Please carefully read the following Body Glide Terms and Conditions before you view or use any portion of the Site.
The Terms and Conditions, set forth below, are binding, and you indicate your acceptance of, and Agreement to be bound by them by viewing or using the Site. Please immediately exit the Site if you do not agree to the Terms and Conditions set forth below.
Acceptance of Agreement
All Content is owned or controlled by W Sternoff LLC, Bellevue, WA. USA (“Body Glide”) or the party that is credited for providing certain content. All of the Content including, but not limited to the “look and feel” of the Site, is protected by trade dress, trademark, unfair competition, and other laws, and it may not be copied or imitated in whole or in part, and without receiving express written permission from Body Glide, no logo or other element(s) including any graphic, text, sound, video or image(s) from the Site may be copied or retransmitted. Intellectual property legal rights and protections are further addressed below.
- Pursuant to U.S. copyright laws, other copyright laws and international conventions, our Site is protected by copyright, and you agree to abide by any and all notices of copyright.
- Except as otherwise set forth in the limited use license in Section 5, or as required under applicable law, no Content or anything within the Site may be used, reproduced, modified, duplicated, copied, sold, resold, accessed, or otherwise exploited, in whole or in part, for any purpose without the prior and express written consent received from Body Glide.
- You are not authorized and shall not copy or store any Content from this Site without prior written permission received from Body Glide or any other copyright holder of material on the Site. The copyrighted material on this Site includes but is not limited to the “look and feel” of the Site and all logos, trademarks, service marks, text, images, graphics, video clips, button icons, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”), and is the property of Body Glide, our affiliates, partners or licensors, protected by laws governing copyrights and trademarks.
- Names, images, logos and certain phrases used on pages of the Site and/or identifying Bodyglide.com or third parties and their products and services are proprietary marks of Body Glide and/or third parties. Body Glide has made all reasonable attempts to satisfy the requirements of Copyright. Should any Copyright issues arise, please contact Body Glide at email@example.com immediately.
- Body Glide owns many trademarks in the U.S. and other countries (“Trademarks”). They are displayed on the site and including, but not limited to our products, product information and packaging.
- You are prohibited from using the Trademarks without prior and express written consent received from Body Glide, or as otherwise specified in these Terms and Conditions.
- You agree not to delete any trademark or similar notice from Content you are legally permitted to obtain from the Site. You should refer any questions concerning the use of Trademarks to Body Glide.
Your Limited License for Personal Use
You understand and agree that you are only permitted to access the Site for your personal use pursuant to the revocable and non-exclusive limited license that is granted to you by Body Glide in this Section 5 (“limited license”).
You represent, warrant and covenant that you are at least thirteen (13) years of age, and that you will not:
- use the Site or any Content except for your personal use;
- upload, post, distribute or otherwise publish through the Site any materials which impact or restrict any other user from enjoying and using the Site, and you will not redistribute, republish, transmit, sell, license or, except for caching or as necessary to view the Site, download the Site or any and/or all Content;
- use framing techniques to enclose or to frame the Site or any part of it;
- reverse engineer or modify either the Site or any and/or all Content or to base on them, create any derivative works;
- collect or use account information for the benefit of yourself or another party;
- use any “hidden text” or any meta tags utilizing any and/or all Content; or
- take any other action that may impose an unreasonable burden or load on our Site infrastructure including, but not limited to use of software robots, spiders, crawlers, or similar data gathering and extraction tools.
This limited license also requires that you must retain, without any modification, all proprietary notices on or contained in the Site.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited license that is set forth in this Section 5 without prejudice to any other remedy provided by applicable law or in these Body Glide Terms and Conditions.
Links to Off-site Addresses and Pages
- All links from our Site to addresses and pages that are not part of our Site (“links”) are provided for information and convenience only. Body Glide cannot accept responsibility for the links, or the information found there.
- Links do not imply an endorsement, and similarly, not linking to a web address or third party site does not imply lack of endorsement.
- Using links is at your own risk. Body Glide is in no way responsible for examining or evaluating other addresses and sites, and does not warrant the offerings of off-site addresses and pages or any other websites linked to or from our Site.
- Body Glide does not assume any responsibility or liability for the actions, content, products, or services of other address, pages and other websites, including, without limitation, their terms and conditions and privacy policies.
- When you visit any off-site addresses, pages and other websites, you should carefully review their terms and conditions and privacy policies.
Links from Other Sites to Our Home Page
Body Glide allows you to create a hyperlink but only to our Site home page (“hyperlink”). You represent, warrant and covenant that if you create or use such a hyperlink, it and you will not:
- replicate any Content of this Site in whole or in part;
- imply in any way that Body Glide is endorsing your or any other website, your or any services or products;
- misrepresent anything about the nature of the relationship between Body Glide and hyperlink site;
- use Trademarks without prior written permission received from Body Glide;
- create or use a hyperlink that connects in any way to any material that is or could be construed to be unlawful, threatening, offensive, abusive, obscene, libelous, controversial, defamatory, pornographic, distasteful, profane, indecent, or inappropriate for any ages;
- plagiarize, violate or infringe on the rights of any third party including, without limitation, rights of privacy or publicity, copyright, trademark, or any other rights of any third party;
- connects in any way to any material that contains a virus or anything harmful or potentially harmful, or that contains any advertising of any kind; and
- portray Body Glide or our products or services, in a derogatory, misleading, false, or otherwise offensive or objectionable manner, or associate Body Glide with inappropriate and/or undesirable products, services, or opinions.
