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The Body Dojo Terms and Conditions
TERMS & CONDITIONS READ THESE TERMS OF USE (THE “TERMS”) CAREFULLY AS THEY GOVERN YOUR USE OF THE WEBSITE AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
IF YOU HAVE ANY QUESTIONS WITH RESPECT TO THIS AGREEMENT, PLEASE CONTACT US AT:
(858) 324-4336 OR E-MAIL: legal@thebodydojo.com
- INTRODUCTIONThis website (the “Website”) is operated by The Body Dojo, LLC, a California corporation (“The Body Dojo”). Access and use of the Website (and its related services) is provided by The Body Dojo to you on the condition that you accept these Terms. By accessing, browsing, registering on, downloading pages from and/or otherwise using this Website, you agree to accept and comply with these Terms. You further agree that this agreement is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms and conditions. The Body Dojo makes no representation that the information contained on the Website or the products described or offered on the Website are appropriate, available, or legal in any particular jurisdiction. Those who choose to access or otherwise use the Website (by, for example, purchasing products thereon) do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. YOU AGREE THAT YOU WILL NOT ACCESS THE WEBSITE FROM ANY JURISDICTION WHERE THE SERVICES AND PRODUCTS DESCRIBED OR OFFERED ON THE WEBSITE ARE ILLEGAL, AND THAT YOU, AND NOT The Body Dojo, ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION AND ANY OTHER APPLICABLE LAW. You agree to use the Website only for lawful purposes, and that you will not use the Website in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Website. You further agree that you will not access the Website by any means except through the interface provided by The Body Dojo for access to the Website. Creating or maintaining any link from another website to any page on the Website without the prior written authorization of The Body Dojo is prohibited. Any permitted links to the Website must comply with all applicable laws, rule and regulations. YOU MUST BE AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE TO USE THIS WEBSITE, AND FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. You understand that there are risks of injury associated with participating in any exercise, program or sports activity. In no event shall The Body Dojo be held liable for any injury or damage to your health in connection with any content provided on or through the Website.
- YOUR USER ACCOUNTIn order to register on the Website, you will be required to establish a user account (a “User Account”). To do so, you will need to provide us with certain information (“Account Information”). You agree that the Account Information you provide is true, accurate, current and complete. If any of your Account Information changes, you must update it by using the appropriate update mechanism on the Website, if available. Otherwise, you agree to contact our Privacy Officer as described in our Privacy Policy. If you provide any information that is false, inaccurate, outdated or incomplete, or The Body Dojo has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, The Body Dojo, in its sole discretion, has the right to suspend or terminate your User Account and prohibit any and all current or future use of the Website (or any portion thereof) by you. You are solely responsible for all usage or activity on your User Account including, but not limited to, use of your User Account by any person who uses your Account Information, with or without authorization, or who has access to any computer on which your account resides or is accessible. You are solely responsible for maintaining the confidentiality of your password and your User Account. You may not sub-license, transfer, sell or assign your User Account, your Account Information and/or this Agreement to any third party without The Body Dojo’s written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Account Information), you must promptly change the affected Account Information by using the appropriate update mechanism on the Website, if available, and immediately notify our Privacy Officer as described in our Privacy Policy. The Body Dojo will not be held liable for any loss that you may incur as a result of someone else using your User Account or password, either with or without your knowledge. However, you may be held liable by The Body Dojo or another party due to someone else using your User Account or password.
- PRIVACY POLICYUse of the Website is subject to the terms of our Privacy Policy (“Privacy Policy”), which is hereby incorporated into and made part of this Agreement. By using the Website, you agree to be bound by the terms of our Privacy Policy.
- AMENDMENTS TO THE WEBSITEAlthough The Body Dojo does not constantly monitor the Website, it nevertheless expressly reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Website, in its sole discretion, without notice. This includes, but is not limited to, the right to correct pricing or typographical errors that may occur on the Website.
- AMENDMENTS TO THIS AGREEMENTFrom time to time, The Body Dojo may amend these Terms. An example of such an amendment is the inclusion of additional terms of usage that apply to either specific parts of the Website or the Website in its entirety. Continued access of the Website by you will constitute your acceptance of any changes or revisions made to this agreement.
- INTELLECTUAL PROPERTYAll Website design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of The Body Dojo or its licensors, and are protected by local, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Website. You may download material from the Website and may use the Website for your personal use only, provided you keep intact all copyright and other proprietary notices.
