PERFECT BODY, INC.
Please review the following terms and conditions carefully. This Agreement is a legally binding contract between you (“You” or “Your”) and Perfect Body, Inc. (“Perfect Body” or “We” or “Us”) regarding your visit to and use of its web and the various products and services referenced on its web site. By accessing the Site, You indicate Your acknowledgment and acceptance of this Agreement, including any changes or modifications that may be made by Perfect Body from time to time (as permitted below).
All trademarks and service marks used on the Site belong to Perfect Body or its affiliates, except third party trademarks and services marks, which are the property of their respective owners. You are not authorized to use any such trademarks without Perfect Body’s or their respective owners’ prior written consent.
You understand that the Site, including, all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials, whether publicly posted or privately transmitted, are the exclusive property of Perfect Body, its affiliates or its third party licensors, and are protected by international copyright laws and other intellectual property rights. You may download or print individual pages of the Site for Your personal use; provided that You do not modify or delete any of copyright and other proprietary notices on those pages. Notwithstanding the foregoing, Perfect Body does not guarantee the accuracy, integrity or quality of any such information. This Site’s content may have originated from Perfect Body or its affiliates or third parties and is made available to You as a courtesy to assist You in making an informed decision. This Site’s content is present only as of the date published or indicated and may be superseded by subsequent events or for other reasons.
Permitted Use of the Site
By using the Site, You agree at all times to use the Site lawfully consistent with this Agreement.
Improper Use of the Site
You will not upload onto the Site, or otherwise use the Site or any products or services provided by Perfect Body, any destructive or unlawful purposes including, but not limited to, the dissemination of computer viruses, libelous or inflammatory materials, pornographic or obscene information, invasive of privacy, stalking or harassment, abuse, tortuous conduct, hateful or racially, ethnically or otherwise objectionable material, or any works infringing upon the patents, copyrights, trademarks, trade secrets or other proprietary rights of third parties. You will not download any portion of the operating software for the Site or otherwise control its operation. You will not impersonate any person or entity, including, without limitation, one of Perfect Body’s employees, or falsely state or otherwise misrepresent Your affiliation with a person or entity. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site. You will not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, using the Site. You may not use any “robot” “spider” or other automatic device or a program, algorithm or methodology having similar processes of functionality or any manual process to monitor or copy any of the Site or any information found on the Site. You will not upload, post, email 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 using the Site. You will not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site. You will not collect or store personal data about other users of the Site. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or any products or services referenced on the Site. You may not obtain or attempt to obtain unauthorized access to any portions of the Site or any other protected materials or information requiring passwords or login, through any means not intentionally made available by Perfect Body for Your specific use. IMPROPER USE OF THE SITE OR THE INFORMATION, PRODUCTS OR SERVICES OFFERED ON THE SITE MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Certain portions of the Site may be protected by passwords or require a login. If You have been given a password or other PIN for access to non-public areas of the Site, You are solely responsible for all activities occurring in connection with or originating from such password on PIN. You should take steps to protect the confidentiality of such password or PIN and notify Perfect Body immediately if You become aware of any disclosure, loss, theft or unauthorized use.
By using the Site, You confirm that You possess the legal authority to enter into the conditions of use for the Site and to use the Site in accordance with all terms and conditions. You confirm that all information supplied by You in using the Site is true and accurate.
This information published on the Site is provided as a convenience to visitors and should be used for information purposes only. While Perfect Body uses all reasonable efforts to ensure that the information contained on the Site is current, accurate and complete at the date of publication, no representations or warranties are made (express or implied) as to the reliability, accuracy or completeness of such information. Perfect Body is not liable for any loss arising directly or indirectly from the use of, or any action taken in reliance on, any information appearing on the Site. THE INFORMATION ON THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR ACCURACY. UNDER NO CIRCUMSTANCES WILL PERFECT BODY BE LIABLE IN ANY WAY FOR ANY INFORMATION, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE. YOU AGREE THAT PERFECT BODY AND ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OR PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE DELAY OR INABILITY TO USE THE SITE OR ANY OF THE PRODUCTS OR SERVICES OFFERED ON THE SITE, EVEN IF PERFECT BODY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY STATED IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
As a condition of Your permitted use of the Site, You agree to indemnify and hold Perfect Body and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any information that You submit, post to or transmit through the Site, Your use of or connection to the Site, Your violation of this agreement, or Your violation of any rights of a third party.
