iBodyShapeWear.com is an online retailer. The iBodyShapeWear web site (the “Site”) offers information regarding iBodyShapeWear products.
The following User Agreement governs web site users’ (“Your”) access to and use of iBodyShapeWear and any other content (collectively, “Content”) available on or through iBodyShapeWear.
Please read through this User Agreement (“Agreement”) before accessing, using or browsing iBodyShapeWear content or before selecting the “I AGREE” button associated with this Content or iBodyShapeWear services.
By accessing, browsing or using iBodyShapeWear Content or clicking on “I AGREE,” you, on behalf of yourself or your entity, as applicable, agree that:
- You have read and understand all of the terms of this Agreement;
- You agree to be bound by all of the terms of this Agreement;
- This Agreement is the legal equivalent of a written and signed contract between You and iBodyShapeWear; and
- If accessing, browsing or using iBodyShapeWear Content on behalf of an entity, you have full authority to bind Your entity to all of the terms of this Agreement.
If you cannot be bound or are not willing to be bound by this Agreement then do not select the “I Agree” button associated with this Agreement or access, browse, or use iBodyShapeWear or access any of the content. iBodyShapeWear does not grant you any right or license to access browse or use iBodyShapeWear or the Content without your express consent to abide by the terms of this Agreement.
All comments, concepts, feedback, graphics, ideas, illustrations, remarks, suggestions and other materials that You communicate to iBodyShapeWear (collectively, the “Submissions”) become the property of iBodyShapeWear and You waive any and all rights, except moral rights, if applicable. Further, You hereby forever assign all rights in regards to the Submissions, now known or future existing.
iBodyShapeWear will not be required to treat any Submissions as confidential and will not be liable for any of its business ideas (including and not limited to product or advertising ideas) and will not incur any liability as a result of any similarities (whether actual or perceived) that may or may not appear in future EyeConicWear operations or other business ventures. Except as otherwise provided for in this Agreement, iBodyShapeWear will have full right of use for the Submission for any commercial or other purpose in its sole discretion without compensation to You.
Any Submissions You provide are voluntary. You are responsible for the content of the Submissions and agree to defend (at iBodyShapeWear’s sole option and discretion), indemnify and hold iBodyShapeWear harmless from any costs, damages, losses, or expenses including attorney’s fees, which iBodyShapeWear may incur as a result of Your Submissions.
You also agree that you are responsible to the full extent under the law for all activities that occur under your account whether or not You are the individual or other entity who undertakes such activities. This includes any unauthorized access or use of Your account on either a personal or public computer system.
iBodyShapeWear retains the right to review and/or delete faulty, illegal, offensive, suspicious or other inappropriate Submission that violates the terms and conditions of this Agreement.
You must be at least 18 years of age to use the iBodyShapeWear web site and any Content or Licensed Content.
USER ID AND PASSWORDS
Access to certain areas of iBodyShapeWear or the Content may be limited by a user identifier (“User ID”) and password, which are selected as part of the registering for a Subscription with iBodyShapeWear. By registering, You covenant, represent, and warrant that: (i) You are at least 18 years of age; (ii) You are using Your actual identity; (iii) You have provided only accurate, complete, current and true information about Yourself during the registration process; and (iv) You will maintain and promptly update the information that You provide to keep it accurate, complete, current and true.
By logging into your Subscription account using any password, You covenant, represent, and warrant that You are authorized to use such password and to engage in the activities that You conduct with the Subscription Account. You agree that You will be solely responsible for the maintenance and security of Your User ID and password. You also agree that You will be solely responsible for any activities conducted on or through Your Subscription Account. Your User ID and password are unique to You, and You agree not to disclose or share Your User ID and password.
iBodyShapeWear reserves the right to deny, revoke or prevent access to iBodyShapeWear, or any part thereof, at any time in our sole discretion, with or without cause. Your access to iBodyShapeWear will terminate upon the termination of this Agreement for any reason. If You wish to cancel a password, or if You become aware of any loss, theft or unauthorized use of a password, please notify iBodyShapeWear immediately.
