• Your use of the Net Health Shops, LLC. (“Bodybemine”) website, including bodybemine.com and any affiliated sites (the “Site”), tools, services, Content (as defined below) and/or products, including your shopping on the Site (referred to collectively as the “Services”) is subject to this Terms of Use Agreement (this “TOU Agreement”). By accessing, browsing, and/or using the services (referred to as “use” or “using” the services), you are deemed to accept this tou agreement and you agree to be bound by this tou agreement with respect to using the services. If you do not wish to be bound by this tou agreement, do not use the services.
    • Net health shops, llc may revise this tou agreement in its sole discretion. Each time changes are made to this tou agreement, a revised tou agreement will be posted on the bodybemine home page. If you continue to use the services following the posting of a revised tou agreement, it will constitute your acceptance of any such changes and of the revised tou agreement. The most current version of this tou agreement will always be made available by us here. Please check this page from time to time to view the most current tou agreement.
    • The Services and all text, graphics, logos, button icons, images, audio, video, databases, design, codes, and software (“Content”) are intended for your personal use. Bodybemine is the owner of the compilation of Content that is posted on the Site. However, Bodybemine may not necessarily own each component of the compilation. The Content that Bodybemine makes available on the Site may be owned by Bodybemine, owned by others and used with their permission (such as user-generated content), or used in accordance with applicable law. Some Content may be in the public domain and some Content may be protected by third-party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.
    • Bodybemine endeavors to provide information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, use restrictions, etc.); however, Bodybemine can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission. If you have specific questions or information about Content on the Site, please contact service@bodybemine.com.
    • All software used on the Services is the property of Bodybemine or our licensors and protected by United States and international copyright laws. Subject to the terms of this TOU Agreement, Bodybemine hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to Use the Services for your personal use only. This license does not include any: (i) resale or commercial use of the Site or its Content; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Site or its Content; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools. You may not attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Services, in whole or in part. Downloading or copying Services (including the Content) for other than personal use is expressly prohibited without the prior written permission of Bodybemine or any other copyright owner. You acknowledge that you do not acquire any ownership rights by accessing, downloading, or copying any of the Services (which includes the Content), nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Services or use any meta tags or any other hidden text utilizing our names or trademarks, without the express written consent of Bodybemine.
    • All rights not expressly granted herein are reserved.
    • Bodybemine may provide certain interactive features, such as blogs, for the exchange of ideas and information by visitors. If Bodybemine provides such features, Bodybemine encourages you to interact with its Site, subject to the following conditions:
    • You are solely responsible for the content that you submit. You agree that all content you submit is accurate, and the use of such content will not violate this TOU Agreement or cause injury to any person or entity.
    • By posting content, you are granting Bodybemine (and those authorized by Bodybemine) a limited, non-exclusive, transferable, royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, distribute, adapt, display, publish, modify, create derivative works from, and translate such content for any educational, promotional, or other purposes without any obligation to compensate you or any other third party in any way for such use. You also grant Bodybemine (and those authorized by Bodybemine) the right, but not the obligation, to use the name that you submit with such content.
    • You will not post any content that is unlawful, harassing, discriminatory, libelous, obscene, false, inflammatory, pornographic, or that infringes on the rights of any third party.
    • You will only post content that is yours or for which you have received permission to post from the person or entity that owns the content and the related intellectual property rights.
    • You will not insert your own or a third party’s advertising or promotional content into your posting.
    • You understand that Bodybemine may monitor or review discussions, chats, postings, transmissions, bulletin boards, or any other postings from time to time and reserves the right, in its sole discretion, to edit or remove any content that does not comply with these conditions.
    • You understand that Bodybemine assumes no responsibility or liability arising from the posting of your content or for any error, defamation, libel, omission, obscenity, danger, or inaccuracy contained in any posted information or from any failure or delay in removing such content or from your violation of the Children’s Online Privacy Protection Act.
    • You will not introduce any software viruses, worms, or other programs designed to damage software, hardware, or telecommunications equipment.
    • You agree that you will not collect information about the users of the Site or use such information for any purpose.
    • You are not under the age of 13.
    • Bodybemine reserves the right to monitor content or information provided by Site visitors in its sole discretion, to edit or remove any content that, in Bodybemine judgment, does not comply with the foregoing rules, or is otherwise objectionable, inappropriate, or inaccurate. Bodybemine is not responsible for any user-generated content that is posted on the Site or for any failure or delay in removing such content.