- SUBMISSIONS AND COMMUNICATIONSYou agree that you will not upload or transmit any remarks, suggestions, messages (including without limitation to other Users), ideas, concepts, know-how, photographs, graphics, information, data, text, files, links, software, or other materials (“Content”) that:
- infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- are patently offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- exploit people in a sexual or violent manner;
- contain nudity, violence, or offensive subject matter or contain a link to an adult website;
- solicit any personal information from anyone under 18;
- provide any telephone numbers, street addresses, last names, URLs or email addresses to anyone;
- promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promote any illegal or unauthorized copy of another person’s copyrighted work;
- involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contain restricted or password only access pages or hidden pages or images;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- solicit passwords or personally identifiable information for commercial or unlawful purposes from other Users;
- involve commercial activities and/or sales without The Body Dojo’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; and
- include a photograph of another person that you have posted without that person’s consent.
- use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any Content (in whole or part) for any purpose whatsoever, commercial or otherwise, anywhere in the world and/or to incorporate all or any portion of the Content in any works in any form, media, or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such Content, and
- use the Content, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the Content and the right to practice.
- INDEMNIFICATIONYou agree to indemnify The Body Dojo, and its respective affiliates, directors, officers, partners, licensors employees, agents, representatives, suppliers, content providers, and the like (collectively, the “Affiliates”) and to defend and hold each of them harmless, from any and all claims or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Website or materials obtained through the Website, your use of the Website or materials obtained through the Website, your connection to the Website or materials obtained through the Website, your violation of these Terms or site specific Terms, or your violation of any rights of another.
- DISCLAIMER OF WARRANTIESTHE WEBSITE, AND ALL MATERIALS AND INFORMATION CONTAINED THEREIN, IS PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” AND IS USED BY YOU AT YOUR SOLE RISK. THE BODY DOJO AND ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE IMPLIED BY STATUTE OR LAW, AND SPECIFICALLY DISCLAIM SUCH WARRANTIES, CONDITIONS OR REPRESENTATIONS, INCLUDING ANY WARRANTIES, CONDITIONS OR REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.WITHOUT LIMITING THE FOREGOING, THE BODY DOJO: (I) MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WITH RESPECT TO OF THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE FEATURES, INFORMATION, CONTENT, APPLICATIONS OR SERVICES ON THE WEBSITE, OR ANY OF THE PRODUCTS OFFERED AND SOLD ON OR THROUGH THE WEBSITE; (II) WILL NOT BE RESPONSIBLE FOR ANY PRODUCT OR SERVICE SOLD ON OR THROUGH THE WEBSITE OR ANY CLAIMS OF QUALITY OR PERFORMANCE WITH RESPECT TO SUCH PRODUCTS OR SERVICES; AND (III) WILL NOT BE RESPONSIBLE FOR ANY INJURIES OR DAMAGES TO YOUR HEALTH RESULTING FROM ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE. THE BODY DOJO AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. NO ORAL OR WRITTEN STATEMENTS BY THE BODY DOJO OR ITS AFFILIATES WILL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH HEREIN.REGARDLESS OF ANY PERCEIVED SCIENTIFIC MERIT, THE PRODUCTS, INFORMATION, SERVICES AND OTHER CONTENT PROVIDED ON AND THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS, INFORMATION, SERVICES AND OTHER CONTENT PROVIDED ON ANY 3RD PARTY WEBSITES, ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR CONDITION, BUT RATHER TO PROMOTE GENERAL WELLBEING. THE SERVICES AND PRODUCTS OFFERED THROUGH THE WEBSITE HAVE NOT NECESSARILY BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION OR ANY OTHER REGULATORY AGENCY.WE ADVISE USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN CANADA OR THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.
- LIMITATION OF LIABILITYIN NO EVENT SHALL THE BODY DOJO OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY GENERAL, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THIS WEBSITE OR ANY CONTENT PROVIDED ON OR THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.IN NO EVENT SHALL THE BODY DOJO OR ANY OF ITS AFFILIATES BY LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR ANY CHANGES THE BODY DOJO MAY MAKE TO THE SERVICES, DOCUMENTS, WEB SITE, CONTENT OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE); OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR USER ACCOUNT DETAILS SECURE AND CONFIDENTIAL.IN ANY EVENT THE BODY DOJO’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE SHALL BE LIMITED TO THE PURCHASE PRICE ACTUALLY PAID BY YOU TO The Body Dojo FOR SUCH PRODUCTS OR SERVICES. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the aforementioned exclusions to liability are limited to the fullest extent permitted by law.
