliss™ Factory Direct reserves the right in its sole discretion to edit and/or delete any Feedback, documents, information or Content appearing on the Site.
23. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in the State of Arizona and shall be governed by and construed in accordance with the laws of the State of Arizona (without regard to conflict of law principles). Should a dispute arise concerning the Body Bliss™ Factory Direct Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties in Arizona, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before the American Arbitration Association, in your county of residence, by filing a separate Demand for Arbitration, which is also available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Body Bliss™ Factory Direct and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Body Bliss™ Factory Direct incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
24. Miscellaneous. 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™ Factory Direct Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Body Bliss™ Factory Direct’s 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™ Factory Direct 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.
25. Electronic Signatures. You acknowledge and agree that by clicking on the submit button, or taking such other action as may be designated by Body Bliss™ Factory Direct as a means of accepting the Agreement, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the Agreement. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE BODY BLISS™ OFFERINGS. Further, you hereby waive any right or requirement under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires: (a) an original signature; (b) delivery or retention of non-electronic records; and/or (c) payments, or the granting of credits, by other than electronic means.
26. Contact Us. If any User has any questions about the Agreement, Body Bliss™ Factory Direct Offerings or the practices of Body Bliss™ Factory Direct, that User can email us as at: [email protected]; call us at: (928) 282-1599; or send us mail to: Body Bliss Factory Direct, 320 W. State Route 89A, Suite Q, Sedona, AZ 86336.