Terms of Use | BODYA health

TERMS OF USE AND DISCLAIMER

Terms and conditions of use for the BODYA Websites.

By accessing the websites of BODYA the user accepts the following terms and conditions.

Terms of Use.

These Terms of Use (hereinafter, the “Agreement”) are a legal contract between BODYA, LLC, (hereinafter, “BODYA”, “us” or “we”) and you, and set forth the terms and conditions which govern your use of any of the BODYA or BODYA sponsored websites (hereinafter, the “Sites”), the text, data, information, software, graphics, videos, photographs and other contents and materials (collectively referred to as “Materials”) available on the Sites, the services and online courses offered on or through the Sites (hereinafter, the “Services” and, collectively with the Sites and Materials, the “BODYA Platform”).

The Websites may include some or all of the following: (a) a platform for the purchase and use of digital content, which allows end-users to purchase access to online courses, Materials, streaming contents (pre-recorded audio and video content) as well as live webinars over the Internet for personal use, (b) an e-commerce site, which allows users to purchase products from the BODYA online store, and (c) one or more websites where other online content (including content provided by BODYA, Website users and third parties), resources, tools, products, services, communications and social networking features may be accessed and used. (d) Consultation, advice and orientation services. All of the foregoing are collectively referred to as the “Services.”

You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing. By registering for one or more Online Courses or by accessing or using any of Our Online Courses or by purchasing any Other Products or Services via the BODYA Platform, you agree to be bound by this Agreement. If you do not accept the terms of this Agreement, you should not register for an Online Course, you should discontinue your access or use of the Online Courses immediately and you are not authorised to purchase any Other Products or Services.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING AND USING THE BODYA PLATFORM. BY USING ANY PART OF THE BODYA PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE BODYA PLATFORM OR ANY MATERIALS AND MUST IMMEDIATELY CEASE SUCH USE.

BODYA MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE AND, IF YOU HAVE REGISTERED FOR AN ACCOUNT WITH BODYA (AS DESCRIBED BELOW), WE WILL NOTIFY YOU OF SUCH CHANGES VIA EMAIL. IF YOU DO NOT AGREE TO CHANGES IN THESE TERMS, THEN CANCEL YOUR ACCOUNT WITHIN 30 DAYS OF YOUR RECEIPT OF OUR NOTICE OF CHANGES. YOUR USE OF THE BODYA PLATFORM FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. IF WE REQUEST, YOU AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.

THE INFORMATION, CONTENT AND OTHER MATERIALS POSTED ON OR ACCESSIBLE THROUGH THE BODYA PLATFORM ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BODYA DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE BODYA PLATFORM. RELIANCE ON ANY INFORMATION PROVIDED BY BODYA, ITS AFFILIATED COMPANIES, CONTRIBUTORS TO, OR OTHER USERS OF THE BODYA PLATFORM IS SOLELY AT YOUR OWN RISK.

YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING ANY HEALTH RELATED INTERVENTION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR HEARD ON THE BODYA PLATFORM.

Disclaimer.

BODYA's Website (and all content on Our Website), Our Materials and Our Services include information and instruction relating to health and wellness topics, such as diet, lifestyle, exercise and fitness, relationships and personal growth. You acknowledge and agree that the following warnings and disclaimers shall apply to all of Our Services, Materials and Websites (collectively the BODYA Platform).

BODYA's learning programs and online courses are tools to support your health goal, carried out by healthcare professionals. However, it is not a substitute for medical advice or recommendations from your physician.

Sites, Materials & Services Disclaimer: The information on www.bodyahealth.com/ is provided for educational purposes only and is not intended to treat, diagnose or prevent any disease or health condition. The information on this website is not intended to replace a one-on-one relationship with a qualified health care professional and is not intended as medical advice. It is intended as a sharing of knowledge and information from the research and experience. We encourage you to make your own health care decisions based upon your research and in partnership with a qualified health care professional.

Products Disclaimer: These statements have not been evaluated by the national authorisation and supervisory authority for drugs and medical products. This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a medical condition, consult your physician before using this product.

Using the BODYA Platform.

