LEBODYCHALLENGE TERMS OF USE
Legal Notice
LeBodyChallenge is a trademark of SunnySideUp LLC.
Director of Publication: Bella Moryn
Address: SunnySideUp LLC. , Suite 1456, Kinwick Center, Hollywood Road, Central Hong Kong
Host: Global Headquarters - Rackspace, US Inc. | 1 Fanatical Place | City of Windcrest |
San Antonio | TX | 78218 | USA | 1-844-855-8562 (Sales) 1-800-961-4454 (Support)
To contact us, click here or email: [email protected]
LEBODYCHALLENGE E-BOOK PRIVACY POLICY & TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE OR THE LEBODYCHALLENGE EBOOK
Privacy Policy
At Speron Inc., your privacy is important to us. All personal information will be held in the strictest confidence. Your name or e-mail address will not be sold to any bulk mailing lists. You may choose to opt out of the Speron Inc. e-mail list at any time by requesting to do so via e-mail.
Speron Inc. collects personally identifiable information when you buy training programs from Speron Inc. including: name, email and other optional information from which your identity may be reasonably ascertained. The personal information collected from Clients during the registration process is used to manage each Client's account (i.e. setup of services).
Speron Inc. also automatically receives and records information on our server logs from your browser including, but not limited to, your IP address, page that you requested, and your browser type.
ALL personal information is held in the strictest confidence and will not be sold or distributed without express consent by you.
Definition of Services
LEBODYCHALLENGE, a Web site and E-Book (sometimes hereafter “the Site and E-Book”) owned and operated by Speron Inc. (hereafter a.k.a. “LEBODYCHALLENGE”), provides a fitness program and health information to consumers.
Acceptance of Terms of Use
You must agree to these Terms of Use in order to use the LEBODYCHALLENGE. By using this Site, you acknowledge your agreement to these Terms of Use. Please read these Terms carefully. If you do not agree to all of the Terms of Use in this agreement, please do not use this Site.
LEBODYCHALLENGE may revise and update these Terms of Use at any time. Please review the Terms of Use periodically as posted at the LEBODYCHALLENGE because your continued usage of the Site and E-Book will mean you accept those changes. Please check these areas before using LEBODYCHALLENGE to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, please terminate your use of LEBODYCHALLENGE immediately (1) by notifying LEBODYCHALLENGE of your unwillingness to accept the changes to the Terms of Use; and/or (2) by discontinuing your use of LEBODYCHALLENGE.
Occasionally, LEBODYCHALLENGE may supplement these Terms of Use with additional terms pertaining to specific content or events, ("Additional Terms"), which Additional Terms may be placed on LEBODYCHALLENGE to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.
SECTION ONE:
Disclaimer of Warranties and Consequential Damages
Neither Speron Inc. nor LEBODYCHALLENGE recommends or endorses any specific test, products, or procedures that may be mentioned on the Site and E-Book. LEBODYCHALLENGE does not assume any liability for the contents of any material provided on the Site and E-Book. Reliance on any information provided by LEBODYCHALLENGE, or other visitors to the Site and E-Book is solely at your own risk. LEBODYCHALLENGE assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. LEBODYCHALLENGE reserves the right to change or discontinue at any time any aspect or feature of this Site.
LEBODYCHALLENGE, its licensors, and its suppliers make no representation or warranties about the accuracy, reliability, completeness, currency or timeliness of the content, software, text, graphics, links, or communication provided on or through the use of the LEBODYCHALLENGE or other Speron Inc. information.
You acknowledge that in connection with the Site and E-Book, information will be transmitted over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control of LEBODYCHALLENGE and its suppliers. Accordingly, LEBODYCHALLENGE assumes no liability for correlating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site and E-Book.
