TERMS OF SERVICE
Terms Of Service
Version 1.0
Last Modified: 3/28/2018
HEALTH WARNINGS AND LIABILITY DISCLAIMER:
THIS MOBILE APPLICATION (REFERRED TO HEREIN AS THE “MOBILE APPLICATION”, “MOBILE APP”, AND/OR “APP”) AND IT’S RELATED WEBSITE (INCLUDING ANY AFFILIATED OR SUBSIDIARY MOBILE APPLICATION OR WEBSITE) ARE AN ONLINE FITNESS AND NUTRITION SERVICE WITH ITS HEALTH AND FITNESS CONTENTS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY EXERCISE PROGRAM, NUTRITION PROGRAM, OR FITNESS ACTIVITY. NOTHING STATED HEREIN IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR MEDICAL ADVICE.
YOU ARE ENTIRELY RESPONSIBLE AND ASSUME ALL RISK FOR USE OF THE CONTENT ON THIS WEBSITE AND THE PERFORMANCE OF ANY ACTIVITY DEPICTED HEREIN AS WELL AS THE USE OF ANY SUPPLEMENT, NUTRITION PRODUCT, EXERCISE EQUIPMENT, FOOD RECIPE, OR RELATED PRODUCT. YOU SHOULD NOT USE THE CONTENT OR ACTIVITIES PERFORMED OR DESCRIBED THEREIN IN HIGH-RISK ACTIVITIES OR WHERE YOU HAVE ANY PHYSICAL, MEDICAL, OR HEALTH CONDITION WHICH MAY LIMIT OR AFFECT YOUR ABILITY TO PERFORM ANY ACTIVITY DEPICTED OR DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, FAMILY HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE, SMOKING, HIGH CHOLESTEROL, BREATHING PROBLEMS, OR HAVE EVER EXPERIENCED CHEST PAIN WHILE EXERCISING.
PERFORMING ANY ACTIVITY DEPICTED OR DESCRIBED ON THIS MOBILE APPLICATION INVOLVES A RISK OF PERSONAL INJURY AND YOU EXPRESSLY ASSUME ALL RISKS OF HARM. IF AT ANY TIME WHILE YOU ARE PERFORMING ANY ACTIVITY DEPICTED HEREIN YOU FEEL DISCOMFORT, LIGHT-HEADED, NAUSEOUS OR HAVE CHEST OR ANY OTHER PAINS, YOU SHOULD STOP IMMEDIATELY AND CONTACT A DOCTOR OR DIAL 911.
EXERCISE IS NOT WITHOUT ITS RISKS AND THIS OR ANY OTHER EXERCISE PROGRAM MAY RESULT IN INJURY. TO REDUCE THE RISK OF INJURY IN YOUR CASE, CONSULT YOUR DOCTOR BEFORE BEGINNING THIS OR ANY EXERCISE PROGRAM. THE INSTRUCTORS AND ADVICE PRETEND IN THESE VIDEO WORKOUTS ARE IN NO WAY INTENDED AS A SUBSTITUTE FOR MEDICAL CONSULTATION, THE INSTRUCTOR(S) DISCLAIMS ANY LIABILITY FROM AND IN CONNECTION WITH THIS PROGRAM. AS WITH ANY EXERCISE PROGRAM, IF AT ANY POINT DURING YOUR WORKOUT YOU BEGIN TO FEEL FAINT, DIZZY, OR HAVE PHYSICAL DISCOMFORT, YOU SHOULD STOP IMMEDIATELY AND CONSULT A PHYSICIAN.
YOU UNDERSTAND THAT ALTERING YOUR DIET, NUTRITION OR LIFESTYLE CARRIES INHERENT HEALTH RISKS. THESE RISKS MAY INCLUDE, AMONG OTHERS, ALLERGIC REACTIONS, FOOD INTOLERANCES AND SENSITIVITIES, CERTAIN ILLNESSES, DISEASES OR NEGATIVE HEALTH CONDITIONS, NEGATIVE REACTIONS WITH MEDICATION, OTHER PHYSICAL OR MEDICAL SIDE EFFECTS, PHYSICAL INJURIES OR AILMENTS, AND POSSIBLY FATAL REACTIONS. YOUR USE OF THIS MOBILE APPLICATION IS COMPLETELY VOLUNTARY. YOU UNDERSTAND, AND KNOWINGLY AND VOLUNTARILY ASSUME, ANY AND ALL HEALTH RISKS RELATED TO YOUR USE OF THIS MOBILE APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY RISKS ASSOCIATED WITH CONSUMING OR COOKING ANY OF THE FOODS, MEALS, SNACKS, SMOOTHIES, INGREDIENTS OR RECIPES PROVIDED ON THIS MOBILE APPLICATION.