- LINKSThe linked sites are not under the control of The Body Dojo and The Body Dojo is not responsible for the content of any linked site or any link contained in a linked site. The Body Dojo reserves the right to terminate any link or linking program at any time. The Body Dojo does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Website, you do this entirely at your own risk.
- UNSOLICITED IDEA SUBMISSION POLICYTHE BODY DOJO OR ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN THE BODY DOJO’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO THE BODY DOJO. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO THE BODY DOJO OR ANYONE AT THE BODY DOJO. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT THE BODY DOJO MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
- CHOICE OF LAWThis Website is controlled, operated and administered by The Body Dojo from within the State of California, USA. This Website can be accessed from all provinces and territories of Canada, States within the USA as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the State of California, by accessing this Website, you acknowledge and agree that all matters relating to access to or use of this Website shall be governed by the laws of the State of California and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles).You also agree that any claims or disputes arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the State of California and acknowledge that you do so voluntarily.
- SEVERABILITYIf any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
- ENTIRE AGREEMENTThis Agreement, together with the Privacy Policy, the Purchase and Shipping Policy, is the entire agreement between you and The Body Dojo with respect to the Website and your use of same. In the event of a conflict between or among this Agreement and any other documents referenced in this Agreement, the conflict shall be resolved by assigning precedence to this Agreement, then to any documents referenced herein.
- ASSIGNMENTWe may assign our rights and obligations under this agreement. This agreement will inure to the benefit of our successors, assigns and licensees.
- NO ESTOPPEL FOR FAILURE TO ENFORCEThe failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this agreement, or to exercise any right under this agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.
- INTERPRETATIONAll references in this agreement to “The Body Dojo, LLC”, “The Body Dojo”, “Body Dojo, “I”, “we”, “us”, “our” and like terms should be interpreted accordingly. The insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of this Agreement.
- SURVIVALSections 8, 9, 10, 11, 12, 13, 14, 15, 16 and 18 shall survive any termination of this Agreement.
The Body Dojo Release of Liability and Disclaimer
GENERAL DISCLAIMER
Exercise and health are matters that vary from person to person. Viewers of these programs should speak with their own doctors about their individual needs before starting any exercise program. This Web site is not intended as a substitute for the medical advice and supervision of your personal physician. Any application of the recommendations set forth in the following pages is at the viewer's discretion and sole risk. If you are over 35 or have been inactive for a few years, see your physician before beginning any exercise program. This is especially important if your family has a history of heart disease, high blood pressure, high cholesterol, diabetes, arthritis, obesity, cigarette smoking, or other health conditions. If you have any doubts whatsoever, consult your physician. The Body Dojo does not warrant that the information on the bodydojo.com Web site or in email messages will not contain material that you or other individuals may find objectionable. However, we will investigate complaints, and we appreciate your input. Please submit any such feedback using our Contact Page. You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. This site offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk. Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material. If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately. Certain health or medical material on this site may be sexually explicit. Please do not use this site if you would find these materials offensive.Exercise Disclaimer
The workouts, movements, and progressions provided on this website are for educational and entertainment purposes only and are not to be interpreted as a recommendation for a specific treatment plan, product, or course of action. Exercise is not without its risks, and this or any other exercise program may result in injury. They include but are not limited to: risk of injury, aggravation of a pre-existing condition, or adverse effect of over-exertion such as muscle strain, abnormal blood pressure, fainting, disorders of heartbeat, and very rare instances of heart attack. To reduce the risk of injury, before beginning this or any exercise program, please consult a healthcare provider for appropriate exercise prescription and safety precautions. The exercise instruction and advice presented are in no way intended as a substitute for medical consultation. We disclaim any liability from and in connection with this program. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy, or have physical discomfort, you should stop immediately and consult a physician.Information Disclaimer