By using the BODYA Platform, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the BODYA Platform with the consent of your parent or legal guardian who has agreed to this Agreement. If you are a parent or legal guardian agreeing to this Agreement for the benefit of a Minor, you are fully responsible for the Minor’s use of the BODYA Platform, including all legal liability he or she may incur. If you are not at least 13 years old, you may not use the BODYA Platform.

Please note that some Services and Materials may contain content for which you must be at least of a specified age to access and view. By accessing any such materials, you represent and warrant that you are old enough to view such content.

In this Agreement we are granting you a limited, personal, non-exclusive and non-transferable license to access the Sites, use the Services, and display the Materials; your right to use the Materials is conditioned on your compliance with this Agreement. You have no other rights in the Sites, Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Sites, the Services or any of the Materials in any manner. If you make copies of any of the Materials then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Sites.

Unfortunately, if you breach any of the terms of this Agreement, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

Accounts, Passwords and Security.

Certain Sites or Services require you to create an account with BODYA before you are permitted to access and use them. If you wish to create an account you must complete the registration process by providing BODYA with current, complete and accurate information, as prompted by the applicable registration form. All the information that you provide when registering for an account must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes. You acknowledge that by providing any information to BODYA which is untrue, inaccurate, not current or incomplete, BODYA reserves the right to terminate this Agreement and your continued access and use of the BODYA Platform.

As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify BODYA immediately of any unauthorized use of your account or any other breach of security. BODYA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by BODYA or another party due to someone else using your account or password.

Prohibited Activities.

To be clear, we authorize your use of the BODYA Platform only for personal use (“Permitted Purpose”). Any other use of the BODYA Platform beyond the Permitted Purpose is prohibited and, therefore, constitutes unauthorized use of the BODYA Platform. This is because as between you and BODYA, all rights in the BODYA Platform and Materials remain our property.

The Online Courses may not be used in connection with any commercial purposes, except as specifically approved by us. Unauthorised framing of or linking to any of our Online Courses is prohibited. You are prohibited from purchasing any Other Products and Services for resale or other commercial use without Our specific written consent, which may be withheld at our discretion.

Unauthorized use of the BODYA Platform may result in violation of various Swiss and international copyright laws. If we determine that you do act in bad faith in violation of this Agreement, or if we determine that your actions fall outside of reasonable community standards, we may, in our sole discretion, terminate your right to use the BODYA Platform. By way of example, you specifically agree that you shall not:

use the BODYA Platform or any Materials for any public or commercial purpose, which includes use of the Materials on another site or through a networked computer environment.

copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Materials, information, software, products or services obtained through the BODYA Platform;

access the BODYA Platform by any means other than through the standard industry-accepted or BODYA-provided interfaces;

transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;

impersonate any person or entity, including without limitation, a BODYA official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;

post or transmit any material that contains a virus or corrupted data;

delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

use of any BODYA Platform’s communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);

post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;

violate any applicable local, state, national or international law;

upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

delete or revise any material posted by any other person or entity;

manipulate or otherwise display the BODYA Platform or any Materials by using framing or similar navigational technology;

register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Site, Services or Materials if you are not expressly authorized by such party to do so; or

use the BODYA Platform for any purpose that is unlawful or prohibited by this Agreement. You may not use the BODYA Platform in any manner that could damage, disable, overburden or impair BODYA’s servers or networks, or interfere with any other user’s use and enjoyment of the BODYA Platform. Furthermore, you may not attempt to gain unauthorized access to any of the BODYA Platform, accounts, computer systems or networks connected to BODYA through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the BODYA Platform.

Comments and Commenting.

BODYA allows posting of comments or provide chat functionality on the BODYA Platform. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the ability to post comments in the future. BODYA or its designated agents may remove or alter any user-created comments at any time for any reason, but are not required to do so. Information and content posted within these public forums may be provided by BODYA staff, BODYA’s outside contributors, or by users not connected with BODYA, some of whom may employ anonymous user names. BODYA expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these posted comments. Your use of any information appearing in the posted comments is entirely at your own risk. The opinions expressed in these comments are solely the opinions of the participants, and do not reflect the opinions of BODYA or any of its subsidiaries or affiliates.

Submissions.

