Terms and Conditions

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!

The Body Well, LLC. (“The Body Well”) may revise and update these Terms and Conditions at any time. Your continued usage of the The Body Well website (“The Body Well Site,” or the “Site,”) will mean you accept those changes.

This Site Does Not Provide Medical Advice

The contents of the The Body Well Site, such as text, graphics, images, information obtained from The Body Well’s licensors, and other material contained on the The Body Well Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the The Body Well Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. The Body Well does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by The Body Well, The Body Well employees, others appearing on the Site at the invitation of The Body Well, or other visitors to the Site is solely at your own risk.

Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Use of Content

The Body Well authorizes you to view or download a single copy of the material on the The Body Well Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright ©2010, The Body Well, LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the The Body Well Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with The Body Well or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of The Body Well. All rights not expressly granted herein are reserved to The Body Well and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of The Body Well and Its Licensors

The use of the The Body Well Site and the Content is at your own risk.

When using the The Body Well Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of The Body Well and its suppliers. Accordingly, The Body Well assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the The Body Well Site.

The The Body Well Site and the content are provided on an “as is” basis. THE BODY WELL, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, The Body Well, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the The Body Well Site or The Body Well.
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the The Body Well Site.

In no event shall The Body Well, its licensors, its suppliers, or any third parties mentioned on the The Body Well Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the The Body Well Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not The Body Well, its licensors, its suppliers, or any third parties mentioned on the The Body Well Site are advised of the possibility of such damages. The Body Well, its licensors, its suppliers, or any third parties mentioned on the The Body Well Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. The Body Well, its licensors, its suppliers, or any third parties mentioned on the The Body Well Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

Advertisements, Searches, and Links to Other Sites

The Body Well may provide links to third-party web sites. The Body Well also may select certain sites as priority responses to search terms you enter and The Body Well may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. The Body Well does not recommend and does not endorse the content on any third-party websites. The Body Well is not responsible for the content of linked third-party sites, sites framed within the The Body Well Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. The Body Well does not endorse any product, service, or treatment advertised on the The Body Well Site.

Indemnity

You agree to defend, indemnify, and hold The Body Well, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General

The Body Well is based in Los Angeles, California, in the United States of America with principal offices in Los Angeles, California. The Body Well makes no claims that The Body Well or any Site within the The Body Well Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the The Body Well Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with The Body Well, or in any way relating to your use of the The Body Well Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving The Body Well or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement

Except as expressly provided in a particular “legal notice” on the The Body Well Site, these Terms and Conditions and the The Body Well Privacy Policy constitute the entire agreement between you and The Body Well with respect to the use of the The Body Well Site, and Content.

Thank you for your cooperation. We hope you find the TheBodyWellUSA.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, can be submitted by emailing us.