The information provided on this website is for educational and entertainment purposes only, and is not to be interpreted as a recommendation for a specific treatment plan, product, or course of action. This website does not provide specific medical advice, and is not engaged in providing medical services. Information on this website does not replace consultation with qualified a health or medical professional who sees you in person, for your health and your medical needs. Please see a physician or health professional immediately if you suspect you may be ill or injured. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON ANY WEB SITE OR THE SITES OF ADVERTISERS. You acknowledge your use of this website and the content thereon is at your own risk, including any and all risks associated with your use of any workouts or dietary recipes set out on this website. You acknowledge that there are inherent risks of injury with any physical activity and you hereby release The Body Dojo, LLC and all of its employees, directors, officers and representatives and other parties involved in the creation, maintenance and distribution of the content on this website (collectively “The Body Dojo”) from any and all liability arising as a result of your use of this website or the content thereon, including, without limitations, any direct, special, incidental, indirect or consequential damages or other damages of any kind, including, but not limited to physical injury, illness, death, loss of profits, loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise. The Body Dojo recommends that you consult with a physician before changing your diet, starting any workout or exercise program or taking supplements of any kind, whether as set out on its website or otherwise. The content of this website is educational only and should not be considered a substitute for advice of a physician. While the information contained within this site is periodically updated, no guarantee is given that the information provided on this website is correct or complete. This website and the content thereon are provided without warranties of any kind, either express or implied, including, without limitations any warranties of merchantability, fitness for a particular use or non-infringement of proprietary rights. The Body Dojo, LLC does not represent or warrant that this website, any links contained therein or its server are free of viruses or other harmful components. The Body Dojo, LLC shall not be held liable for any damage, whatsoever, to any computer hardware or software, resulting from the download, opening or use of its website content. The Body Dojo, LLC reserves the right to change any and all content contained on this web site at any time without notice. Inclusion of any links or reference to any workouts, menus, products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by The Body Dojo, LLC.Safety Disclaimer
Note: If you are pregnant, nursing, diabetic, on medication, have a medical condition, or are beginning a weight control program, consult your physician before starting to exercise/train or making any dietary changes. Discontinue use if adverse events occur.COPYRIGHT
The Body Dojo Web site and the email messages you receive through bodydojo.com contain copyrighted material. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. The Body Dojo owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content available on or through the The Body Dojo site, except as otherwise expressly permitted under copyright law or with the express permission of The Body Dojo and the copyright owner. If you believe that your copyright has been infringed on the The Body Dojo Web site, please contact us by sending an email to legal@thebodydojo.com.GOODS AND SERVICES ADVERTISED THROUGH THIS WEBSITE
The Body Dojo is not responsible for any representations, warranties, terms, conditions, payment, or delivery of any goods or services sold or advertised through its sponsors.DIGITAL CERTIFICATE (FITNESS AND NUTRITION PROGRAMS)
The web pages provided by The Body Dojo to you are subject to certain terms and conditions as set forth above. By using these web pages, you are deemed to have agreed to such terms and conditions. The information provided herein is meant to supplement the advice and counsel of your health care provider or other health professionals. The information provided on these pages is not meant to substitute for medical advice from your doctor or health care provider. The Body Dojo strongly advises that you consult your doctor or health care provider before you alter your diet or fitness activities. All information provided by The Body Dojo on these Web pages is owned by or licensed to The Body Dojo. The Body Dojo and its licensees retain all proprietary rights to the information contained on these pages to the fullest extent of their rights. The information contained on these pages may not be downloaded or reproduced except for use by members of The Body Dojo for use only as prescribed by The Body Dojo with appropriate consultation with the user's health care provider. Users of The Body Dojo are advised that health advice is often subject to updating and refining due to medical research and developments. The Body Dojo will update these Web pages frequently. However, no assurance can be given that the advice contained in these Web pages will include the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition that you may have. The Body Dojo is not responsible for your use of the material contained herein other than as intended by The Body Dojo.MEMBERSHIP DISCLAIMER
The Body Dojo, in its sole discretion, may revoke the membership of those who violate its guidelines or this Membership Agreement.MEDICAL DISCLAIMER
The information provided is not intended to be a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice, or delay in seeking it, because of something you have read on this website. Never rely on information on this website in place of seeking professional medical advice. The Body Dojo is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through this site. You are encouraged to consult with your doctor with regard to this information contained on or through this website. After reading articles, watching videos or reading other content from this website, you are encouraged to review the information carefully with your professional healthcare provider.PERSONAL DISCLAIMER