YOU ARE STRONGLY URGED AND ADVISED TO SEEK THE ADVICE OF A MEDICAL DOCTOR OR PHYSICIAN BEFORE: (I) USING THIS MOBILE APPLICATION OR ANY OF ITS PRODUCTS, SERVICES OR PROGRAMS; (II) MAKING ANY CHANGES TO YOUR DIET, NUTRITION OR LIFESTYLE; (III) ENGAGING IN ANY FORM OF WEIGHT LOSS EFFORT OR REGIMEN; (IV) ENGAGING IN ANY FORM OF PHYSICAL FITNESS, EXERCISE OR WORKOUT EFFORT OR REGIMEN; AND (V) CONSUMING OR COOKING ANY OF THE FOODS, MEALS, SNACKS, SMOOTHIES, INGREDIENTS OR RECIPES PROVIDED ON THIS MOBILE APPLICATION.
THIS MOBILE APPLICATION IS INTENDED FOR USE SOLELY BY HEALTHY ADULT INDIVIDUALS AND IS NOT INTENDED FOR USE BY MINORS, PREGNANT WOMEN OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION. SUCH INDIVIDUALS ARE SPECIFICALLY URGED AND ADVISED TO SEEK PROFESSIONAL MEDICAL ADVICE BEFORE ANY USE OF THIS MOBILE APPLICATION.
THIS APP IS NOT A MEDICAL ORGANIZATION AND KELLY LEVEQUE AND SIMONE DE LA RUE ARE EACH NOT A MEDICAL DOCTOR, PHYSICIAN, REGISTERED DIETICIAN, CERTIFIED CLINICAL NUTRITIONIST, OR OTHER LICENSED OR REGISTERED MEDICAL OR HEALTH CARE PROFESSIONAL. NEITHER THE MOBILE APPLICATION NOR KELLY LEVEQUE SIMONE DE LA RUE ARE ACTING IN ANY SUCH CAPACITIES. THEY CANNOT GIVE YOU ANY MEDICAL ADVICE OR DIAGNOSIS, AND NOTHING CONTAINED IN THIS MOBILE APPLICATION SHOULD BE CONSTRUED AS MEDICAL ADVICE OR DIAGNOSIS. THE INFORMATION ON THIS APP SHOULD NOT BE INTERPRETED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR PHYSICIAN CONSULTATION, EVALUATION OR TREATMENT.
YOU, FOR AND ON BEHALF OF YOURSELF AND YOUR ESTATE, SUCCESSORS, ASSIGNS, HEIRS, EXECUTORS, BENEFICIARIES, TRUSTEES, ADMINISTRATORS, PERSONAL OR LEGAL REPRESENTATIVES, AFFILIATED ENTITIES, FIDUCIARIES, INSURERS, ATTORNEYS AND AGENTS, HEREBY ABSOLUTELY, IRREVOCABLY AND UNCONDITIONALLY WAIVE AND RELEASE, DISCHARGE, INDEMNIFY, HOLD HARMLESS AND COVENANT NOT TO BODY BY SIMONE LA LLC, SIMONE DE LA RUE, SUE KELLY LEVEQUE OR HIS/HER/ITS ESTATE, SUCCESSORS, ASSIGNS, HEIRS, EXECUTORS, BENEFICIARIES, TRUSTEES, ADMINISTRATORS, PERSONAL OR LEGAL REPRESENTATIVES, AFFILIATED ENTITIES, FIDUCIARIES, INSURERS, ATTORNEYS AND AGENTS (“RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, CLAIMS, DEMANDS, ACCIDENTS, INJURIES (INCLUDING DEATH), ILLNESSES, DISEASES, AILMENTS, HEALTH CONDITIONS, OBLIGATIONS, MEDICAL EXPENSES, ACTIONS, CAUSES OF ACTION, FINES, PENALTIES, SETTLEMENTS, JUDGMENTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), WHETHER IN LAW OR IN EQUITY, IN TORT OR IN CONTRACT, BY STATUTE, PURSUANT TO CASE LAW OR OTHERWISE, ARISING OUT OF, RELATED TO, IN CONNECTION WITH, OR CAUSED DIRECTLY OR INDIRECTLY BY THE MOBILE APPLICATION OR ANY OF ITS PRODUCTS, SERVICES, PROGRAMS, INFORMATION, CONTENT OR RECOMMENDATIONS, INCLUDING, WITHOUT LIMITATION, THE CONSUMPTION OR COOKING ANY OF THE FOODS, MEALS, SNACKS, SMOOTHIES, INGREDIENTS OR RECIPES PROVIDED ON THE MOBILE APPLICATION.