You have read, understand and agree that, in our sole discretion, Body Glide may request that you remove any link to the Body Glide Site, and upon receipt of such request from Body Glide, you shall immediately remove such link(s) and cease to link in
any way to the Site except if Body Glide subsequently, separately, and expressly in writing authorizes a linking resumption.
Any unauthorized use of any hyperlink(s) by you automatically terminates your right(s) to hyperlink to this Site without prejudice to any other remedy provided by applicable law or in the Body Glide Terms and Conditions.
Without notice or liability and at any time, we may change, suspend or discontinue anything on the Site, restrict access to the Site and any parts of the Site, and we may impose limits on certain features and services of the Site.
We do not represent or endorse the accuracy or reliability of any message, advice, opinion, statement, memorandum, or other information displayed or distributed through our Site. You acknowledge and agree that if you rely upon any such message, advice, opinion, statement, memorandum, or information it shall be at your sole risk. We shall not have any duty to correct any errors or omissions anywhere on the Site, but we reserve the right, in our sole discretion to correct any errors or omissions anywhere on the Site.
- Body Glide attempts to make all information on the Site as accurate as possible at the time of inclusion; but to the extent permitted under laws that apply, we accept no liability for any inaccuracies or omissions and do not warrant that the descriptions of products, information and other content on the Site and colors, including hypertext links or any other items used either directly or indirectly from the Site, are accurate, complete, reliable or free of error, and without notice, as there may be inadvertent and occasional errors, we reserve the right to make changes and corrections at any time, and for apologize in advance for doing so.
- Any decisions based on information contained in the Site are the sole responsibility of the visitor, and Body Glide accepts no liability for any direct, special, indirect, or consequential damages, or any other damages of whatsoever kind, resulting from whatever cause through the use of any information obtained either directly or indirectly from the Site.
Your Responsibilities, Obligations
- When you access or use our Site, you are agreeing to comply fully with our Terms and Conditions and instructions for access or use when posted on our Site. You agree to always act in good faith and in accordance with the law. You also agree not to make any change or alteration to our Site or to any of the Content or services that are on the Site, and you agree that you will not impair in any way the operation and integrity of our Site.
- Without limiting the generality of any other provision of these Terms and Conditions, you shall be liable for all the losses and damages caused to Body Glide Online, our affiliates, partners or licensors if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions.
Policy on Registration, Payment
- Though you may be required to register to use certain portions of the Site (“registration”), registration shall not impose on us any duty to provide any particular service to you.
- If payment is required by you to receive any goods or services that we offer, you agree to pay all charges including applicable taxes to your account in accordance with the billing terms in effect at the time all of the charges and taxes become payable. Body Glide reserves and retains the right to change the amount of, or basis for determining, any fees or charges, and to establish new fees or charges.
- We have and reserve the right to suspend or terminate your account for any valid reason including, but not limited to, your failure to pay any applicable fees and charges, at any time, and without giving you advance notice.
Sales and Use Tax Policy Statement
- We have prepared this sales tax policy statement to explain to you when and why we collect sales tax on your purchases.
- IMPORTANT NOTICE: Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire, or Oregon, your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income
tax return or by filing a consumer use tax return. For more information, please visit your state’s department of revenue website.
- BODY GLIDE COLLECTS SALES TAX in states where we have physical presence (or nexus), including Washington. Body Glide also collects sales tax in states that have adopted the Streamlined Sales and Use Tax Agreement (SSUTA), including Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming.
- BODY GLIDE DOES NOT COLLECT SALES TAX in any state NOT listed above because Body Glide is not required to collect sales or use tax in these states.
- FOR OUR TAX-EXEMPT CUSTOMERS: BODY GLIDE DOES NOT COLLECT SALES TAX if we have your exemption certificate on file.
- Do not register for an account on our Site if you are not over thirteen (13) years of age. If you are and do register, your account will have an email address/username and password. It is your responsibility to maintain the confidentiality of your account, username and password (“your information”), and you are responsible for restricting access to your computer.
- You agree to be responsible and to keep all of your information current, complete, accurate and truthful and agree to accept responsibility for all activities that occur in connection with your account, username and/or password.
- If you ever access and use the Site with someone else’s information or on someone else’s behalf, automatically you are representing that you have all necessary authority to bind that person as the principal to all Terms and Conditions provided herein, and if for any reason that you do not have such authority, you agree that you are bound to these Terms and Conditions and accept liability for harm caused by any wrongful use of our Site or Content resulting from such access or use.
- We reserve the right, without prior notice, to refuse service and/or terminate accounts for violation of these Terms and Conditions or if we decide, in our sole discretion, that it would be in Body Glide Online’s best interests to do so.