I, Jason Latonio, am not a doctor. The information I provide is based on my personal experience, research on calisthenics and bodyweight fitness and my experience as a Personal Trainer. Any recommendations I make about exercise, nutrition, supplements or lifestyle should be discussed between you and your doctor because working out involves risks.RESULTS DISCLAIMER
We make every effort to ensure that we accurately represent these products and services and their potential for muscle building results and fat burning results. Muscle gain and fat loss results made by our company and its customers are estimates of what we think you can possibly earn. There is no guarantee that you will experience the same results and you accept the risk that the muscle building results and fat loss results differ by individual. As with any fitness program, your results may vary, and will be based on your individual capacity, previous experience, ability to take action and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Everyone’s success depends on his or her background, dedication, desire and motivation. There is no assurance that examples of past muscle building and fat burning results can be duplicated in the future. We cannot guarantee your future results and/or success. Nor can we guarantee that you maintain the results you experience if you do not continue following the program. We are not responsible for your actions. The use of our information, products and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your physique that is directly or indirectly related to the purchase and use of our information, products and services. If this disclaimer scared you off from taking action then my information, products and services are not for you. If this disclaimer inspired you to step up and give my real-world solution an honest try – congratulations and our company looks forward to working with you.Modifications to this Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these disclaimers and waivers at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the disclaimer at: http://bodydojo.com/disclaimerBoot Camp and Personal Training Disclaimer and Waiver
The Body Dojo, LLCTerms and Conditions and Waiver of Liability
In consideration for being permitted to participate in the boot camp, fitness classes, personal training sessions and/or related fitness activities (individually and collectively, the “activity”) organized and operated by The Body Dojo, LLC (from here forward referred to as The Body Dojo) as well as the benefits that I will derive from my participation in the activity, I hereby represent and agree with, and for the benefit of The Body Dojo and the Released Parties (as defined below), as follows:- (a) I am physically fit and able to participate in the activity; I am in good health, and I am unaware of any medical condition which might make my participation inadvisable. (b) I have no pre-existing physical limitation or condition which may be aggravated or harmed by my participation in the activity. (c) I acknowledge my responsibility to acquire and maintain, during the period of each activity, health insurance coverage sufficient to provide for all medical, vision or dental services and/or equipment required to treat any injury related to my participation in the activity. (d) I hereby represent that I have such insurance coverage in effect as of the date set forth below. I understand that The Body Dojo carries no dental, medical, vision or other health insurance for any participant and that I am solely responsible for securing my own health insurance coverage. (e) I acknowledge that I have had the opportunity to ask The Body Dojo’ representatives any questions that I may have about the Activity (including but not limited to the various activities that comprise the activity) that I believe are necessary in order to decide whether I am able to participate in the activity and make the above representations. I represent that all such questions have been answered to my complete satisfaction. In connection with the above, I further represent that I have had an opportunity to inspect the equipment to be used in the activity prior to my participation in it and, based upon my inspection; I have found all equipment to be in good condition and in proper working order.
- Assumption of Risk. I acknowledge that my participation in the activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I understand that the specific risks can and do vary from one activity to another and that these risks range from (a) minor injuries such as scratches, bruises, and sprains, to (b) major injuries such as eye injury or loss of sight, joint or back injuries, disfigurement, heart attacks, broken bones, torn ligaments and concussions to (c) catastrophic injuries including paralysis and death
- Release of Liability. I, on behalf of myself, heirs, assigns, personal representatives and estate hereby release, forever discharge and covenant not to sue The Body Dojo, their owners, managers, members, employees, partners, sponsors, volunteers, agents, advisors, contractors, consultants, attorneys, accountants and insurers (the “Released Parties”) from any and all liability from all claims, actions, suits or other proceedings resulting in personal injury, including death, accident, illness or property damage, I may suffer or sustain, regardless of fault, arising from or in connection with, my participation in the activity, the equipment used during the activity (whether provided by The Body Dojo, a third party or myself) and the building or facilities where the activity was located.
- I hereby voluntarily release, forever discharge and agree to indemnify, defend and hold harmless the Released Parties from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorneys fees, brought as a result of my participation in the activity, the equipment used during the activity (whether provided by The Body Dojo, a third party, or myself) and the building or facilities where the activity occurred and to reimburse the Released Parties in full for any such expenses incurred.