    • If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. Bodybemine may sell products made for children, but it is Bodybemine intention to only sell such products to adults. It is Bodybemine intention to never collect or maintain information from children at the Site unless the disclosure of such information is done with verifiable parental or guardian consent.
    • Our Privacy Policy governs the collection and use of certain information that will be obtained by us as you use the Services. Please review our Privacy Policy before you use the Services.
    • Automated queries may never be sent by you to our Services unless Bodybemine has provided you with express written permission. “Sending automated queries” includes, among other things:
      1. using any software that sends queries to our Site to determine how a Website or Webpage “ranks” for various queries;
      2. “meta searching”; and
      3. performing “offline” searches on the Site.
    • You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. Bodybemine is not responsible for any Content that you upload, download, post, email, transmit or otherwise make available or access via the Services. Bodybemine may not control the Content posted or collected via the Services. Bodybemine does not guarantee the accuracy, integrity, or quality of such Content, nor does Bodybemine guarantee that the products, Content, and/or Services will meet your requirements or that the use of the Services will be uninterrupted or error free. Bodybemine is never liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services. It is your responsibility to ensure that any data or information submitted to Bodybemine to receive Services is true and accurate, and is kept up-to-date, including, without limitation, contact information and payment card number and associated information. Your use of any Content is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the Content.
    • You agree to:
      • only Use (or attempt to Use) the Services through interfaces provided by Bodybemine;
      • comply with the instructions in any robots.txt file present on the Services;
      • provide all equipment that is necessary to access the Services;
      • protect the security of the password that you use to access the Services and immediately notify Bodybemine at service@bodybemine.com if you believe or have reason to believe that such security has been breached;
    • You agree to not use the Services to:
      • engage in activity that is in violation of this TOU Agreement or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
      • harm or threaten to harm users in any manner;
      • harm or threaten to harm minors in any manner;
      • stalk or harass any person or entity;
      • impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
      • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
      • infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
      • engage in activity that may interrupt, destroy, or limit the functionality of the Services or of any computer software or hardware or telecommunications equipment;
      • disrupt the normal flow of dialogue or act in a manner that negatively affects other users’ ability to engage in real time exchanges;
      • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
      • intentionally or unintentionally violate any applicable local, state, national, or international law and any regulations having the force of law;
      • use the Services to advertise or perform any commercial solicitation;
      • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
      • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the above paragraphs.
    • You acknowledge that Bodybemine does not warrant or guarantee that any product descriptions or other Content on the Site is accurate, complete, reliable, current, or error-free. In the event a product is listed at an incorrect price or with incorrect information due to any error, including a typographical error or error in pricing or product information received from Bodybemine suppliers, Bodybemine has the right to refuse or cancel any orders placed for products listed at the incorrect price. Bodybemine has the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, Bodybemine shall issue a credit to your credit card account in the amount of the charge as soon as reasonably possible. If you are not completely satisfied with your purchase, you may return or exchange it as described in Bodybemine Return and Exchange Policy.
    • You acknowledge, consent and agree that Bodybemine may access, preserve and disclose your account or user information (if such information exists) as described in the Privacy Policy or if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOU Agreement; (c) respond to claims that any of your acts violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Bodybemine, its users and the public.
    • All items purchased through Bodybemine are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon Bodybemine tender of the item to the carrier.
    • You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    • You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Bodybemine and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
    • By agreeing to this TOU Agreement, you acknowledge that Use of the Services results in interstate data transmissions because of Bodybemine network architecture, business practices, and the manner in which electronic communications are processed.
    • Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
    • You agree to indemnify and hold Bodybemine and its affiliates, subsidiaries, officers, stockholders, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you access, submit, post, transmit, or otherwise make available through the Services, your Use or misuse of the Services, your connection to the Services, your violation of this TOU Agreement, or your violation of any rights of another.
    • You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, unless expressly permitted and authorized by Bodybemine in a separate agreement between you and Bodybemine.
    • Bodybemine may modify, refuse to make available, remove, or discontinue, temporarily or permanently, the Services (or any part thereof) and/or delete any Content, data, materials or information stored on the Site or in the Services at any time with or without notice in Bodybemine sole discretion. You agree that Bodybemine shall not be liable to you or to any third party for any such deletion, modification, suspension or discontinuance of the Services or Content.