Products and Services, Personal Use
Body Glide products and services available on the Site, and any samples of Body Glide products we may provide to you, are only for your personal use. You are not permitted to sell or resell any of the products, or samples of the products you buy or otherwise receive from us. With or without notice, we have and reserve the right, to cancel or reduce the quantity of any order to be filled or products to be provided to you that, in our sole discretion, we believe may result in the violation of these Terms and Conditions.
We cannot guarantee uninterrupted access to the Site, or the sites to which it links. We accept no responsibility for any damages arising from the loss of use of this information.
Special Features, Functionality, Events
If you make a Submission, you are representing and warranting that you own or otherwise control the all rights to your Submission(s). You are further representing and warranting that your Submission does not contain software viruses or any form of “spam”, does not constitute commercial solicitation, and it is not any kind of chain letter or mass mailing.
You agree not use a false email address and that you will not impersonate any person or entity, and will not otherwise mislead us as to the origin of any Submission. You agree to indemnify Body Glide for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
If one or more of these terms and conditions, or any part of them shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.
You agree by accessing and using this Site to these Terms and Conditions and that they are and shall be governed by U.S. Law and are subject to the exclusive jurisdiction of U.S. Courts.
Further, in any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions, are and shall be governed by the laws of the state of Washington (“Washington”) USA without regard to its conflicts of laws rules, and as if the Terms and Conditions were a contract wholly entered into and wholly performed within the state of Washington. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Washington and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction in the United States and/or other countries. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Limitation of Liability, Representations and Warranties
THE SITE, INCLUDING ALL CONTENT, MATERIALS AND INFORMATION, FUNCTIONS AND OFFERS MADE AVAILABLE ON THE SITE OR ACCESSED THROUGH OR SENT FROM THE SITE, IS PRESENTED AND PROVIDED “AS IS.” TO THE FULLEST EXTENT PROVIDED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, ABOUT THE SITE, ITS CONTENT AND THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, NONINFRINGEMENT, AND MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (WHETHER IN CONTRACT OR TORT INCLUDING NEGLIGENCE OR OTHERWISE), YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE UNDER ANY CIRCUMSTANCES, FOR ANY (A) DELAYS OF ACCESS OR ACCESS INTERRUPTIONS TO THE SITE; (B) INTERRUPTION OF BUSINESS; (C) ANY SORT OF LOSS OR DAMAGES INCURRED AS A RESULT OF INTERACTION WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (D) NON-DELIVERY OF DATA, CORRUPTION, MISDELIVERY, DESTRUCTION OR OTHER MODIFICATION; (E) EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL; (F) OMISSIONS IN CONTENT OR ANY INACCURACIES; OR (G) MALFUNCTIONS, SYSTEM FAILURES OR COMPUTER VIRUSES, WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING THROUGH HYPERLINK TO OR FROM THIRD PARTY WEBSITES.
WE WILL NOT BE LIABLE, TO THE FULLEST EXTENT PERMITTED BY LAW, FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, RELATED TO THIS SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT ANY CLAIM(S) OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY NOT BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE ALLEGED CAUSE OF ACTION RELATING TO SUCH CLAIM(S) OR ACTION AROSE.
Consent to Electronic Receipt of Notices on the Site and Via Email
You agree (a) that any agreements, notices, disclosures and other communications (collectively, “Notices”) that Body Glide provides to you electronically on the Site satisfy any and all legal requirement that such communications be in writing; and (b) to receive all Notices to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You must notify us of your withdrawal of such consent by emailing us at firstname.lastname@example.org to withdraw your consent to receive Notices electronically. You will discontinue use of this Site in such event, and all rights granted to you pursuant to these Terms and Conditions, which includes but is not limited to the limited licenses set forth in Section 5 hereof, shall terminate automatically. Unfortunately, the benefits of this Site to any user that cannot consent to receipt of Notices electronically cannot be provided.
You acknowledge and agree that these Terms and Conditions constitute the sole, entire and exclusive agreement between you and Body Glide concerning your use of the Body Glide Site, and they supersede and govern all prior proposals, agreements, or other communications.
We reserve the right to change these Terms and Conditions at any time in our sole discretion, by posting changes on the Site and providing notice of such change. Any changes will be effective immediately upon posting to the Site and release of notice of such change. Thereafter, your continued use of the Site constitutes your agreement to all such changed Terms and Conditions. With or without prior notice, we may terminate any of the rights granted by these Terms and Conditions. You agree and shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. If we fail to require your performance of any provision hereof, it shall not affect our full right to require such performance at any time thereafter, and our waiver of a breach of any provision hereof shall not be taken or held to be a waiver of the provision itself. If, in any event, any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
Please email us at email@example.com if you have any questions regarding these Terms and Conditions.
Copyright © W Sternoff LLC, state of Washington, USA.
Body Glide® and Body Glide® are among many trademarks owned and controlled by W Sternoff LLC under US law and/or laws of other countries.
All worldwide rights reserved.