We will try to keep the Site available but cannot guarantee that the Site will operate continuously or without interruptions or be error free. Perfect Body reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any products or services offered on the Site with or without notice. You agree that Perfect Body shall not be liable to You or to any third party for any modification, suspension, discontinuance or unavailability of the Site or any products or services offered on the Site. All areas of the Site may currently be made available without charge; however, Perfect Body reserves the right to charge viewers and/or users for access to or use of any portion of the Site in the future, without prior notice.
The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. The information provided to you in the links on the Site are provided solely for informational purposes only. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by Perfect Body. Your correspondence or business dealings with, or participation in promotions of, any advertisers or other persons found on or through Your use of the Site, including payment and delivery of related goods or services and contracts for services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertisers or persons. You agree that Perfect Body shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or persons in conjunction with the Site. Unless You have agreed otherwise in writing with Perfect Body, links from another website to the Site must resolve to the top-level homepage only.
Modifications to the Content and Product Offerings on the Site
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspects of the Site or the content or the products or services available through the Site without prior notice.
The Site may contain “forward looking statements” relating to the business of Perfect Body or its affiliates, which can be identified by the use of forward-looking terminology such as “believes”, “expects” or similar expressions. Such forward looking statements involve known and unknown risks and uncertainties, including uncertainties relating to product development, regulatory actions or delays, the ability to obtain or maintain proprietary intellectual property protection, market acceptance, physician acceptance, third party reimbursement, future capital requirements, competition in general and other factors that may cause actual results to be materially different from those described herein as anticipated, believed, estimated or expected. Certain of these risks and uncertainties are or will be described in greater detail in the applicable filings with the Securities and Exchange Commission or similar regulatory bodies in other countries, as required by law. Perfect Body is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward-looking statements whether as a results of new information, future events or otherwise. Actual results may differ from forward-looking statements.
Perfect Body is based in North Bergen, New Jersey. You agree that this Agreement is governed by the laws of the State of New Jersey and the applicable laws, regulations and treaties of the United States of America, and that proper and convenient venue lies exclusively with the courts located in Hudson County, New Jersey. You agree to be subject to the personal jurisdiction of the State and Federal courts sitting in Hudson County, New Jersey, in the event that any litigation results concerning any aspect arising out of Your use of the Site. You agree that the statute of limitations for any claim against Perfect Body shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived. Your access to and use of the Site is subject to Your compliance with all applicable law. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.
We hope that You find the Site to be useful and easy to use. If You have any questions, comments or suggestions. please contact us. See the “Contact” page of the Site for details.
Failure or delay by Us to enforce an obligation or exercise a right under these terms and conditions does not constitute a waiver of that obligation or right. Perfect Body reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to the Site.
If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
We may alter these terms and conditions form time to time and post the new version on the Site, following which all use of the Site will be governed by that version. It is your responsibility to check the terms and conditions on the Site regularly and prior to booking.
If Perfect Body or its affiliates take action to enforce this Agreement, such parties will be entitled to recover from You, and you agree to pay, all reasonable and necessary attorney’s fees and court costs, in addition to any other relief, at law or in equity, to which such parties may be entitled.
Perfect Body reserves the right to modify the terms of this Agreement at any time in its sole discretion by posting a change notice to this page. Your continued use of the Sites following the posting of a change notice will constitute binding acceptance of all changes.
This Agreement is effective as of December 1, 2018.
PERFECT BODY, INC.