    • You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, unless expressly permitted and authorized by Bodybemine in a separate agreement between you and Bodybemine.
    • Your correspondence or business dealings with, or participation in promotions of, advertisers and/or companies found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or company. You agree that Bodybemine shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and/or companies on the Services.
  16. LINKS
    • The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Bodybemine is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Bodybemine shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
    • You expressly understand and agree that:
    • The products on our site are intended for personal, not commercial use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
    • Your use of the services and products on the site is at your sole risk. Unless otherwise expressly specified in writing, the services and products sold on the site are provided on an “as is” and “as available” basis. Unless otherwise expressly specified in writing, Bodybemine and its affiliates, subsidiaries, officers, stockholders, employees, agents, partners, and licensors 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.
    • Unless otherwise expressly specified in writing, Bodybemine and its affiliates, subsidiaries, officers, stockholders, employees, agents, partners, and licensors make no warranty that (i) the services or other materials or products purchased or obtained by you from the services or on the site will meet your requirements, will be uninterrupted, timely, secure, error free, or will be accurate or reliable; (ii) the quality of services or other material or products purchased or obtained by you from the services will meet your expectations; and (iii) any errors in the services (including any software) will be corrected.
    • Any material or products uploaded, transmitted, accessed, purchased, or downloaded from the services (including from on the site), including, but not limited to, content, files, or software, or material or products otherwise obtained through the use of the services is purchased, used, and/or accessed at your own discretion and risk; and Bodybemine and its affiliates, subsidiaries, officers, stockholders, employees, agents, partners, and licensors expressly disclaim any and all liability for damages, including, but not limited to, damages to any computer system or loss of data, that results from the use of the services or upload, posting, transmittal, purchase, or download of content, files, or software or other material or products otherwise obtained through the use of the services.
    • No advice or information, whether oral or written, obtained by you from Bodybemine or through or from the services shall create any warranty not expressly stated in the tou agreement.
    • A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the services. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family or company, have an epileptic condition, consult your physician prior to using the services. Immediately discontinue use of the services and consult your physician if you experience any of the following symptoms while using the services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
    • You expressly understand and agree that Bodybemine, its affiliates, subsidiaries, officers, stockholders, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Bodybemine has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the services; or (v) any other matter relating to the services.
    • Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to you.
    • This TOU Agreement is not enforceable by or for the benefit of any third party.
    • Without Bodybemine prior permission, you agree not to display or use in any manner the Bodybemine marks.
    • If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Site infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). All notices of infringement should be sent to the Designated Agent of BodybemineBodybemine identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Site, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
    • Notices of infringement should be directed to the following Designated Agent of Bodybemine:
      • Net Health Shops, Inc. Attn. Chuck Gregorich 800 Wisconsin St, #102 Eau Claire, WI 54703
      • Or e-mail: service@bodybemine.com
    • If you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Site is infringing upon a copyright, you may be held liable for damages and attorneys fees. If you believe that your content, information, or communication has been removed from the Site due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.
    • You agree to receive communications from Bodybemine electronically. Bodybemine will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Bodybemine provides to you electronically satisfy any legal requirements that such communications be in writing.
    • Entire Agreement. This TOU Agreement constitutes the entire agreement between you and Bodybemine and governs your use of the Services, superseding any prior agreements between you and Bodybemine with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Bodybemine products and/or services, affiliate services, third party content, or products, or third party software.
    • Choice of Law and Forum. This TOU Agreement and the relationship between you and Bodybemine shall be governed by, construed, and enforced in accordance with the laws of the State of Wisconsin, excluding its conflict of law provisions. You and Bodybemine agree to submit to the personal and exclusive jurisdiction of the courts located within Eau Claire County, Wisconsin.
    • Waiver. The failure of Bodybemine to exercise or enforce any right or provision of this TOU Agreement or breach of this TOU Agreement by you shall not constitute a waiver of such right or provision.
    • Severability. If any provision of this TOU Agreement is deemed to be unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objections of such provision to the greatest extent possible under applicable law and the remaining provisions of this TOU Agreement will continue in full force and effect.
    • Statute of Limitations. 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 Services or this TOU Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    • Section Titles. The section titles in this TOU Agreement are for convenience only and have no legal or contractual effect.