1. Definitions of Parties and Related Persons
The terms "we," "us," "our," "ours," and other first person personal pronouns, and "Body & Brain" shall mean and refer to Body & Brain Yoga and Health Centers, Inc. operating the website BodyNBrain.com, and its affiliates, subsidiaries, business licensors, persons or entities that referred you to the Website, persons or entities to whom you have been or will be referred by the Website, persons or entities claimed to control or act in concert with the creators, producers and operators of the Website, persons or entities participating in the creation, operation and management of the Website, creators and owners of any training methods or intellectual property used or presented on the Website, and their respective employees, agents, principals, contractors, managers, officers, directors, founders, shareholders, successors and assigns. The terms "you", "your", "yours", and other second person personal pronouns mean and refer to all persons who use or visit the Website, or any products, software, data feeds, and services provided by Body & Brain.
We may change these Terms at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Website that these Terms have been "updated"). The changes also will appear in this document, which you can access at any time by going to the link to these Terms at the bottom of every page. You signify that you agree to be bound by such changes by using a Service after changes are made to these Terms.
3. Limitations on Use
a. Only one individual may access or use a Product or Service at the same time using the same user name or password, unless we agree otherwise.
b. The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") available through and with the Products and Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any notices of copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Body & Brain in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Body & Brain in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Body & Brain. You agree not to post any Content (other than headlines from our RSS feed with active links back to the full article on our Website) to Weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent. You may not build a business utilizing the Content, whether or not for profit. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on, in any way, the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Body & Brain in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
c. You agree not to access or use the Products or Services for any unlawful purpose. We reserve the right to terminate or restrict your access to or use of a Product or a Service if, in our opinion, your access to or use of the Product or Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate these Terms. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
4. Paid Services
While it is our mission to provide users with as many content choices as possible, sometimes that involves giving users the choice of paying a fee in order to access Content that Body & Brain would not otherwise be able to make available without charging a fee. Accordingly, access to certain Content may require payment of a subscription fee (“Paid Services”).
You agree to pay the subscription fees and any other fees for additional Services you may purchase and any applicable taxes in connection with your use of Paid Services at the rates in effect when the charges are incurred. If your subscription includes access to areas containing what Body & Brain in its sole discretion determines to be premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed or used a Product or a Service using your user name and password without your authorization, you must contact Body & Brain to alert us to the problem.
When a purchase is made, Body & Brain will send you an email link to verify your email address. If you subsequently change email addresses, you acknowledge that it is your responsibility to change your email address at BodyNBrain.com. If you stop receiving the Content, it is your responsibility to contact Body & Brain to investigate. You also pledge to do everything in your power to make sure that the emails can get through your company's email filters.
You agree that your Paid Services account is for individual use only and your Paid Services account is limited to only one simultaneous stream at a time. You also agree that you are voluntarily choosing to purchase this Content and that Body & Brain makes no promises that you will like the Content or agree with the Content.
If you choose to cancel your subscription for Paid Services, you must do so in writing and you understand that no refunds will be granted for any Content you have received. If you cancel a subscription before it's completed, you understand that you will only be refunded for the unused portion of the subscription.
5. Provisions for Automatic Membership Subscription Only
Certain Paid Services are provided in the form of an automatic monthly membership subscription ("Automatic Membership Subscription"). If Automatic Membership Subscription applies to a particular Paid Service, this Website will specify that.
By providing a credit card or other payment method accepted by us ("Payment Method") for your Automatic Membership Subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional Products or Services you may purchase, and any applicable taxes in connection with your use of the Website. If you want to use a different Payment Method than the one you signed up for during registration or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the Website. As used in these Terms, "bill,” “billing" or “billed” shall indicate either a charge or debit, as applicable, against your Payment Method. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each monthly renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms.
We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription (each such month, a "Monthly Period"). In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. You acknowledge that the amount billed each Monthly Period may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If we change the subscription fee or other charges for any Automatic Membership Subscription from time to time, we will give you advance notice of these changes by email.
Your Automatic Membership Subscription will continue in effect on a month-to-month basis unless and until you cancel your subscription, the account, or access to the Product or Service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each Monthly Period in order to avoid the next billing. We will bill the monthly subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Monthly Period, which means that you will have continued access to the Paid Services for the remainder of that period, but you will not receive a refund.
6. Your Account
In order to access or use certain selections or features of our Products and Services, you may have to create a Body & Brain account. You must not use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Body & Brain immediately of any breach of security or unauthorized use of your account. Although Body & Brain will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Body & Brain or others due to such unauthorized use.
7. Collection and Use of Personal Information
8. Community; User-Generated Content
a. User Name. Where applicable, we require you to register to have access to our community area. We reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.
b. User-Generated Content.
i. User Content. We offer you the opportunity to comment on and engage in discussions regarding articles, companies and various topics. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities is referred to as "User Content" in these Terms and is subject to various terms and conditions as set forth below.
ii. Cautions Regarding Other Users and User Content. You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any user. You should also be aware that other users may access or use our Products or Services for personal gain. As a result, please approach messages with appropriate skepticism. User Content may be misleading, deceptive, or in error.
iii. Grant of Rights and Representations by You. If you upload, post or submit any User Content in connection with a Product or Service, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and that it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information in connection with your access to the Products or Services, you grant Body & Brain a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your User Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of User Content, or any portion thereof, by users and other users in accordance with these Terms, including the rights to feature your User Content specifically on the Services and to allow other users to request access to your User Content, such as for example through an RSS feed.
iv. Monitoring User Content. We may also monitor or remove any User Content for any reason and without notice to you. This includes all materials related to your access to or use of the Products or the Services or membership, including email accounts, postings, profiles or other personalized information you have created while accessing or using the Products or Services.
v. Rules of Conduct. Users must not post material that is offensive, contains personal attacks, is misleading or demonstrably false or is solely (or overwhelmingly) self-promotional.
