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PLEASE REVIEW THESE TERMS AND CONDITIONS BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. THE INFORMATION AND SERVICES ON THIS SITE ARE PROVIDED BY MyBodyNetwork, LLC., ("MyBodyNetwork.com") AND ITS MEMBERS, SUBJECT TO YOUR AGREEMENT TO THE TERMS AND CONDITIONS BELOW.
Acceptance of Terms
This Agreement is a legally binding document that defines your rights and obligations regarding your use of this site.
You agree to accept the terms of this Agreement by joining MyBodyNetwork.com as a registered member, or by using this site in any manner whatsoever. You may use or access this site only if you agree to abide by the terms and conditions stated in this Agreement. If you do not agree to the terms outlined herein, please do not use or access this site in any manner. The presence of any individual or entity’s name, likeness, or personal data on this web site does not indicate that such individual or entity is a registered member of MyBodyNetwork.com.
We may revise or modify these Terms & Conditions at any time for any reason and in our sole discretion. We will post the revised Terms and Conditions on the site with or without notice by E-mail or other means to you. You agree that you will periodically review these Terms & Conditions for changes when visiting MyBodyNetwork.com. If at any time you do not agree to the revisions we make to these Terms & Conditions, please do not use or access MyBodyNetwork.com in any manner.
Privacy Policy
Please read our privacy policy at http://www.MyBodyNetwork.com/legal/privacy-policy.aspx
Advertisements
This web site contains advertisements placed by or on behalf of our members and advertisers. Be advised that MyBodyNetwork.com may accept compensation from members and advertisers in exchange for granting permission for advertising services or products on MyBodyNetwork.com.
Unless expressly stated otherwise, MyBodyNetwork.com does not recommend or endorse any specific service or product of our members or advertisers or any other individual or entity which may be found on this web site. MyBodyNetwork.com assumes no liability to you or anyone for the services or products provided by our members or advertisers. You hereby waive any and all claims you may have against MyBodyNetwork.com regarding any member or advertiser services and/or products, and you agree to look solely to the member or advertiser furnishing products or services to you for satisfaction of any claims related to such products or services.
Arbitration
You agree that any dispute or claim that may arise out of or relating to this Agreement shall be settled by arbitration in the State of Nevada.
Assignment
MyBodyNetwork.com has the right to assign its rights under this Agreement. You may not assign your rights under this Agreement without our prior written consent.
Billing
Rates for certain services may vary and are subject to change at any time. Such changes shall be effective immediately upon notice being given. Notice shall be deemed given when modifications to these Terms & Conditions are posted on the MyBodyNetwork.com web site. Your continued use of this site after such notice occurs will be considered acceptance of any changes or modifications. You agree to provide complete and accurate billing information to MyBodyNetwork.com. This includes your name, address, telephone number, fax number, E-mail and credit card information. The credit card you provide to us will be used any time you purchase goods or services from us. You acknowledge that MyBodyNetwork.com will bill your credit card prior to the Payment Interval you have chosen. You authorize automatic billing by MyBodyNetwork.com on an on-going basis during the term of your membership. In the event of a dispute with your credit card billing or your MyBodyNetwork.com account, please contact us via E-mail or in writing within sixty (60) days of the date of your credit card billing statement. Specify the nature of the dispute, the exact amount in question, and include a copy of any pertinent information with your letter. Send all inquiries to Accounting Department, MyBodyNetwork.com, 433 W. University Ave Rochester, Michigan 48307 or info@MyBodyNetwork.com.
Bookmarking and Linking
You may link to create a bookmark in your browser to MyBodyNetwork.com. MyBodyNetwork.com also encourages links to our site. However, you may not create a framed link to any of MyBodyNetwork.com’s pages without our prior written consent.
Choice of Law
This Agreement is governed by the laws of the State of Nevada.
Consumer Use
MyBodyNetwork.com consists of public areas and members only areas. Upon acceptance of these Terms & Conditions, you may use the public areas of the site. Access or use of the members only areas of MyBodyNetwork.com requires you to become a registered member. Unless and until you become a registered member, you may not access, and you agree not to access, the members only areas of MyBodyNetwork.com.
