TERMS & CONDITIONS
This is a contractual agreement between you, the user and BodyGarage Dayton.
By registering below you agree to be bound by the terms and conditions of this agreement for as long as you continue to be a Member at BodyGarage Dayton.
If you do not agree with any of these terms, do not register as a member. It is important that you read this agreement carefully before registering and using this service.The terms of this agreement are subject to change by at any time, effective upon notice to you.
Minors may not become members. This site may require that users provide sufficient information to indicate that you are at least 18 years old at it's discretion. By registering as a Member, you represent and warrant that you are at least 18 years old.
THIS SITE IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND IS MEANT TO COMPLEMENT THE ADVICE AND GUIDANCE OF YOUR DOCTOR. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET OR TREATMENT AND WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. THE CREATORS, DISTRIBUTORS, PRODUCERS, AND PARTICIPANTS OF THIS SITE DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED HERE. THE CHAT AND NEWSGROUP DISCUSSIONS ON THIS WEB SITE ARE NOT GUARANTEED TO BE MONITORED FOR UNACCEPTABLE USE, NOR WILL STATEMENTS OF FACT NECESSARILY BE AUTHENTICATED.
THE PRODUCT DESCRIPTIONS AND BLOG SECTION ON THIS WEB SITE ARE NOT GUARANTEED TO BE MONITORED FOR UNACCEPTABLE USE, NOR WILL STATEMENTS OF FACT NECESSARILY BE AUTHENTICATED.
ALL CONTENT AND MATERIALS IS THE PROPERTY OF BODYGARAGE DAYTON, ANY USE OR REUSE OF THIS CONTENT WITHOUT EXPRESSED WRITTEN PERMISSION OF BODYGARAGE DAYTON. IS STRICTLY PROHIBITED. ALL RIGHTS RESERVED.
TERMINATION OF AGREEMENT
Either party may terminate membership to this site at any time for any reason. This site reserves the right to immediately suspend or terminate your access to the service, without notice, upon your breach of any of the terms of this Agreement.
ACCEPTABLE ONLINE CONDUCT
As a Member, you acknowledge and agree the following rules of conduct:
You will use the service in a manner consistent with any and all applicable laws and regulations.
You will not include any of the following information in your profile telephone numbers, street, addresses, last names and offensive sexually suggestive material or language.
You will not engage in advertising or solicitation to other members to buy or sell any products or services.
You are solely responsible for your interactions with other members.
You will not transmit any chain letters or junk E-mail to other members.
You may not authorize others to use your membership.
You may not assign or otherwise transfer your account to any other person or entity.
You are solely responsible for the content of information you publish or display on .
You will not post, distribute or reproduce any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
Your usage of the site is at the discretion of the System Administrator(s).
Inappropriate conduct is not allowed. What is considered inappropriate conduct is at the System Administrator's discretion. It includes but is not limited to: vulgar or inappropriate language, repeated unwanted contact with members, rude or belligerent behavior.
INDEMNITY BY MEMBER
You agree to defend, indemnify and hold harmless , its officers, directors, employees, agents, franchisee's and third parties, from any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use and activities while using the service, including any breach by you of the terms of this Agreement.
CONFIDENTIALITY OF MEMBER INFORMATION
This service will keep confidential all information supplied by you to the site, except as required by law.
It is possible that other Members or users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the service. It is also possible that you may be involuntarily exposed to such offensive or obscene materials. It is possible for others to obtain personal information about you due to your use of the service, and that the recipient may use such information to harass or injure you. Because of these concerns, please carefully select the type of information that you post on the service or release to others. This site is not responsible for the use of any personal information that you may choose to disclose on the service.
This site reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service. This site shall have the right to remove any such material that violates or is alleged to violate any law or this Agreement. Notwithstanding this right, you remain solely responsible for the content of the materials you post in the public areas of the service and your private E-mail messages. E-mails sent between you and other Members that are not readily accessible to the general public will be treated as private by to the extent required by applicable laws. The System Administrator may review private content if cause has been established for such an action, based on reports or suspicion of violation of terms and conditions of this agreement.
PROPRIETARY INTERESTS AND RIGHTS
BodyGarage Dayton owns and retains other proprietary rights in the service. The service contains the copyrighted material, trademarks and other proprietary information of and its licensors. In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.
By posting information or content to any public area of the service, you automatically grant, and you represent and warrant that you have the right to grant, to and the other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of or incorporate into other works such information and content, and to grant and authorize unlimited sublicenses. BodyGarage Dayton hereby owns exclusive rights to all content, including recipes, posted by registered members.
DISCLAIMER OF WARRANTY
BODYGARAGE DAYTON, PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH US WELLNESS, LLC OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. US WELLNESS, LLC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT
This site does not warrant that your use of the service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected.
LIMITATION OF LIABILITY
IN NO EVENT WILL US WELLNESS, LLC BE LIABLE (I) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF , LLC OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BODYGARAGE DAYTON’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BODYGARAGE DAYTON, FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
IN ADDITION, BODYGARAGE DAYTON DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS") OF THE SERVICE.
STATE BY STATE VARIATIONS.
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
You agree that Ohio law (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the federal and state courts in Ohio. This Agreement, accepted upon registering for the service, contains the entire agreement between you and this site regarding the use of the Service. This Agreement may only be amended upon notice by this site to you, or by a writing signed by you and an authorized official of the site. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement: We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights nor other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may also in our sole discretion decide to terminate a user's rights to use or access to the Site prior to that time if we have a good faith belief that the alleged infringement has occurred.