YOU EXPRESSLY AGREE THAT USE OF LEBODYCHALLENGE IS AT YOUR SOLE RISK. LEBODYCHALLENGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF DEALINGS OR COURSE OF PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF THE IMPLIED WARRANTIES, AND TO THAT EXTENT ONLY, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SPERON INC. MAKES NO WARRANTY THAT LEBODYCHALLENGE WILL MEET YOUR REQUIREMENTS, OR THAT LEBODYCHALLENGE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. SPERON INC. DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH LEBODYCHALLENGE. LEBODYCHALLENGE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER LEBODYCHALLENGE NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN LEBODYCHALLENGE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. SPERON INC. ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
NEITHER SPERON INC. NOR LEBODYCHALLENGE SHALL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SITE OR E-BOOK. YOUR PARTICIPATION IN LEBODYCHALLENGE IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEBODYCHALLENGE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LEBODYCHALLENGE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH LEBODYCHALLENGE OR ANY TRANSACTIONS ENTERED INTO THROUGH LEBODYCHALLENGE.
Links to Other Web Sites
This Site contains links with other web sites on the Internet that are owned and operated by third party merchants, organizations, advertisers and other third parties. This Site may also contain advertisements and promotional material of such vendors, advertisers and other third parties. Some or all of the web sites listed as links herein are not under the control of LEBODYCHALLENGE, but rather are exclusively controlled by third parties. Accordingly, LEBODYCHALLENGE makes no representation or warranty as to the content, statements, representations, warranties or other information contained in such links, such other web sites or such advertisements or promotional materials, and it makes no representation or warranty as to the creditworthiness or reputation of any such third party whatsoever concerning such web sites.
Moreover, while LEBODYCHALLENGE may provide a link to a third party, such a link is not an authorization, endorsement or sponsorship by LEBODYCHALLENGE with respect to such web site, its owners or its providers. LEBODYCHALLENGE has no actual knowledge of any illegal, fraudulent, defamatory, slanderous or obscene matters or activities relating to, or being effected through, or in connection with such links, other web sites, advertisements or promotional material LEBODYCHALLENGE has not tested any information, products or software found on such web sites and cannot make any representation whatsoever with respect thereto, nor is it LEBODYCHALLENGE’s obligation to perform an independent investigation of any such web sites. The content of, and the statements and opinions expressed by and through, those web sites linked to this Site do not necessarily reflect the values, statements and opinions of LEBODYCHALLENGE and its electronic connection to such third parties or their electronic connection to LEBODYCHALLENGE does not constitute, and should not be construed as, its endorsement or support of such content, statements or opinions.
Furthermore, it is your responsibility to take precautions to ensure that whatever you select is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
IN NO EVENT WILL SPERON INC. OR LEBODYCHALLENGE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, ON ANY LEGAL THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH ANY USE OF THE SITE AND E-BOOK, OR ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DAMAGE TO YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF LEBODYCHALLENGE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No Medical Advice
This Site and E-Book is designed primarily as a fitness educational resource and is provided for informational purposes only. The content is not intended in any way to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Neither the content nor any other service offered by or through the Site and E-Book is intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on the Site and E-Book.
This Site and E-Book should not be considered inclusive of all proper treatments, procedures and tests or exclusive of other treatments, procedures and tests that are reasonably directed towards obtaining successful weight management or health or fitness.
SECTION TWO:
Privacy
LEBODYCHALLENGE reserves the right to perform statistical analyses and profiling of member and other user behavior and characteristics in order to measure interest in and use of the various areas of the Site and E-Book and to inform advertisers of such information. LEBODYCHALLENGE will provide only aggregate data from these analyses to third parties; no personally identifiable information will be disclosed.
Under no circumstances should this Site or any mailing addresses on this Site be used to send LEBODYCHALLENGE confidential or proprietary information. Data which is not personal, including questions, comments, ideas and suggestions, shall be deemed to be non-confidential and LEBODYCHALLENGE shall be free to disclose and use the same for any purpose, and through any means, without any obligation whatsoever to you. LEBODYCHALLENGE specifically prohibits the use of this Internet site for the purpose of violating laws, engaging in business disparagement or defamation, or discriminating or harassing any person.
