PRIVACY POLICY:
We take your privacy seriously. Earning and keeping your trust is important to us. We want you to understand what kind of information we gather from you, how this information is used and protected, and how you can control its use. This statement discloses the privacy practices of BestShapeofYourLife.com on this Website. By using this Website, you agree, without limitation or qualification, to be bound by this Privacy Policy. This Privacy Policy applies to the collection and use of information by BestShapeofYourLife.com on this Website but does not apply to information that you may send to us by other means. Any changes in our Privacy Policy will be communicated in this page so please check back from time to time.
WHO MAY USE THIS WEBSITE:
This Website is not intended or designed to attract users under the age of 18. We do not collect personally identifiable data from any person we know to be under the age of 18 and instruct users under 18 not to send us any information. This Website is restricted to users from the United States . Users from other countries are advised not to disclose personal information on this Website. You transmit data to a server located in California subject to United States and California law. You should not send any personal information to this Website unless you agree to be bound by United States and California Law.
INFORMATION COLLECTED FROM YOU:
The kind of information we collect from you will vary, depending on how you use our Website. It is possible to browse our Website without submitting any personal information at all. In order to take part in certain services on our Website, you will be required to provide certain personal information (e.g., your name, address, e-mail address, payment method, etc.). In addition to the information you choose to submit, our system is set up to gather certain anonymous data to help us better understand how our Website is utilized and how we can improve it. This automatically gathered data includes any content you view on our Website.
HOW YOUR INFORMATION IS USED:
We utilize "cookies" on our Website. These are small files that we send to and store on your computer so that the Website can remember who you are. Our cookies are used to arrange content to match your preferred interests more quickly and to personalize your online experience. In addition, companies offering products or services through our Website may use their own cookies. Your e-mail address serves as a unique identifier in our record system and it is used together with your password to prevent unauthorized access to any information you choose to store on our Website. The data you give us about your personal preferences and demographics (such as age, ZIP code, occupation, or other data) may be used to help us offer content, advertisements, products, and services that are most likely to appeal to you.
We will use your personal information to respond to requests you may make of us, and from time to time, we may refer to such information to better understand your needs and how we can improve our Website, products, and services. We may also use this personal information to contact you and/or provide you with general health information (like information on certain health conditions). We may share this personal information with other companies who offer products and services that may be of interest to you. We may also enhance or merge this personal information with data obtained from third parties for the same purposes. Unless you specify that you would prefer not to hear from us, we might also use the e-mail address you provide at registration to contact you for promotional, administrative, or other reasons. You may have these communications terminated. This will likely take 48 hours from the time you give us notice. You may occasionally see contests, surveys, and other features on our Website that ask you to provide us with personal information.
When you choose to respond to these requests, the personal information you offer may be used for several reasons. These include the uses set out in this section. They also include providing personal information to third parties for prize fulfillment and other aspects of any contest or similar offers. We may link information collected from you through various means, including information collected automatically and through the use of cookies and personal information you provide. Our goal is to help offer you content, advertisements, products, and services that are most likely to appeal to you.
YOUR CHOICES REGARDING THE USE OF YOUR PERSONAL INFORMATION:
- You can always choose not to provide personal information, even though it might be needed to take advantage of BestShapeofYourLife.com offers or Website features.
- You can add or update certain information that you send to us. When you update information, we usually keep a copy of the prior version for our records.
- If you do not want to receive e-mail or other mail from us or if you wish to check your personal information, please contact us in the ' Questions Regarding Our Privacy Policy ' section.
ACCESS TO YOUR PERSONAL INFORMATION:
In the event that BestShapeofYourLife.com and/or some of our assets are sold, transferred, or used as security, the personal information collected on our Website may be transferred to third parties as part of that transaction. BestShapeofYourLife.com may also provide personal information or provide access to personal information to any of our affiliated businesses or to our business partners. BestShapeofYourLife.com may use your personal information to reply to you and send information to you. BestShapeofYourLife.com does not intend to reveal personal information to third parties except in the manner stated in this Privacy Policy. BestShapeofYourLife.com will provide aggregated information received from you to third parties. BSOYL.com takes commercially reasonable precautions to prevent the aggregated information provided to third parties from including personal information. If BestShapeofYourLife.com is requested by law enforcement officials or judicial authorities to provide personal information on individual users, BestShapeofYourLife.com may, without your consent, provide such information. In matters involving claims of personal or public safety or in litigation where the data is pertinent, BestShapeofYourLife.com may use or disclose your personal information without your consent or court process.
WILL YOUR PERSONAL INFORMATION BE SECURE?
BestShapeofYourLife.com recognizes you may be concerned about the security of your personal information, and we are committed to employing reasonable technology in order to protect the security of our Website. Even with such technology, no website is 100% secure. We will take reasonable measures that we believe are appropriate to protect your information from loss, misuse, alteration or destruction, and, where possible, will ask that any third parties to whom we may transfer your information take comparable steps to protect that security.
OUR PRIVACY POLICY OUTSIDE LINKS:
Our Privacy Policy only applies to this Website. Our Website contains links to other websites. Please be aware that BestShapeofYourLife.com is not responsible for the privacy practices of any other websites, as these websites are subject to their own privacy policies and terms of use. Remember to consult that website's own privacy policy, as once you are outside this Website, any information you submit is no longer in our control.
QUESTIONS REGARDING OUR PRIVACY POLICY:
If you have questions or comments regarding our privacy practices, please e-mail us in the Questions regarding our Privacy Policy' section.