You may choose to access some of the content of iBodyShapeWear without creating a User ID and password or Subscription Account. By accessing, using or browsing iBodyShapeWear or any of the content You are agreeing to be bound by all the terms and conditions of this Agreement.
iBodyShapeWear may monitor or review any areas on iBodyShapeWear where You or other users convey, transmit, or post communications or communicate solely with each other for the purpose of promoting its efficiency, usefulness and suitability of use. However, iBodyShapeWear does not undertake to screen or review every posting, communication or Submissions, and iBodyShapeWear disclaims any liability related to the content of any posting, communications or Submissions, whether or not arising under the laws of copyright, libel, obscenity, privacy, trademark or otherwise.
While iBodyShapeWear may monitor the content of the communications from time to time, iBodyShapeWear does not agree with, encourage, endorse, sanction, support, verify the comments, opinions or Submissions posted on iBodyShapeWear. Any information or material placed online, including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of iBodyShapeWear, its officers, managers, owners, employees, agents, designees or other users. iBodyShapeWear, in its sole discretion, reserves all rights to discontinue this service generally or to any user at any time.
iBodyShapeWear may disclose any records, electronic communications, information, materials or other content of any kind (i) if iBodyShapeWear believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate iBodyShapeWear; or (iii) to protect the rights or property of iBodyShapeWear, its users or business partners. However, we are not responsible for editing, monitoring, policing or screening iBodyShapeWear.
iBodyShapeWear may, at its discretion, edit, monitor or review any areas of iBodyShapeWear where You transmit or post communications or communicate with iBodyShapeWear or other users, including, but not limited to blogs, bulletin boards, chat rooms, forums, instant messaging sessions, newsgroups and other user-interactive areas (collectively “User-Interactive Areas”), and the content or any such communications. iBodyShapeWear, however, will have no liability related to the content of any such communications, whether or not arising under laws of copyright, libel, obscenity, privacy, trademark or otherwise.
If You submit any material to any of the User-Interactive Areas, You agree and represent that Your material: (i) is not offensive, obscene, or otherwise contrary to the laws of where such User-Interactive Areas may be accessed; (ii) is the original work of Your authorship or that You have the right to make the submission without violating the copyright, trademark, patent or other intellectual property rights of any person or entity; and, (iii) is true and truthful and does not constitute libel, slander, invasion of privacy, defamation, or any violation of law.
iBodyShapeWear retains the right to remove communications that include any material deemed abusive, offensive, obscene, defamatory, faulty or otherwise inappropriate. Thus, if notified of an allegation that iBodyShapeWear contains damaging, defamatory, electronic communications, illegal or offensive records, information, infringing, materials or other content, iBodyShapeWear may, in its sole discretion, investigate the allegation and determine whether to remove or request the removal of the same from iBodyShapeWear. Notices to iBodyShapeWear regarding any alleged copyright infringement should be sent to admin@iBodyShapeWear.com.
You may find our Privacy Notice.
Except as otherwise provide for herein, iBodyShapeWear and the Content contained and referenced herein are for informational purposes only. Any reproduction, re-transmission or other use is strictly prohibited. If you wish to reproduce any of the Content contained herein, please send e-mail request to admin@iBodyShapeWear.com.
OTHER INTELLECTUAL PROPERTY RIGHTS
All interest, right and title in and to the Content and all intellectual property rights embodied therein, are the property of iBodyShapeWear or its affiliates, licensors or suppliers.