THE RELEASED PARTIES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, INCLUDING, WITHOUT LIMITATION, YOUR CONSUMPTION OR COOKING OF ANY OF THE FOODS, MEALS, SNACKS, SMOOTHIES, INGREDIENTS OR RECIPES PROVIDED ON THE APP, EVEN IF THE RELEASED PARTIES ARE APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. FURTHER, IN NO EVENT SHALL THE RELEASED PARTIES’ LIABILITY TO YOU (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATED TO THE APP OR THIS AGREEMENT EXCEED THE FEES ACTUALLY PAID BY YOU TO THE APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM THAT GAVE RISE TO SUCH LIABILITY.
FDA WARNING
ANY SUPPLEMENT, RECIPE, FOOD, OR OTHER PRODUCTS DISCUSSED, SOLD, OR RECOMMENDED ON THIS MOBILE APPLICATION OR THE RELATED WEBSITE MAY CONTAIN CERTAIN STATEMENTS THAT HAVE NOT BEEN EVALUATED BY THE US FOOD AND DRUG ADMINISTRATION. BY LAW, WE ARE REQUIRED TO INFORM YOU THAT THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND THAT THOSE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION.
Terms Of Service
Version 1.0
Last Modified: 12/08/2017
Thank you for using our products and services (the “Service/s”). By becoming a member or using our Services, you accept and agree to these Terms and Conditions (“Terms”). Therefore, it is important that you carefully read through these Terms. If you do not agree to these Terms, you should not register with the Body by Simone LA LLC, including its affiliates and/or subsidiaries (collectively referred to herein as “BBS”) Mobile Application (the “App”).
Using our Services
To use our Services you must follow some simple rules. The Service is only available for your private use and is not intended for commercial use. Do not misuse the Services, so that either BBS or anyone else is harmed in any way. You may only use the Services as permitted by law and these Terms. By using our Services, you agree that:
All of the personal data provided by you is accurate and up to date.
You are solely responsible for all activities on your account and all the content that is uploaded and/or created under your BBS account (“User Material”).
BBS does not monitor the contents of the Service, but may at any time choose, at its sole discretion, to remove User Material from the Service and/or your user account and to terminate your account and membership.
Your membership, including your email and password, with BBS is personal and may not be transferred or used by someone else. You are responsible for storing your login details in a safe manner. BBS is not in any way responsible for any loss or damage caused by unauthorized access to your account or use of your login details. If you learn of or suspect any unauthorized use of your account, you must immediately inform BBS’ Customer Service. Contact details are available at the bottom of this document.
BBS is not intended for use by persons under the age of 13. To use BBS, you must be at least 13 years old. To use BBS product features that integrated with other platforms you must be at least 13 years old.
Violation of any of these Terms will lead to a direct termination of your user account and subscription. If you violate these terms, you will not get a refund, if applicable.
You may not engage in any commercial activities, advertise and/or provide hints (such as links) on where commercial activities are present through our Services.
You may not contribute with any propaganda, religious and/or political views, or contribute with information which in any way contains or involves incitement to racial hatred, child pornography or pornography through the use of our Services. Further, you may not defame, harass or offend other people through the use of our Services.
If you have any criticism or feedback regarding BBS or our Services, you will first contact BBS to help us to improve our Services.
You may not transmit, and/or distribute files that may damage BBS’ or others’ computers or property (such as viruses and Trojan horses).
You may not share others’ personal information, without their approval.
Your account
You can at any time choose to cancel/end your account at your convenience. Please note that uninstalling the mobile application or closing your account will not automatically stop your subscription — you must actively cancel the subscription on the Apple App Store. Please note that if you have subscribed to BBS through the use of App Store, or any other such service provider, you can only cancel your subscription through the use of their services. To find out how to cancel the subscription and/or your account, please follow the instructions in the app or on the website. Special terms apply to any premium offering by BBS.