- Name and Likeness. I hereby grant to The Body Dojo, its licensees, successors and assigns, the right to take action photographs and/or videotape me during my participation in the activity and further grant The Body Dojo the right to display, reproduce, use and/or otherwise exploit my appearance, image, likeness, name and voice in perpetuity and throughout the world, in all media, whether now known or hereafter devised, and in all forms and formats, for any purpose whatsoever, without compensation, reservation or limitation. I understand that no photograph, videotape or other material of any kind needs to be submitted to me for my prior approval or inspection and I hereby release The Body Dojo, its licensees, successors and assigns from any and all liability for any actual or alleged distortion of appearance, image or likeness as depicted in any photograph, videotape or other visual or audio-visual work resulting from its publication as well as any advertising copy or other printed materials that may be used in connection therewith or the use to which it may be applied. I agree that any visual or audio-visual work which depicts me (in whole or in part) shall be owned by The Body Dojo and that The Body Dojo may copyright same. To that end, I hereby assign and transfer to The Body Dojo all right, title and interest in and to my appearance, image, and likeness, voice as embodied in any audio, audio-visual or visual work. I agree that The Body Dojo shall have the sole and exclusive right, title and possession to all original negatives, videotapes and related materials that may embody my picture. I acknowledge that The Body Dojo is under no obligation to exercise any rights granted herein.
- If any part, article, paragraph, sentence or clause of this consent and release is not enforceable, the affected provision shall be curtailed and limited to the extent necessary to bring it in within the requirements of the law, and the remainder of this consent and release shall continue in full force and effect. This consent and release shall be governed by the laws of the State of Georgia. All provisions of this consent and release shall survive the termination or expiration of any activity or my participation in any activity contemplated hereby.
- Affirmation of Release. I knowingly intend my signature on this consent and release to be a complete defense to any legal or equitable proceeding that may be brought by me, or any person on their own or on my own behalf, for any personal injury, including death, accident, illness or property damage, including theft, I may suffer or sustain as a result of my voluntary participation in the activity, and further intend this consent and release to be a complete and total release of liability for all negligent acts, failure to act, or breaches of duty owed to me, which result in my personal injury, accident, illness and/or property loss as a result of my participation in the activity, the equipment used during the activity (whether provided by The Body Dojo, a third party or myself) and the building or facilities where the activity occurred and to reimburse the Released Parties in full for any such expenses incurred.
I represent that I am 18 years of age or older, or accompanied by a legal guardian, that I am legally competent and capable of executing this consent and release on my own behalf, that I have read the foregoing and have made a conscious decision to sign it of my own free will. I further represent that I understand and agree to the terms of this consent and release and have received a copy of same.
The Body Dojo Release Privacy Policy
INTRODUCTION
This privacy notice provides you with details of how we collect and process your personal data through your use of our sites http://bodydojo.com, https://thebodydojo.com, https://bodydojo.fit, https://shop.bodydojo.com. By providing us with your data, you warrant to us that you are over 18 years of age. THE BODY DOJO, LLC DBA “The Body Dojo” [is/am/are] the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).Contact Details
Our full details are: Full name of legal entity: The Body Dojo, LLC Email address: support@thebodydojo.com Postal address: The Body Dojo, 16912 Laurel Hill Ln #124, San Diego, CA 92127 It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at support@thebodydojo.comWHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT
Personal data means any information capable of identifying an individual. It does not include anonymized data. We may process the following categories of personal data about you:- Communication Datathat includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
- Customer Datathat includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
- User Datathat includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
- Technical Datathat includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyze your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
- Marketing Datathat includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free giveaways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
Media
- If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website
- We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business). [NOTE SEE SECTION 4 BELOW]
Sensitive Data
We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences. Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time. We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at support@thebodydojo.com. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing. We may process your personal data without your knowledge or consent where this is required or permitted by law. We do not carry out automated decision making or any type of automated profiling.HOW WE COLLECT YOUR PERSONAL DATA
We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies. Please see our cookie policy for more details about this. We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.MARKETING COMMUNICATIONS
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business). Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time. Before we share your personal data with any third party for their own marketing purposes we will get your express consent. You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing us at support@thebodydojo.com at any time. If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below:- Service providers who provide IT and system administration services.
- Professional advisers including lawyers, bankers, auditors and insurers
- Government bodies that require us to report processing activities.
- Third parties to whom we sell, transfer, or merge parts of our business or our assets.
- Visitor comments may be checked through an automated spam detection service.