Without limiting the foregoing, with respect to the databases (“Databases”) used to store the Content and Submissions, You agree and acknowledge that:
- The Content, Submissions, Databases and any other information contained therein shall remain valuable intellectual property owned by, or licensed to iBodyShapeWear, and that no proprietary rights are being transferred to You in such materials or in any of the Content contained therein;
- You will not, either indirectly or directly, use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;
You will not, directly or indirectly, use the Content, Submissions, Databases and any other information contained therein to compile mailing lists or other lists of food manufacturers or retailers for commercial purposes;
- You will not, either indirectly or directly, use the Content, Submissions, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
- You will not, either indirectly or directly, use the Content, Submissions, Databases and any other information contained therein in violation of any applicable laws or regulations;
- You shall not publish or distribute in any medium Content, Submissions, Databases, any other information contained therein, and/or summaries or subsets thereof to any person or entity;
- In the event of any misappropriation or misuse of the Content, Submissions, Databases and any other information contained therein will cause serious damage to iBodyShapeWear and that in such event money damages may not constitute sufficient compensation to iBodyShapeWear; consequently; and
- In the event of any misappropriation or misuse, iBodyShapeWear shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which iBodyShapeWear may be entitled.
In addition, You acknowledge that the Content, Submissions, Databases and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity.
NOTICE OF ENFORCEMENT
iBodyShapeWear robustly enforces our intellectual property rights to the fullest extent under the law. Except as specifically contained herein, iBodyShapeWear will prosecute any unauthorized use or reproduction of any of the Content, Submissions, Databases and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
On iBodyShapeWear, “links” to other Internet addresses (“External Sites”) can be accessed. Such External Sites contain information created, maintained, published, or otherwise posted by organizations independent of iBodyShapeWear. iBodyShapeWear does not approve, certify, endorse, maintain, or control these External Sites and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such External Sites. iBodyShapeWear provides the links only as a convenience. Use of any information obtained from such External Sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, timeliness, or correct sequencing of information. Neither the inclusion of the link in iBodyShapeWear nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by iBodyShapeWear.
There may be circumstances where access to iBodyShapeWear is provided by a hypertext link located at an External Site. iBodyShapeWear has no responsibility for the content of such other web site, iBodyShapeWear does not make any representations or give any warranties or conditions with respect to any information contained in or at such other External Site and iBodyShapeWear shall not be liable for any damages or injury arising from the content of or access to any External Site. iBodyShapeWear does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to iBodyShapeWear. Unless approved in writing in advance by iBodyShapeWear, You agree not to create any frames at any other sites pertaining to any of the Content located at iBodyShapeWear.
iBodyShapeWear AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. iBodyShapeWear MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. iBodyShapeWear AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. iBodyShapeWear DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH iBodyShapeWear.
iBodyShapeWear DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT iBodyShapeWear AND YOUR USE OF iBodyShapeWear WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT iBodyShapeWear OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. iBodyShapeWear DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF iBodyShapeWear AND/OR THE CONTENT IN TERMS OF THEIR, ACCURACY, APPLICABILITY, CORRECTNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT iBodyShapeWear) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF iBodyShapeWear AND THE CONTENT IS AT YOUR OWN RISK.
LIMITATIONS ON LIABILITY
iBodyShapeWear WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF iBodyShapeWear AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY COMPUTER VIRUS, DEFECT, DELAY IN OPERATION OF TRANSMISSION, ERROR, FAILURE OF PERFORMANCE, INTERRUPTION, OMISSION, OR LINE FAILURE. iBodyShapeWear WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, iBodyShapeWear AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH iBodyShapeWear, EVEN IF THERE IS NEGLIGENCE BY iBodyShapeWear OR BY AN AUTHORIZED iBodyShapeWear REPRESENTATIVE, OR AN AUTHORIZED iBodyShapeWear REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. iBodyShapeWear ‘STOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO iBodyShapeWear, IF ANY, TO ACCESS iBodyShapeWear OR ACCESS THE LICENSED CONTENT.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS iBodyShapeWear, ITS OFFICERS, DIRECTORS EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL ATTORNEYS’FEES, CLAIMS, COSTS AND EXPENSES, DAMAGES, INJURIES, LIABILITIES, LOSSES, PROCEEDINGS, RELATING TO OR ARISING FROM:
- i. YOUR USE OF iBodyShapeWear AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH iBodyShapeWear;
- ii. ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT OBTAINED ON OR THROUGH iBodyShapeWear;
- iii. ANY BREACH BY YOU OF THIS USER AGREEMENT;
- iv. AND ANY ACTIVITY RELATED TO YOUR SERVICE ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR iBodyShapeWear ACCOUNT.