Health and nutritional information
You are responsible for your own health. BBS is not a medical organization, and we will not provide you with any medical advice or diagnosis. The purpose of the Services is solely to help our users to record what they eat, how they exercise and to track their health, weight and fitness progress. Information made available through the Services and by our partners and affiliates shall solely be used for recreational and educational purposes. Always consult with your doctor before starting a diet or fitness program or if you experience any pain or discomfort. BBS cannot guarantee any health, weight and/or fitness results or improvements. Our Services are only intended for healthy adults, and please do not use our Services if you suffer from, or might suffer from, any medical condition that may be impaired by diet or exercise. Nutritional information found in our database has not been verified, investigated or reviewed by BBS. BBS cannot guarantee that the nutritional information provided in our database is accurate, reliable or complete. BBS is not responsible for any personal injury (including death) or any other damages that may have been the result, direct or indirect, of any use or misuse of the Services.
BBS Premium Products
This section only applies when you purchase and/or subscribe to BBS’ paid products. By paying the subscription fee you get access to the premium products during the time your subscription is valid, subject to these Terms.
All subscriptions with BBS are paid in advance.
You may at any time terminate your membership, in which case your membership will still be valid for the subscription time you have already paid for. The subscription can be cancelled at anytime. Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. If you have subscribed to BBS through the use of App Store, or any other such service provider, using in-app purchase, you can only cancel your subscription through the use of their services. BBS reserves the right to change the subscription fees from time to time.
You hereby consent to be charged immediately upon subscribing with BBS for premium or other paid products. This means that you will only have 14 days to withdraw from the contract with BBS from the date you receive confirmation of your subscription via email if you do not start using the Services during that period. To use your right of withdrawal you must send an email to BBS. Any prepaid fees will be refunded within 30 days. All payments handled by Apple, such as in-app purchases, can only be refunded by Apple and with Apple’s consent. Default in payment shall not be deemed as a termination of any BBS paid subscription.
Intellectual Property
All rights in and to the Services, including any trademarks, service marks, trade names and copyrighted content (collectively “Intellectual Property”) presented within the Service are the property of BBS and/or third parties.
You agree not to use Intellectual Property for any other purposes except for your use of the Service, unless required otherwise by applicable mandatory law.
By submitting User Material to BBS, you warrant and represent that you hold the copyright, trademark and/or other intellectual property rights to your content. You agree to grant BBS a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use User Material to the extent necessary for BBS to operate and maintain the Service. This license shall remain valid until the respective User Material is deleted from the Service by you or by BBS in accordance with these Terms.
Disclaimer and limitation of liability
You use the Service at your own risk. The Service is provided “AS IS”, without any warranties, and BBS does not warrant that the Service and availability thereof will be uninterrupted or error free. BBS does not assume any responsibility for errors or omissions in the information or software or other documents, including User Material, which are referenced by or linked to. References or links to third parties’ websites are provided “AS IS” without warranty of any kind, either express or implied.
In no event shall BBS be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence. To the maximum extent permitted under applicable law, BBS’ aggregated liability for any direct damages shall be limited to the lesser of: (i) membership fees paid by the user; (ii) membership fees paid by the user during the previous calendar year; or (iii) $1,000 USD.
Miscellaneous
For the sake of clarity, BBS doesn’t undertake the obligation to monitor the contents of User Material. We allow users to see content generated by other users. Sometimes, users may view content that we deem as inappropriate.
You are not entitled to assign your rights and/or obligations under these Terms or use of the Service to any third party without BBS prior written consent. BBS is entitled to assign its rights and/or obligations under these Terms.
BBS reserves the right to refuse the Service to anyone for any reason at any time. BBS may revise these Terms from time to time and the most current version will always be posted on BBS’ website (https://www.bodybysimone.com/). Any and all material changes shall become into effect between you and BBS upon your acceptance of such changes (e.g. by using the Services after such notification has been made to you or renewing your subscription).
Governing law and dispute resolution
These Terms and the use of the Services are governed by the laws of New York, except for its conflicts of laws principles. All claims arising out of or relating to these Terms or the Service shall be resolved by instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in New York County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Contact details
For further information, inquiries or assistance you may contact BBS. Customer Service is available in ways specified on the website or in the apps. The channels for support might differ from time-to-time.
Contact Information
Body By Simone LA LLC
606 W 26TH ST
New York, NY
10001
United States
appsupport@bodybysimone.com
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