9. Linked Destinations and Advertising
Body & Brain is not responsible for the content or practices of any website or destination other than the BodyNBrain.com site, even if it links to the BodyNBrain.com site and even if the website or destination is operated by a company affiliated or otherwise connected with Body & Brain. By accessing or using the Products or Services, you acknowledge and agree that Body & Brain is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the BodyNBrain.com site.
b. Advertisements. Body & Brain takes no responsibility for advertisements or any third party material, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while accessing or using the Products and Services are between you and the advertiser, and you agree that Body & Brain is not liable for any loss or claim that you may have against an advertiser.
a. Disclaimers of Warranties and Limitations on Liability. You agree that your access to and use of the Products, the Services and related Content is on an "as-is," "as available" basis and we specifically disclaim any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose. Body & Brain will not be liable (jointly or severally) to you or any other person as a result of your access to or use of the Products and the Services for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits and lost revenues (collectively, the "Excluded Damages"), whether or not characterized in negligence, tort, contract, or other theory of liability, even if the Body & Brain has been advised of the possibility of or could have foreseen any of the Excluded Damages, and irrespective of any failure of an essential purpose of a limited remedy.
b. Medical Disclaimer. If the BodyNBrain.com site provides health-related or medical information, no such information is intended to treat or cure any disease or to offer any specific diagnosis to any individual as we do not give medical advice, nor do we provide medical or diagnostic services. We assume no responsibility for injuries suffered while practicing these techniques. We strongly recommend that you obtain professional medical advice before you apply any techniques presented on our Website.
11. Return and Refund Policy
If you are not entirely satisfied with your purchase from BodyNBrain.com, we're happy to help. Our return and refund policy is described below:
Customers are responsible for submitting a Refund Request for their purchased good(s) from their Body & Brain account within 14 calendar days of the delivery date. *Please see ‘Returning Purchased Goods’ below for details on shipping the purchased good(s) back to us.
Once we receive your item within 28 calendar days of the delivery date, we will inspect it and notify you that we have received your returned item. If your return has not been approved, we will notify you of the denial. If your return is approved, we will initiate a refund to your original payment method and you should receive a credit within 15 business days, according to your card issuer's policies.
Returning Purchased Goods
Once the Refund Request has been submitted from your Body & Brain account, you must return the unsatisfactory purchased good(s) to our warehouse within 28 days of the delivery date of the purchased good(s), regardless of the postmark date.
To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the complete original packaging and have the receipt or proof of purchase. Cosmetic and wellness supplement products are not eligible for refund if they are opened.
Customers are responsible for paying for the costs of returning purchased good(s). Shipping costs are nonrefundable.
If you have any questions on how to return your item to us, contact us at CustomerService@BodyNBrain.com or (877) 477-9642.
Where to Return Items
HSP World USA
560 E Germann Rd #102 Gilbert AZ 85297
12. Disputes and Jurisdiction
Resolving Disputes. Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, we want to address your concerns without resorting to formal legal proceedings. Before filing a claim against Body & Brain, you agree to try to resolve any dispute or claim relating to these Terms, your relationship with Body & Brain or your access to or use of the Products and Services ("Dispute") informally by contacting us at CustomerService@BodyNBrain.com. We will also try to resolve Disputes informally by contacting you by email. If a Dispute is not resolved within 30 days of submission, you or Body & Brain may bring a formal proceeding.
We Both Agree to Arbitrate. You and Body & Brain agree to resolve any and all Disputes through final and binding arbitration, except as set forth under the “Exceptions to Agreement to Arbitrate” paragraph below. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Body & Brain will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
No Class Actions. You agree that you will only resolve Disputes with us on an individual basis, and will not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You further agree not to participate in class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations.
No Jury Trial. If for any reason a Dispute proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Exceptions to Agreement to Arbitrate. Either you or Body & Brain may assert claims, if they qualify, in small claims court in Maricopa County, Arizona or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Products or Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
Jurisdiction. You agree that these Terms, as well as any and all claims arising from these Terms will be governed by and construed in accordance with the laws of the State of Arizona, United States of America, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of these Terms will be an appropriate federal or state court located in Maricopa County, Arizona. These Terms will not be governed by the United Nations convention on contracts for the international sale of goods.
13. General Provisions
a. Site Policies. Please review our other policies posted on this Website. These policies also govern your visit to BodyNBrain.com. We reserve the right to make changes to our Website, policies, and these Terms at any time.
b. Severability. If any provision of these Terms or its application is invalid, void or unenforceable, the remainder of these Terms will not be impaired or affected and will remain in full force and effect.
c. Entire Agreement. These Terms contains the final and entire agreement between us regarding your use of and access to the Products and the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of and access to the Products and the Services.
d. Waiver. Unless otherwise specified in these Terms, the failure by a party to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
e. Change to Services. We may discontinue or change the Services, or their availability to you, at any time for any reason and without notice to you.
f. No Assignment. These Terms are personal to you, which means that you may not assign your rights or obligations under these Terms to anyone. No third party is a beneficiary of these Terms.
g. Survival of Termination. The following provisions will survive expiration or termination of these Terms: Sections 7 through 10 and 14 of these Terms and other provisions that by their nature are intended to survive termination of these Terms.