Despite the foregoing, in any event subscribers and visitors should be aware that when you voluntarily disclose personally identifiable information (for example, user name, e-mail address) on the bulletin boards or chat areas of LEBODYCHALLENGE, that information, along with any substantive information disclosed in the subscriber's or user's communication, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of LEBODYCHALLENGE. LEBODYCHALLENGE makes no warranties about the discoverability of members' identity by methods beyond our control.
Children and Minors
LEBODYCHALLENGE does not knowingly operate a "web site or online service directed to children" as defined in the Children's Online Privacy Protection Act (15 U.S.C. § 6501 et seq.).
SECTION THREE:
Use of Content
Upon acceptance of these Terms of Use, LEBODYCHALLENGE authorizes you to purchase the material on this Site solely for your personal, noncommercial use (the “Content”). The further copying, redistribution or publication of any part of this Site or E-Book is prohibited. Special rules may apply to the use of certain software and other items provided on the Site and E-Book. Any such special rules are listed as "Legal Notices" The legal notices and are incorporated into these Terms of Use by reference.
You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. The use of the content on any other Web site or in a networked computer environment for any purpose is prohibited. Content is subject to change without notice at the editorial discretion of LEBODYCHALLENGE. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. For information obtained from LEBODYCHALLENGE's licensors, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the notices appearing in the original publications.
Intellectual Property Rights Reserved
All information provided by LEBODYCHALLENGE in any form, is proprietary to LEBODYCHALLENGE and is protected by U.S. and foreign laws and international treaties governing intellectual property. All such information published by LEBODYCHALLENGE or presented by its employees, agents or consultants is copyright protected. Since a copyright notice is no longer required by law, the omission of the copyright notice by LEBODYCHALLENGE does not invalidate copyright protection, and it does not indicate that Speron Inc., authorizes the reproduction of such proprietary material.
None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of LEBODYCHALLENGE.
No License
Except to the extent expressly provided for elsewhere in this Section Three, this Site and E-Book does not confer and shall not be considered as conferring upon anyone any license under any of Speron Inc., or LEBODYCHALLENGE’s or any third party's intellectual property rights.
Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use 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 remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
LEBODYCHALLENGE may assign its rights and obligations under these Terms of Use and upon such assignment LEBODYCHALLENGE may be relieved of any further obligation hereunder.
You represent to Speron Inc. that you have the authority to register with LEBODYCHALLENGE according to these Terms of Use.
Indemnity
You agree to defend, indemnify and hold Speron Inc. and LEBODYCHALLENGE, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the content (including software), or the Interactive Areas in a manner that violates or is alleged to violate these Terms of Use. Speron Inc. shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Jurisdiction and Choice of Law
Speron Inc. is based in Delaware in the United States of America. If you access LEBODYCHALLENGE from outside the United States, you are responsible for compliance with the laws of your jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions.
You expressly agree that exclusive jurisdiction for any dispute with LEBODYCHALLENGE, including any claim involving LEBODYCHALLENGE or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers, or in any way relating to your membership or use of LEBODYCHALLENGE, resides in the courts of the State of Delaware. You further agree and expressly consent to the exercise of personal jurisdiction of the applicable court and that venue shall be in a court sitting in Dover, Delaware.
Remedies for your Breach of these Terms of Service
In the event that LEBODYCHALLENGE determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the on-line community of LEBODYCHALLENGE and its members, LEBODYCHALLENGE reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to LEBODYCHALLENGE, (iii) delete all content provided by you to LEBODYCHALLENGE, (iv) discontinue your registration with LEBODYCHALLENGE and/or any other LEBODYCHALLENGE community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which LEBODYCHALLENGE deems to be appropriate.
Termination
Speron Inc. reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access LEBODYCHALLENGE and/or any other service provided to you by LEBODYCHALLENGE including any e-mail account upon any breach by you of the Terms of Use.
Complete Agreement
These Terms of Use and any Additional Terms (as such terms shall be identified when posted on LEBODYCHALLENGE by Speron Inc.) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of LEBODYCHALLENGE, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.
Thank you for your cooperation with these Terms and Conditions
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