Welcome to BodyVal, (a.k.a. "we" or "us" or the "Company"). The following terms and conditions (together with any documents referred to in them) (collectively, these "Terms of Service") apply to your use of www.bodyval.com, including any content, functionality and services offered on or through BodyVal.com (the "Website").
BodyVal Services and Website will evolve over time. We will update these Terms of Service from time to time without prior notice. You can determine when the Terms were last revised by checking the Effective Date. We encourage you to periodically review our Terms of Service to ensure you understand our privacy practices.
Changes to our Terms of Service will require you to affirmatively acknowledge and consent to the changes the next time you use our Services.
You can track all changes between versions at https://www.bodyval.com/policy/terms/previous.
BodyVal Services are intended for general audiences and are not directed to children under 13.
You must be at least 13 years of age to use BodyVal Services. No individual under this age may use the Service, provide any Personal Data to BodyVal, or otherwise submit Personal Data such as name, address, email, or telephone number through the Service.
Our Service offering and Website will evolve over time. We reserve the right to change, discontinue, modify, expand, or shut this Website, and any service or material we provide on the Website, at any time without liability. Also, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are required to provide a unique email address and a secure password. Account Activation and password resets require email confirmation. You must treat your credentials as confidential, and you must not disclose it to any third party. Any unauthorized use of your account must be reported to us at email@example.com immediately. We are not responsible for any loss resulting from unauthorized use of your username and password with, or without your knowledge.
We reserve the right to suspend your account at any time in our sole discretion for any or no reason including, but not limited to your failure to comply with any provision of these Terms of Service. We will notify you by email, and notify you upon your next attempt to access your account.
3. Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by BodyVal, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Website for your personal, non-commercial use, and other uses expressly authorized by the Terms of Service.
You must not copy material we offer on our site. In particular, you must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site and you must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
If you use any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
Additionally, you agree not to:
The Website contain user generated content, and also may contain message boards, personal webpages or profiles, forums or other interactive features (collectively, "Interactive Services") that allow you to post, submit, publish, display or transmit to other users (hereinafter, "post") content or materials (collectively, "User Content") on or through the Website.
All User Content must comply with the Content Standards set out below.
We claim no intellectual property rights over the User Content. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view, and comment, on your Content, and you grant us the right to use, copy, distribute and disclose to third parties any such material for any purpose. You represent and warrant that you own or have sufficient rights in and to the User Content and have the right to grant the Company and its affiliates the license granted above. You represent and warrant that all of your User Content do and will comply with these Terms of Service, and you agree to defend, indemnify and hold harmless the Company and its affiliates and licensors for any breach of that representation and warranty.
Any feedback, comments, or suggestions you may provide regarding BodyVal is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
In particular, User Content is not intended to be medical advice nor among the users, nor between the users and BodyVal. Use of the Website should never be understood to be replacing use of a qualified medical professional, and BodyVal's relationship to all fitness, body, medical data and transactions completed using the Website is that of a trusted, disinterested third party.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
These content standards apply to any and all User Content and Interactive Services. User Content must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:
If you believe that any User Content violate your copyright, please email us at email@example.com for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers, and we are in the process of setting up a DMCA compliant process for managing cases of infringement.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Your use of BodyVal is at your sole risk. The service is provided on an “as is” and “as available” basis. In particular, you acknowledge that technical support is only provided in only available via email, in English; that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website; that the technical processing and transmission of the service, including User Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We do not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.
BodyVal is based in the state of Connecticut in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
These Terms of Service and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Connecticut. You waive any and all objections to the exercise of jurisdiction over you other courts and to venue in such courts.
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service constitutes the entire agreement between you and BodyVal and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
We welcome any comment, question and communication at firstname.lastname@example.org .