TERMS OF USE:
Thank you for visiting our Website. In order to provide you with the best service possible, we want you to fully understand the terms and conditions set forth below (our "Terms of Use") by which BestShapeofYourLife.com offers services and information on or through this Website. Please review these Terms of Use carefully. By using this Website (collectively referred to in these Terms of Use as our "Website") you agree to be bound by the terms set forth herein. We may make changes to our Website, these Terms of Use, or the policies and conditions that govern the use of our Website at any time. We encourage you to review our Website and these terms periodically for any updates or changes. Your continued access or use of our Website shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. If you do not agree and/or no longer agree to be bound by the Terms of Use, you may not use and must immediately cease your use of the Website. BSOYL.com is operated and maintained in California . This Website is for U.S. residents who are adults. Access to the Website may not be legal in other countries. You transmit data to our Website subject to U.S. and California law. Do not transmit data to our Website unless you agree to be bound by U.S. and California law.
HEALTH-RELATED INFORMATION:
The information contained in the Website is provided for informational purposes only and is not meant to substitute any advice provided by your doctor or other health care professional. You should not use the information available on or through the Website (including, but not limited to, information that may be provided on the Website by healthcare or nutrition professionals employed by or contracting with BestShapeofYourLife.com) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should carefully read all products packaging before use.
USE OF WEBSITE:
You agree to use the Website for lawful purposes. This Website and its contents are made available to you for your lawful, personal, and non-commercial use only. BestShapeofYourLife.com as its sole discretion may terminate your right to use this Website or content at any time, for any reason, without any notice to you and without any liability to you or any other person, if we believe you have in any way violated our Terms of Use.
ELECTRONIC COMMUNICATIONS:
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
INDEMNITY:
You agree to indemnify and hold BestShapeofYourLife.com and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any and all claims, demands, suits, actions, proceedings, loss, cost, and damages of every kind and description including any reasonable attorneys' fees and/or litigation expenses, caused by, arising out of, or contributed to, in whole or in part, by reasons of any act, omission, professional error, fault, mistake, or negligence made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms of Use, or your violation of any rights of another party. This indemnity survives termination of these Terms of Use.
SUBMISSION OF INFORMATION OR MATERIALS:
You agree to provide true, accurate, current and complete information about yourself if and when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead. Other than personally identifiable information, which is addressed under our Privacy Policy , any and all comments, suggestions, ideas, graphics, or other information that you transmit or post to the Website becomes and will remain the property of BSOYL.com and may be used by BestShapeofYourLife.com anywhere, anytime and for any reason whatsoever. Except as may be provided in the Privacy Policy , any information or materials submitted to BestShapeofYourLife.com will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you. BestShapeofYourLife.com will not have to pay you or anyone else for using any ideas or other materials that you may transmit to or post on the Website. You should rely solely on your rights under patent, trademark, and copyright laws. The receipt or consideration of your information by BestShapeofYourLife.com shall in no way impair the right of BestShapeofYourLife.com to contest the validity of your patent, trademark, or copyright.
OUR PROPRIETARY RIGHTS:
The Website is owned and operated by BestShapeofYourLife.com. The contents of the Website are copyright protected. All Rights Reserved. You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in advertisements or information presented to you on our Website is protected by our or other third parties' copyrights, trademarks, service marks, patents, or other proprietary rights and laws. BestShapeofYourLife.com authorizes you to view and download materials at the Website only for your personal, non-commercial use, provided you retain all copyright and proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials on the Website in any way or reproduce or publicly display, perform, distribute, transmit, create derivative works of, or otherwise use them for any public or commercial purpose. Any use of these materials on any other website (including without limitation, displaying this Website or any material displayed on or that can be downloaded from this Website in frames on another website without BestShapeofYourLife.com's express written permission) is prohibited.
SALE OF PRODUCTS:
You may be provided with the opportunity to purchase products through the Website and/or from third party websites linked to the Website. Products purchased through the websites of others are subject to the terms and conditions of such other parties and their websites, and BestShapeofYourLife.com shall have no liability or responsibility therefore.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
BESTSHAPEOFYOURLIFE.COM AND ITS PARENTS, AFFILIATES (AND THEIR FRANCHISEES AND LICENSEES) AND SUBSIDIARIES (COLLECTIVELY, "AFFILIATES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BESTSHAPEOFYOURLIFE.COM AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE WEBSITE OR ANY SERVICES, PRODUCTS, OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BESTSHAPEOFYOURLIFE.COM OR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESSED OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY THEREOF. WE MAKE NO COMMITMENT TO UPDATE OR CORRECT ANY INFORMATION THAT APPEARS ON THE WEBSITE OR ANY WEBSITE LINKED HEREUNDER.
LIMITATION OF LIABILITY:
YOU AGREE THAT BESTSHAPEOFYOURLIFE.COM AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE, EVEN IF BESTSHAPEOFYOURLIFE.COM OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE; LINKING TO ANY THIRD PARTY WEBSITE FROM THE WEBSITE; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE WEBSITE AND/OR SUBMITTED BY YOU TO OR THROUGH THE WEBSITE; COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES. YOU FURTHER AGREE THAT BESTSHAPEOFYOURLIFE.COM AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DOMESTIC USE; EXPORT RESTRICTION:
We control the Website from our offices within the United States of America . We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) is appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded or otherwise exported in violation of United States law.
GENERAL:
These Terms of Use and our Privacy Policy constitute the entire agreement between you and BestShapeofYourLife.com with respect to the Website; provided, however, that certain provisions of these Terms of Use may be superceded by expressly designated legal notices or terms which may be located on particular pages on the Website. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision by us. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or our Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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