International Access
MyBodyNetwork.com is based in Rochester, Nevada and as such makes no claims that the information or services provided in the site are applicable to areas outside of the United States. If you access MyBodyNetwork.com from outside the U.S. you are solely responsible for complying with any laws in your jurisdiction.
Links to Third Parties
MyBodyNetwork.com provides links to other sites for your convenience. These third parties are not under MyBodyNetwork.com’s control and we are not responsible for such third party web sites. Your use of such sites is at your own risk. Unless expressly stated otherwise, MyBodyNetwork.com’s inclusion of links to such other sites does not indicate our endorsement, approval or recommendation of such third parties or their web sites.
Links to Members’ Sites
MyBodyNetwork.com provides links to its members’ private web sites for the convenience of its members and users. Members’ private web sites are not under MyBodyNetwork.com’s control and MyBodyNetwork.com is not responsible for the content of such members’ web sites. MyBodyNetwork.com does not in any way endorse any content contained on any member’s web site, including but not limited to, any individual or entity name on such member’s site. MyBodyNetwork.com hereby disclaims any responsibility or liability for any content contained on any member’s private web site and does not sanction any use of any name, likeness, or personal data on such member’s web site. By becoming a member of MyBodyNetwork.com, each member agrees to indemnify, defend and hold harmless MyBodyNetwork.com, and its affiliates from any liability, loss, claim and expense (including reasonable attorneys' fees) related to any content contained on such members private web site, including but not limited to, any liability, loss, claim or expense for violation of any copyright, trademark, patent or trade secret law or other proprietary right or for use of any name, likeness, or other personal data. By becoming a member of MyBodyNetwork.com, each member hereby agrees to post these Terms & Conditions on any private web site of such member which is linked to this site.
Message Boards
If you post information or materials on MyBodyNetwork.com message boards, mail lists or other forms of communication through this site, you agree to do so solely for lawful purposes. You expressly agree that you will refrain from posting:
1. Any material, including but not limited to, text, graphics, audio or video, that would infringe on or violate the copyright or any proprietary right of another party or of any law;
2. Any libelous, defamatory, abusive, obscene, harassing or indecent material of any kind, including but not limited to, any material which would constitute or suggest a criminal act, give cause to a civil action, or otherwise violate any state, local, federal or international law;
3. Any material or information that would violate another person’s privacy; or
4. Any material designed to advertise or sell without MyBodyNetwork.com’s permission.
In addition, while using this site, you agree not to participate in any pyramid, chain, charity or other type scheme; violate any applicable laws regarding the transmission of the technical information exported from the U.S. through MyBodyNetwork.com; interfere, disrupt or tamper with networks connected to MyBodyNetwork.com; or post any material which may include but not be limited to a virus, cancelbot or other harmful program.
By submitting any material to MyBodyNetwork.com or this site, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you grant to Company and its affiliates a non-exclusive, perpetual, worldwide license to edit, telecast, rerun, reproduce, use, create derivative works from, syndicate, license, print, sublicense, distribute and otherwise exhibit the materials you submit, or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party. You acknowledge and agree that any of your submissions are non-confidential and MyBodyNetwork.com shall have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission.
By making a submission to MyBodyNetwork.com or this site, you represent and warrant to MyBodyNetwork.com that you have the full legal right, power and authority to grant to MyBodyNetwork.com the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.
By using this site you further acknowledge and agree that members, advertisers, and other users are solely responsible for anything contained in their submissions, message board and/or chat sessions. MyBodyNetwork.com does not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. MyBodyNetwork.com shall not be liable for the contents of any member, advertiser, or user submissions, message board and chat sessions, and shall not be liable any such submissions or chat sessions include material protected by copyright, trademark, patent or trade secret law or other proprietary right.