Certain functionality of the BODYA Platform may permit you to submit feedback, testimonials information, data, text, images, messages, audio and video recordings or other materials (each, a “User Submission”). You agree that you are solely responsible for all of your User Submissions and that each such User Submission is considered both non-confidential and non-proprietary. We do not guarantee that you will be able to edit or delete any User Submission you have submitted.

By submitting any User Submission, you are promising us that:

You own all rights in your User Submission (including, without limitation, all rights to the reproduction and display of your User Submission) or, alternatively, you have acquired all necessary rights in your User Submission to enable you to grant to us the rights in your User Submission as described in this Agreement;

You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submission;

Your User Submission does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

You voluntarily agree to waive all “moral rights” that you may have in your User Submission;

Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;

Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;

You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;

Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own or otherwise have the right to provide);

Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and

Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submission (or any modification thereto), in whole or in part, in any format or medium now known or later developed;

use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service); and

display advertisements in connection with your User Submission and to use your User Submission for advertising and promotional purposes.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of any BODYA Platform through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the BODYA Platform and may remove at any time or refuse any User Submissions for any reason. You understand that when using the BODYA Platform you will be exposed to User Submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, reliability, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, defamatory, indecent, or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.

Links to Third-Party Sites.

We may provide links from the BODYA Platform to third-party websites (“Third-Party Sites”), including, but not limited to, links to websites owned by third parties who manage the sales of BODYA-branded merchandise, course and learning program bookings for BODYA. If you use these links, you will leave the BODYA Platform. BODYA provides these links to you as a convenience, and we do not verify, make any representations, or take responsibility for the Third-Party Sites, including the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, or other activities conducted on or through the Third-Party Sites. Therefore, unless specifically stated on the BODYA Platform, we do not endorse or make any representations about Third-Party Sites or any information, material, or results that may be obtained through the use of Third-Party Sites. In addition, certain areas of the BODYA Platform may allow you to interact or conduct transactions with Third-Party Sites. If you decide to access any of the Third-Party Sites linked to by the BODYA Platform, you do this entirely at your own risk, and you must follow the privacy policies and the terms and conditions for those Third-Party Sites.

Without limiting the foregoing, certain Materials are hosted on the Internet by our third party provider Podia. By accessing such Materials, you agree to comply with the current version of the Podia's Terms of Service, available at https://www.podia.com/terms.

YOU AGREE THAT BODYA WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE, FOR ANY THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED TO ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

Purchases and Payment.

If you wish to purchase any product or service made available through our Website or redeem a gift card (“Purchase”), you must supply payment information including, without limitation, your first and last name, phone number, payment card number, expiration month, billing address, and delivery information.

By making a Purchase and providing payment information, you authorise us (or our third party payment processor) to charge your payment method for the total amount of your Purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Purchase may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Purchase. You can change or update payment information at any time by logging into your account and revising your information.

Payment processing services for the BODYA Platform are provided by third party service providers and are subject to the terms of use/service (collectively, the “Processor Services Agreements”). By making a purchase via the BODYA Platform, you agree to be bound by the applicable Processor Services Agreement as they may be modified from time to time by the applicable third party. As a condition of us enabling payment processing services through our third party service providers, you agree to provide us accurate and complete information about you and your business (as applicable), and you authorise us to share it and the transaction information related to your use of the payment processing services provided by third party service providers.

We may obtain pre-approval for an amount up to the amount of the payment. If you enroll to make subscription or recurring payments automatically, all charges and fees will be billed to the credit card you designate during the account setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your account information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

By providing payment information, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the Purchase. We reserve the right to refuse or cancel your Purchase at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, errors in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

All prices shown are in Swiss francs and do not include applicable taxes. Taxes may vary and are not within our control. We may adjust future prices as necessary, in our sole discretion. By making a Purchase, you agree to pay the then-current Purchase price. Purchases are not to be used for resale or any commercial purposes.

Subscriptions.

Certain Services and Materials available for purchase on or through the BODYA Platform are purchased on a subscription basis (each a “Subscription”). Each Subscription and the rights and privileges provided to subscribers are personal and non-transferable.

