Last amended: October 23, 2012
1. Access to Websites
Limited License. We grant you a limited license to access and make personal use of the Websites and not to download (other than page caching) or modify any portion of the Websites without our prior written approval. You shall not use any robot, spider or other device to monitor the Websites in any manner. We may terminate this license at any time. We reserve the right to limit access to or remove free content from the Websites as we determine appropriate. We reserve the right to deny access due to non-usage at any point in the future. The Websites are open only to residents of US and Canada, excluding Quebec.
2. Policies Governing Use of the Websites
Framing the Websites. You are expressly prohibited from I-framing or displaying the Websites or any portion thereof in such a manner so that it appears to be part of your own or someone else's Websites, without the written consent of The Personal Health Institute.
Hyperlinks to Other Websites. We may place links on the Websites to other Websites on the Internet that are owned or operated by third parties. For instance, industry affiliations and charitable organizations found on our Websites are separate companies from The Personal Health Institute, and are independently owned and operated. You acknowledge and agree that we are not responsible for, nor do we endorse or support, the operation of or content located on any such Websites, and we cannot and do not warrant that the content of such Websites is accurate, complete, legal and/or inoffensive. By going to these third party Websites, by way of the Sites, you acknowledge and agree that you may not make any claim against us for any damages or losses of any kind arising from the third-party Websites and/or the link.
3. Registration, Fees and Payments, Trial Use
If you become a paid member ("subscriber, subscribers, member, members,") of Body Shapers On Demand or you purchase other products or services from The Personal Health Institute, you will be bound by the payment terms set forth herein.
If you subscribe, you must provide accurate, complete and updated subscriber information. You will pay us for all fees, charges, and any applicable taxes, associated with the Body Shapers On Demand Services (“Services”) in accordance with the current rates, payment terms, and policies specified by us in the applicable Body Shapers On Demand enrollment. You acknowledge that you will pay The Personal Health Institute all such fees, charges, and applicable taxes for the Services where enrollment in the Services has been made using your credit card or other means, whether made by you personally or by someone else in your household or organization on your behalf. If you enroll in the Services using a credit card, you certify to us that you are at least 18 years of age and that you are the cardholder of the credit card.
You further acknowledge that your obligation to pay us all such fees, charges, and applicable taxes for the Service does not depend on usage of the Service, and that you remain obligated to pay us for the Service regardless of whether the Service is used or not. Unless you enroll as part of a trial offer, your obligation to pay for the Service begins on the date of your enrollment in the Service - not the date of your first use of the Service. If made available, a trial offer, or free access periods (any of which constitute a “Trial”) to use the Service will also begin on the date of your enrollment in the Trial for the Service, and not the date of your first use of it. After your Trial or initial enrollment period, the monthly membership fee as outlined in your enrollment will be billed by PHI*Body Shapers on the card you used when you signed up for the Services , and then automatically charged/debited each month on or about the same date from the checking account or credit card associated with the initial registration. The Personal Health Institute reserves the right to change the price charged for the Services after the initial enrollment period and upon notice, via e-mail, to you.
You must cancel prior to your monthly renewal date to avoid continued charges. You may cancel your account for the Service during any Trial period without charge. However, we do not prorate any fees, charges, or applicable taxes associated with the Service upon any termination or cancellation and do not refund any such amounts for any term already charged. You may cancel your account for the Service by calling our customer service department at 1-800-357-7156.
When a Trial is cancelled prior to its termination, your account is immediately terminated. However, other than your payment obligations, obligations, as otherwise specified in this Agreement, shall continue indefinitely.
4. Intellectual Property
Trademarks. Body Shapers On Demand™ and other marks, logos, graphics, and trade dress used on the Websites are our trademarks or the trademarks of our affiliates, and may not be used in any manner (including in "meta-tags" or "hidden text") without our prior written approval. You agree that any content on the Sites is owned and copyrighted by the Sites, or legally licensed from third parties, and that you only have a limited, personal right to read and review it. You agree that you will not become directly or indirectly involved in or in any way compensated for the sale, resale, distribution, copying, duplication or transfer of, or the reuse, rebranding, or selling or brokering of any of the content on the Sites. You will in no event cause or permit to be published, copied, “burned”, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the content of the Sites (whether directly or in condensed, selective or tabulated form), whether for resale, republishing, posting on a web Sites, reselling in DVD, print, CD or other form, whether for redistribution, viewing, or otherwise.
Copyrights. The materials posted on the Websites are copyrighted materials of The Personal Health Institute and may not be reproduced, distributed, made the subject of a derivative work or publicly displayed without permission from The Personal Health Institute. You may download and copy downloadable items displayed on the Websites for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. You agree that you may not store or maintain more than one copy of any of the contents of this Sites at any given time.
5. Disclaimer of Warranty; No Consequential Damages; Limitation of Liability, Disclaimer of Warranty.
YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITES IS ENTIRELY AT YOUR OWN RISK. THE WEBSITES, INCLUDING ALL CONTENT ACCESSED THROUGH THE WEBSITES, IS PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW. FURTHER, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES FOR THE WEBSITES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT AND EXPRESSLY DISCLAIM ANY WARRANTY THAT THE WEBSITES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WE MAKE AVAILABLE THE INFORMATION ON THIS WEB SITES FOR INFORMATIONAL PURPOSES ONLY. WE CANNOT AND DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY REPRESENTATION, THAT THE INFORMATION IS ACCURATE OR COMPLETE OR THAT THE RESULTS OF IMPLEMENTING OR USING ANY INFORMATION WILL BE SUCCESSFUL OR ACCEPTABLE TO THE USER OF THE INFORMATION OR TO ANYONE ELSE. TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR LOSSES WHICH YOU MAY INCUR IN CONNECTION WITH THE WEB SITES OR THE INTERNET GENERALLY, OR YOUR USE THEREOF, OR IN CONNECTION WITH ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE WEBSITES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF The POSSIBILITY OF DAMAGE OR LOSS. YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US WILL BE TO DISCONTINUE USING THE WEBSITES.
License to Submitted Suggestions and Ideas. If you submit ideas or material to the Websites, you grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable license and right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material or idea in any manner.