Terms and Conditions of Use

By using this site, you signify your assent and agreement to these Terms and Conditions. It is your responsibility to apprise yourself of any revisions or modifications each time you visit or use the Body Amplify website. If you do not agree to all of these Terms and Conditions of Use, do not use this site and you are not authorized to access or use the Body Amplify website in any manner. Body Amplify, LLC. (“Body Amplify”) may revise and update these Terms and Conditions of Use at any time. Your continued usage of the Body Amplify website (“Body Amplify Site,” or the “Site,”) will mean you accept those changes. Body Amplify is the provider of access to the Site, which may contain customized sports and conditioning training, wellness and nutrition advice in addition to details related to our various product and service offerings. Body Amplify has created the Site to provide users with online access to this information, products and services. The products, services, features, downloads, instructional videos and information that a user may avail himself/herself of via the Site are collectively referred to as the “Services.”

This Site Does Not Provide Medical Advice; Health Disclaimer

The Services and the other contents of the Body Amplify Site, such as text, graphics, images, information obtained from Body Amplify’s licensors, and other material contained on the Body Amplify Site or available for download from the Body Amplify Site (collectively the “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 Body Amplify Site. If you think you may have a medical emergency, call your doctor or 911 immediately. Body Amplify 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 Body Amplify, Body Amplify employees, others appearing on the Site at the invitation of Body Amplify, or other visitors to the Site is solely at your own risk. The Site may provide sports training, wellness, physical training, fitness, nutrition and other related information, applications, and content, all of which is intended only to assist users in their personal training, wellness, physical fitness, nutrition and sports efforts. Nothing contained in this Site should be construed as medical advice or a medical diagnosis. Any information and reports generated by Body Amplify should not be interpreted as a substitute for physician consultation, evaluation, treatment, or good sense and personal judgment about one’s own condition. The risk of injury from participation in a fitness regimen and/or from the performance of any exercise is significant, including the potential for catastrophic injury or death. You should and must consult a medical professional before undertaking any fitness regimen or exercise program, including any exercises or techniques set forth or described on this Site. Any text, pictures, video and description set forth in this Site is for educational purposes only (e.g., the information illustrates and explains various fitness-related and exercise techniques) and does NOT advise that you or any other particular Site user undertake or perform any particular technique or exercise. You agree that you will not undertake or perform any exercise or technique described in this Site until and unless you consult with and are cleared by a medical doctor in relation to such participation. The Site is not intended for use by minors, pregnant women, or individuals with any type of health condition and/or health problem. As are all users, such individuals are specifically warned to seek professional medical advice prior to initiating any form of sports training, physical training, or exercise regimen.

Site Intended for Atults; Children’s Privacy

Unless you have express permission from your parent(s) and/or guardian, you must be 18 years old or older to access, purchase from, or otherwise use any Content via the Site. No one under 13 years old is permitted to use or access the Website. 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

Body Amplify authorizes you to view or download a single copy of the material on the Body Amplify Site solely for your personal, noncommercial use if you include the following copyright notice: “©2014, Body Amplify, 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 Body Amplify 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 Body Amplify 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 Body Amplify. All rights not expressly granted herein are reserved to Body Amplify 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 Body Amplify and its Licensors

The use of the Body Amplify Site and the Content is at your own risk. When using the Body Amplify Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Body Amplify and its suppliers. Accordingly, Body Amplify 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 Body Amplify Site. The Body Amplify Site and the content are provided on an “as is” basis. BODY AMPLIFY, 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, Body Amplify, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, downloads or communications provided on or through the use of the Body Amplify Site or Body Amplify. In no event shall Body Amplify, its licensors, its suppliers, or any third parties mentioned on the Body Amplify 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 Body Amplify Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Body Amplify, its licensors, its suppliers, or any third parties mentioned on the Body Amplify Site are advised of the possibility of such damages. Body Amplify, its licensors, its suppliers, or any third parties mentioned on the Body Amplify Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Body Amplify, its licensors, its suppliers, or any third parties mentioned on the Body Amplify 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.

User Submissions

The personal information you submit to Body Amplify is governed by the Body Amplify Privacy Policy. To the extent there is an inconsistency between this Agreement and the Body Amplify Privacy Policy, this Agreement shall govern.

The Site may contain functionality (including blogs, message boards, etc.) that allows users to upload content to the Site (collectively “Public Areas”). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to Body Amplify by email, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Body Amplify by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Body Amplify by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Body Amplify a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Body Amplify may sublicense its rights through multiple tiers of sublicenses.
If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Body Amplify by email. We try to answer every email in a timely manner, but are not always able to do so.

Indemnity

You agree to defend, indemnify, and hold Body Amplify, 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

Body Amplify is based in Denver, Colorado, in the United States of America. Body Amplify makes no claims that Body Amplify 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 Body Amplify site 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, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Body Amplify, or in any way relating to your use of the Body Amplify Site, resides in the courts of the State of Colorado and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any such dispute including any claim involving Body Amplify 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 Colorado, 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

These Terms and Conditions and the Body Amplify Privacy Policy constitute the entire agreement between you and Body Amplify with respect to the use of the Body Amplify Site, and Content.

Return Policy

Items shipped from Amazon.com, including Warehouse Deals, can be returned within 30 days of receipt of shipment in most cases. Some products have different policies or requirements associated with them.