The fee that you will be charged for your Subscription will be the relevant price posted on the BODYA Platform on the date that you subscribe. We reserve the right to change our standard pricing for Subscriptions at any time. Such changes will affect your Subscription following the end of your Subscription period, provided that we give you at least 30 days email notice of any price change. If you do not agree to such price change, then click on your Account Settings and cancel your Subscription before the start of any such price change. Free-trials and promotion-priced subscriptions will convert to full price subscriptions at the end of the free-trial or promotion period, as applicable. To avoid any charges, you may cancel your subscription before the end of any free trial by clicking on your Account Settings page and cancelling your subscription.

You may pay Subscription fees only with credit card payments. Your credit card will be charged for your first Subscription fee on the date that we process your registration. Once your credit card is charged the first Subscription fee, you will receive a confirmation e-mail notifying you of your ability to access those subscriber-only portions of the BODYA Platform.

IMPORTANT NOTICE – AUTOMATIC RENEWAL: IF YOU SIGN UP FOR A SUBSCRIPTION THAT INCLUDES A FREE-TRIAL OR PROMOTIONAL PRICE PERIOD OR HAVE REGISTERED A GIFT SUBSCRIPTION, UNLESS YOU HAVE CANCELLED YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THE FREE-TRIAL PERIOD, PROMOTIONAL OR GIFT PERIOD WE WILL AUTOMATICALLY CHARGE YOU FOR THE FIRST MONTHLY SUBSCRIPTION FEE UPON THE EXPIRATION OF THE FREE-TRIAL, PROMOTIONAL OR GIFT PERIOD AND EACH SUBSEQUENT MONTH THEREAFTER. THE PRICING FOR SUCH SUBSCRIPTION WILL BE AT THE PRICE YOU AGREED TO AT THE START OF THE FREE TRIAL PERIOD.

BEGINNING WITH THE FIRST MONTH, QUARTER, HALF-YEAR OR YEAR (DEPENDING ON THE LENGTH OF YOUR SUBSCRIPTION PERIOD) FOLLOWING THE END OF THE SUBSCRIPTION PERIOD YOU INITIALLY SUBSCRIBE TO USE THE APPLICABLE SERVICE OR MATERIALS, WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION AND, AS AUTHORISED BY YOU DURING THE REGISTRATION PROCESS, WE WILL CHARGE YOUR CREDIT CARD WITH THE APPLICABLE MONTHLY, QUARTERLY, SEMI-ANNUAL OR ANNUAL SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR PAYMENT (UNLESS YOU CANCEL AT PRIOR TO THE LAST DAY OF YOUR THEN-CURRENT SUBSCRIPTION PERIOD). EACH RENEWAL PERIOD WILL BE FOR THE SAME LENGTH AS YOUR IMMEDIATELY PRECEEDING SUBSCRIPTION PERIOD.

YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CLICKING ON YOUR ACCOUNT SETTINGS PAGE OR BY CONTACTING US AS FOLLOWS:

info@bodya.ch

WE REQUIRE A REASONABLE AMOUNT OF TIME TO PROCESS YOUR CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION AFTER THE FIRST DAY OF YOUR RENEWAL TERM, YOU WILL NOT RECEIVE A REFUND, BUT YOU WILL CONTINUE TO ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT MONTH FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THAT MONTH.

WE RESERVE THE RIGHT TO MODIFY OUR PRICING AT ANY TIME (BUT NOT THE PRICE IN EFFECT FOR YOUR THEN-CURRENT SUBSCRIPTION), UPON ADVANCE NOTICE TO YOU. IF YOU HAVE NOT CANCELLED YOUR SUBSCRIPTION WITHIN THE SPECIFIED TIME AFTER RECEIVING NOTICE OF A PRICE CHANGE, YOUR SUBSCRIPTION WILL AUTO-RENEW AT THE PRICE INDICATED IN YOUR NOTICE.

Electronic Communications.

By using the BODYA Platform, the Materials and/or buy our Products and Services, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the BODYA Platform and Materials. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy Policy.

We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. Please review our privacy policy (the “Privacy Policy”), which further explains how BODYA collects and uses the information that we obtain through users’ use of the BODYA Platform.

Proprietary Rights.

The trademarks and logos of BODYA (“Our Trademarks”) used and displayed on various parts of the BODYA Platform and Materials are registered and unregistered trademarks of BODYA. Other company, product, and service names located on the BODYA Platform may be trademarks owned by others (the “Third-Party Trademarks” and, collectively with Our Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Our Trademarks inures to our benefit.