ELEASE FOR FORCE MAJURE
You absolve and release iBodyShapeWear and its affiliates from any claim of harm resulting from any cause(s) over which they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
TERM AND TERMINATION
This User Agreement will take effect at the time You click “I Agree” or access, browse or use iBodyShapeWear or any of the Content, and continues in perpetuity unless terminated by You and/or iBodyShapeWear. iBodyShapeWear reserves the right, at any time and for any reason, without notice to You, (i) to deny You access to iBodyShapeWear and any of the Content; (ii) to change, remove or discontinue any of the Content or services available on or through iBodyShapeWear; or (iii) to terminate this User Agreement.
You may terminate this agreement at any time by destroying: (a) all of the Content obtained from iBodyShapeWear, including, without limitation, permanently deleting all of the Content from any computer and/or media; and (b) all related documentation and all copies and installations, if any. In addition, and upon iBodyShapeWear’s request, You agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this Agreement which by their nature are intended to survive will survive the termination or expiration of this Agreement for any reason.
Any notice or other document or communication required or permitted hereunder to iBodyShapeWear will be deemed to have been duly given only if in writing and delivered by email to admin@iBodyShapeWear.com and receipt acknowledged by iBodyShapeWear. Notices to iBodyShapeWear shall be deemed delivered when actually received by iBodyShapeWear.
Any notice or other document or communication required or permitted hereunder to You will be sent to the e-mail address that You provide to us when You register. Such notice will be deemed received by You the next business day after the e-mail is sent.
Should You elect to send or receive e-mail communications of any kind to or from iBodyShapeWear, You represent and warrant to iBodyShapeWear that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
JURISDICTION; COMPLIANCE WITH LAWS
Except as described otherwise, iBodyShapeWear controls and operates iBodyShapeWear from the United States of America and makes no representation that the Content are appropriate or available for use in other locations. If You use iBodyShapeWear from other locations, You are responsible for compliance with applicable local laws including, without limitation, all export laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone in the US Treasury Department’s Specially Designated national list, or (c) to anyone on the US Commerce Department’s Table of Denial Orders. If You download or use the Content You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.
Access, browsing and use of iBodyShapeWear, the Content and the terms and conditions of the User Agreement are governed by U.S. federal law and/or the laws of the State of Utah, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction.
SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF MICHIGAN, U.S.A., YOU AND iBodyShapeWear AGREE TO SUBMIT TO THE JURISDICTION OF MICHIGAN, AND AGREE THAT VENUE IS PROPER IN MICHIGAN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
Any controversy or dispute between You and iBodyShapeWear (the “parties”) concerning iBodyShapeWear or the Content shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Michigan. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.
No delay or omission by iBodyShapeWear to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of this Agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by iBodyShapeWear of any of the agreements, covenants, or conditions to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
Any of the provisions in this agreement that are found to be unenforceable or invalid, the remainder of the agreement shall remain in full force.
iBodyShapeWear is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between You and iBodyShapeWear.
CONTINUED USE DEEMED ACCEPTANCE
iBodyShapeWear reserves the right, at its sole discretion, to change, alter, amend or otherwise modify this Agreement from time to time. All modifications will be posted on www.iBodyShapeWear.com and such modifications will become effective immediately upon the posting thereof. After any such modification becomes effective, iBodyShapeWear will deem Your continued use of iBodyShapeWear or any of the Content to constitute Your acceptance of and agreement to such modification. It is your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications.
This document constitutes the entirety of this agreement between You and iBodyShapeWear and Your use of iBodyShapeWear. Any and all discussions prior to this document, entered into agreements are terminated and cancelled in their entity have no force or effect in law.