Submissions to this site by any member, advertiser, or user do not represent the views of MyBodyNetwork.com, or any individual associated with MyBodyNetwork.com or this site. By making a submission to this site, you agree that in no event shall you in any way represent or suggest, directly or indirectly, that MyBodyNetwork.com or the site in any way endorses your submissions. By using this site, you acknowledge and agree that MyBodyNetwork.com does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content on this site. Through your use of the site, You may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the site, you assume all associated risks.
No Relationship
The status of any member or advertiser of MyBodyNetwork.com as a member or advertiser does not establish an employment relationship, partnership, joint venture, or any other business association or relationship between MyBodyNetwork.com and such member or advertiser. No member or advertiser shall have or hold itself out as having, any authority to enter into any contract, agreement, or other obligation, either express or implied, on behalf of MyBodyNetwork.com; to accept any payments on behalf of the MyBodyNetwork.com; or to make any warranties on behalf of the MyBodyNetwork.com. No member or advertiser shall incur any liability on behalf of the MyBodyNetwork.com or in any way pledge or purport to pledge the credit of the MyBodyNetwork.com.
Passwords
As a registered member, you are solely responsible for maintaining the confidentiality of your account password and any other identifying information. You are responsible for any charges or losses that may be incurred as a result of your failure to maintain strict confidentiality of your account password or information. MyBodyNetwork.com is not liable for any harm which may be caused or related to the theft or disclosure of your account password or identifying information, or your releasing your password or identifying information to another individual who then uses the site.
You further agree to notify MyBodyNetwork.com immediately if you become aware of any unauthorized use of your account password or identifying information.
Indemnification
You agree to indemnify, defend and hold harmless MyBodyNetwork.com, its affiliates, members, and advertisers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to (i) your violation of these terms & Conditions, and (ii) your posting of material to this site.
Waiver
MyBodyNetwork.com’s failure to insist on a strict performance of any of the terms, covenants, or conditions of these Terms & Conditions shall not be deemed a waiver of any subsequent breach or default in the terms, covenants, and conditions of these terms & Conditions. Any waiver by MyBodyNetwork.com of a breach or attempted breach by you of any provision of these Terms & Conditions shall not be construed to be a waiver by us of these entire Terms & Conditions.
Membership Termination
Violation of any of the terms hereof may lead to the termination of your membership.
Proprietary Rights
All materials on this site (as well as the organization and layout of the site) are owned and copyrighted by MyBodyNetwork.com or its suppliers and may, except where expressly indicated, be accessed, downloaded or printed for your personal non-commercial use only. Without the prior written permission of MyBodyNetwork.com or its suppliers, you may not copy, distribute or transfer any material on this site, in whole or in part.
Use of Information and Services
The information and services on the site are intended solely as a general educational aid and are neither medical nor health care advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified health care provider familiar with your unique facts. Always seek the advice of your dentist, physician or other qualified health care provider with any questions you may have regarding a medical condition and prior to starting any new treatment. Nothing contained in this site is intended to be used for medical diagnosis or treatment.
Warranty Disclaimer and Limitation of Liability
MyBodyNetwork.com AND ITS MEMBERS AND ADVERTISERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
IN NO EVENT SHALL MyBodyNetwork.com OR ITS MEMBERS OR ADVERTISERS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS OR DATA, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH THIS SITE, MyBodyNetwork.com’s LIABILITY, OR THE LIABILITY OF MyBodyNetwork.com’s MEMBERS OR ADVERTISERS IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT THE ELECTION OF MyBodyNetwork.com OR ITS MEMBERS OR ADVERTISERS, TO THE REPAYMENT OR CREDITING OF BUYER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATE STATUTES MIGHT APPLY REGARDING LIMITATION OF LIABILITY.
ACKNOWLEDGEMENT OF ARBITRATION. YOU UNDERSTAND AND ACKNOWLEDGE THAT THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE. YOU UNDERSTAND THAT YOU WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MIGHT ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT, UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL OR CIVIL RIGHTS. INSTEAD, YOU AGREE TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR.
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