Unless otherwise specified in this Agreement, all Materials, including the arrangement of them on the BODYA Platform are our sole property, or the property of our suppliers and licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Disclaimer of Warranties.

Your use of the BODYA Platform is at your own risk. The Materials and Online courses may include inaccuracies or typographical or other errors. BODYA does not warrant the accuracy or timeliness of the Materials contained on the BODYA Platform and we have no liability for any errors or omissions in the Materials and online Courses, whether provided by BODYA, our licensors, partners or suppliers, or other users.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BODYA, FOR ITSELF, ITS PARTNERS AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITES, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON THE BODYA PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ONLINE COURSES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BODYA PLATFORM, MATERIALS AND ANY OTHER INFORMATION OR CONTENT CONTAINED OR PRESENTED ON OR THROUGH THE BODYA PLATFORM, IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AS WELL AS ANY WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. BODYA DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OR SUITABILITY OF ANY PRODUCTS, SERVICES OR BUSINESSES THAT MAY BE DISPLAYED ON OR THROUGH THE BODYA PLATFORM, OR AS TO THE CONDUCT OF USERS OF THE BODYA PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE BODYA PLATFORM AND WITH OTHER PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE BODYA PLATFORM, PARTICULARLY IF YOU DECIDE MEET OR CONDUCT BUSINESS OFFLINE OR IN PERSON.

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BODYA NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE BODYA PLATFORM OR MATERIALS; (ii) ANY CONTENT CONTAINED ON OR ACCESSED THROUGH THE BODYA PLATFORM; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE BODYA PLATFORM; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE BODYA PLATFORM; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE BODYA PLATFORM OR IN THE MATERIALS; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT OR MATERIALS ON OR ACCESSIBLE THROUGH THE BODYA PLATFORM, OR (vii) ANY OTHER MATTER RELATING TO THE BODYA PLATFORM. IN NO EVENT SHALL BODYA’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY THE BODYA PLATFORM AND MATERIALS.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE BODYA PLATFORM, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE BODYA PLATFORM. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE BODYA PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE BODYA PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE BODYA PLATFORM, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON.

Professional Advice Disclaimer.

THE BODYA PLATFORM AND MATERIALS OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND ARE 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 SEEN, READ OR HEARD ON THE BODYA PLATFORM OR IN THE MATERIALS. THE USE OF ANY SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON OR AVAILABLE VIA THE BODYA PLATFORM IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

THE BODYA PLATFORM AND MATERIALS ARE CONTINUALLY UNDER DEVELOPMENT AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BODYA MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THEIR ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED OR OBTAINED ON OR THROUGH YOUR USE OF THE BODYA PLATFORM WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS.

Indemnification.

You agree to indemnify, defend, and hold BODYA and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any User materials that you submit to BODYA or post on any forums (e.g., support groups, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the BODYA Platform. This Section shall survive in the event this Agreement is terminated for any reason.

Jurisdictional Issues.

BODYA controls and operates the BODYA Platform from Switzerland and makes no representation or warranty that the BODYA Platform or Materials are appropriate or available for use in locations outside Switzerland. Those who choose to access the BODYA Platform and/or Materials from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. BODYA reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the BODYA Platform and/or Materials to any person, geographic area, or jurisdiction we so desire, and/or to limit the quantities of any Services or products that we provide.

Feedback.

To the maximum extent permitted by applicable law, any submissions by you to us (e.g., comments, questions, suggestions, documents, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email, submission or request form) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable and/or subject to copyright, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Modification, Discontinuation and Termination.

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, any of the Online Courses (or any portion thereof) or our Other Products and Services with or without notice. You agree that We will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our Online Courses, our Product or our Services.

This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that BODYA, in its sole discretion, may terminate your account, or use of the BODYA Platform or Materials (in whole or in part), and remove and discard any content from the BODYA Platform, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. In the event that BODYA exercises this right to terminate for convenience rather than as a result of your violation of the terms of Agreement, BODYA will refund on a pro rata basis any unused portion of your subscription price for the time period of any unused subscription (this only applies for time-limited subscriptions).

Contact Us.

If you have any questions about this Agreement or otherwise need to contact us for any reason, you can reach us by email at info@bodya.ch or here.