INTERNET PRIVACY STATEMENT
1. INFORMATION COLLECTED:
We collect two types of information about users: “Personal Information” (such as name, email address, mailing address, phone, personal preferences and other account-related information) and “Aggregate Information” (such as information about how many users log on to the Site on a daily basis). Personal Information is collected online when users voluntarily submits non-public personal information on the Site by establishing a customer account, requesting information, or otherwise engaging our services, receiving electronic notices or other similar communications and other similar activities. Aggregate Information is non-personally identifiable/anonymous information about You, such as age, gender, pages most frequently accessed by You or search terms entered by You. Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information (for example, the number of people who logged into the Site in a particular day). Aggregate Information does not personally identify a specific user. Your Personal Information will be retained for fulfillment of the intended purposes for which such Personal Information is collected. We will establish minimum and maximum retention periods based upon the type of information collected (i.e. sensitivity), the intended purposes and as otherwise may be legally required.
4. USE OF INFORMATION:
We take your privacy very seriously. We will use the Personal Information provided by You in accordance with good commercial practice and applicable law. If you provide Us with Your E-mail address, or have done so in the past, We may upon occasion send You E-mail offers. We may use information provided by You, for example, to provide a service, to ensure proper billing, to measure consumer interest in our various services and to inform You about various products and services offered on the Site. These offers may be based on information provided by You in Your initial transaction with Us, in surveys, from information that may indicate purchasing preferences and lifestyles, as well as information available from external sources such as census bureau data. These E-mail offers will come exclusively from Perfect Body or its affiliated companies. All offers are carefully developed to ensure that they meet our standards. Our goal is to target offers to Site user who We believe will find them of value. The lists used to send You product and service offers are developed and managed under conditions designed to safeguard the security and privacy of Your Personal Information. By providing information using the Site, You warrant to Perfect Body that Your Personal Information is reliable for its intended uses, accurate, complete and correct, and that you will promptly notify use if such Personal Information is no longer current or correct.
5. NO DISTRIBUTION:
As a general policy, Perfect Body does not share, sell or trade Personal information with third parties without permission from the user; however, We may provide Your Personal Information to third parties directly involved in the operation, support and/or maintenance of the Site, including our web site designers, hosts, service providers, technical consultants and business partners. Any Personal Information, however, will be used by such organizations only to perform their functions and/or to provide services in support of the Site or as otherwise approved by You and for no other purpose. We reserve the right to assign or transfer Your Personal Information to any successor in interest to our business associated with the Site by merger, reorganization, sale of assets or operation of law. Aggregate information may at times be shared with Perfect Body business partners and other third parties. We also may divulge Personal Information if such information is required for us to comply with any valid legal process, such as a subpoena, search warrant, statute or court order, or if we reasonably believe that You have commit unlawful acts or acts that may endanger the health or safety of another user or of the general public.
Perfect Body provides customers with an easy means to decline receiving E-mail offers. Although most customers tell Us that they appreciate receiving notice of these opportunities, We recognize the importance of providing You with the choice to “opt-out”. If You do not want Perfect Body to send You any E-mail or postal mail about our products and services, You can opt out at the time by contacting our Privacy Officer at the Contact Address. All E-mail offers that You receive from Perfect Body will inform You of how to “opt-out” or decline receiving further E-mail offers. If, at a later date, You choose to have Your name removed from our database, You can do so by contacting our Privacy Officer at the Contact Address. However, with respect to any Personal Information that is sensitive in nature, we will require You to “opt-in” to having such Personal Information used or shared by Perfect Body.
7. CORRECTIONS TO PERSONAL INFORMATION COLLECTED ONLINE:
Additionally, You may request to view the Personal Information collected about You through Your use of the Site by sending an E-mail to Perfect Body at the Contact Address. We will send such Personal Information (or a summary thereof) for review only to the email address that we have on file for the account name that is associated in our database for such information. If at any time You wish to change, correct or update Your Personal Information, or have it removed from our database, please contact us by sending an email to the Contact Address. Please be sure to include Your email address, full name and postal address.
8. ACCOUNTABILITY/CHALLENGING COMPLIANCE:
Perfect Body does not knowingly solicit data from children or knowingly market to children. Perfect Body is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act of 1998, We do not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that We receive actual knowledge that We have collected such Personal Information without the requisite and verifiable parental consent, We will delete that information from our database as quickly as is reasonably practical.
10. LINKED INTERNET SITES:
11. MISCELLANEOUS TERMS:
12. EFFECTIVE DATE AND CHANGES: