Sexy Strong Summer Giveaway

Brooke Burke
Sexy Strong Summer Challenge
Official Rules

No Purchase Necessary. A purchase will not increase your chances of winning.

(1) ELIGIBILITY. The Sexy Strong Summer Challenge Sweepstakes (“Sweepstakes”) is open only to natural persons who are legal residents of the United States of America (excluding Rhode Island), who have a valid social security number, and who are at least eighteen (18) years of age at the time of entry. The Sweepstakes may only be entered from eligible jurisdictions. Employees of the Sweepstakes Entities (as defined below), prize providers, and each of their respective parent, subsidiary and affiliate companies, agents, divisions, and/or representatives as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, are not eligible to participate. The Sweepstakes is subject to all applicable, federal, state, and local laws and regulations. Void where prohibited.

Participation constitutes unconditional agreement to these Official Rules and both Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Sponsor and Administrator: The Sponsor and Administrator of the Sweepstakes is BB Body, Inc. (“Sponsor,” “Administrator”). Sponsor and Administrator are collectively referred to herein as “Sweepstakes Entities”.

(2) MANDATORY INSTAGRAM AND FACEBOOK DISCLOSURE. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram or Facebook. You are providing your entry to Sponsor and not to Instagram or Facebook. The information you provide will only be used for administering this Sweepstakes and for marketing purposes in accordance with Sponsor’s privacy policy, located at https://brookeburke.com/2022/06/14/sexy-strong-summer-giveaway/ Entry constitutes a full release of Instagram or Facebook with respect to any claims you may have arising out of participation in this Sweepstakes.

(3) SWEEPSTAKES PERIOD. The Sweepstakes begins at 9:00 a.m. Pacific Time (“PT”) on June 14, 2022 ends at 4:00 p.m. PT on August 13, 2022 (the “Sweepstakes Period”). Administrator’s clock is the official time keeping device of the Sweepstakes.

(4) HOW TO ENTER.
There are multiple methods of entry depending on what social media platform you use.

If via Facebook:
Follow the Facebook accounts associated with @BrookeBurke
Comment about the Sexy Strong Summer Challenge and use the hashtag #BrookeBurkeBody

If via Instagram:
Follow @brookeburkebody
Comment about the Sexy Strong Summer Challenge and use the hashtag #BrookeBurkeBody

You must register for an account or have an account already in good standing with the applicable social media platform in order to enter this Sweepstakes. If you are not a registered user of one of the applicable social media platforms, you may open an account for free at the relevant platform or site. Registration for and use of the platform is subject to its terms and conditions and Sweepstakes Entities have no responsibility with respect to such registration or use.

Sweepstakes Entities are not responsible for the functionality of the platform, including changes that may interfere with the Sweepstakes or the ability of a potential participant to participate in the Sweepstakes.

Each participant is eligible to submit one entry per platform, regardless of method or combination of methods of entry or number of entries submitted. Multiple entrants are not permitted to share the same email address or other relevant account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated technology or system to participate is prohibited and will result in disqualification. Any automated receipt (such as one confirming posting of re-tweet) does not constitute proof of actual receipt by Administrator of an entry. Sweepstakes Entities are not responsible for lost, late, incomplete, invalid, unintelligible, garbled, corrupted or otherwise illegible, or misdirected registrations, which will be disqualified entries are void and will not be accepted. All entries become the property of the Administrator and may not be acknowledged.

All online entries must be received by 4:00 pm PT on August 13, 2022 according to Sponsor’s time clock. Sponsor reserves the right to disqualify false entries or entries suspected of being false. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the person in whose name the email account governing the account used in the entry was opened.

(5) ODDS. Odds of winning a prize depend on the number of eligible entries received.

(6) SELECTION AND NOTIFICATION OF SELECTED ENTRANT. Each qualified entry (“Selected Entrant”) will be entered into the random drawing for the Grand Prize.

Administrator will randomly select five potential winners from all eligible entries on or about the day following the end date of the Sweepstakes. Administrator’s decisions as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Sweepstakes. Administrator reserves the right to disqualify any participant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Sweepstakes, or obtained winner status using fraudulent means. All potential winners are subject to verification by Administrator. Administrator will not accept screen shots or other evidence of winning in lieu of its validation process. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each potential winner will be notified by mail, email, or phone. Each potential prize winner may be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (“Affidavit”) and an I.R.S. Form W-9 as applicable (except where prohibited), which must be received by Administrator within seventy-two (72) hours of the time notice or attempted notice is sent, in order to claim a prize (if applicable). If a potential winner of any prize cannot be contacted, fails to sign and return the Affidavit within the required time period (if applicable), declines the prize or prize is returned as undeliverable, such potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason, Administrator will attempt to award the corresponding prize to an alternate winner by random drawing from among all remaining eligible entries. All alternate potential winners are subject to all requirements set forth in these Official Rules. Only five (5) alternate winners will be selected, after which the prize will remain un-awarded. You may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Administrator may request any potential winner to provide proof that such person is the winner. All potential winners are subject to verification before any prize will be awarded.

Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sweepstakes Entities’ use of winner’s name, social media identity, likeness, photograph, voice, opinions, hometown, and state for promotional purposes in connection with this Sweepstakes in any media, worldwide, without further payment or consideration.

(7) GRAND PRIZES. Two Baggallini Gift Swag Bags

Grand Prizes are divided as follows among the platform methods of entry: One Grand Prize winner selected from Instagram entries, and One from the Facebook entries. Alternate winners will be selected according to the same proportional ratio(s).

Each entrant may win only one (1) Prize. Lost or stolen prizes will not be replaced. Prize does not include any other item or expense not specifically described in these Official Rules, and any such additional expenses are the sole responsibility of winner. Prizes may not be transferred or assigned. Only listed prizes will be awarded and no other prizing or substitutions will be made except at the sole discretion of Administrator. Winners agree to accept the prize “as is”, and entrants hereby acknowledge that Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. Any valuation of the prizes stated above is based on available information provided to Administrator and the value of any prize awarded to a winner will be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes. Each winner must provide Administrator with a valid taxpayer identification number or social security number before any prize will be awarded.

Approximate Retail Value (“ARV”) of each Grand Prize: $200.

Any difference between the actual value and the actual retail value will not be awarded. Prizes are not transferable and are non-refundable. No substitution, transfer, or cash redemption of prize, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason.

All details regarding redemption of the Prize are at Sponsor’s sole discretion and will be provided at the time of Selected Entrant’s Notification. If Selected Entrant is unable to participate in or accept the prize or any portion of the prize for any reason the prize will be forfeited, and Sponsor shall have no further obligation to the Selected Entrant. Grand Prize will be delivered to a U.S. address only via U.S. Mail, national delivery services or courier at Sponsor’s sole discretion. Allow approximately 6-12 weeks for delivery of Grand Prize.

(8) CONDITIONS. This Sweepstakes is subject to all applicable federal, state, and local laws of the United States. By participating, all entrants agree to be fully and unconditionally bound by these Official Rules and Sponsor’s decisions and waive any right to claim ambiguity in the Sweepstakes or these Official Rules.

All federal, state, or other tax liabilities (including income taxes) arising from this Sweepstakes will be the sole responsibility of Selected Entrant and Selected Entrants may be issued an IRS Form 1099 for the ARV of any awarded prize.

Selected Entrants agree to release, discharge, indemnify and hold harmless Sponsor, and its officers, directors, employees, representatives and agents from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Sweepstakes-related activity or participation in this Sweepstakes.

Sponsor reserves the right to disqualify any Select Entrant it finds to be tampering with the entry process or the operation of the Sweepstakes or violating these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any portion of the Sweepstakes may be canceled, suspended and/or modified, in whole or in part, if in Sponsor’s opinion any fraud, technical failure or other factor beyond its control impairs the integrity or proper functioning of the Sweepstakes, and Sponsor reserves the right at its sole discretion to terminate the Sweepstakes and, if terminated, at its discretion, select the potential winner(s) in a random drawing from among all eligible, non-suspect entries received prior to action taken. Unclaimed Prizes will not be awarded.

Caution: any attempt to deliberately damage or undermine the legitimate operation of the sweepstakes may be in violation of criminal and civil laws and will result in disqualification from participation in the sweepstakes. Should such an attempt be made, sponsor reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.

Sweepstakes Entities are not responsible: (1) for any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) for technical and/or communications malfunctions, errors or failures of any kind; (3) for unauthorized human intervention in any part of the Sweepstakes; (4) for technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize; or (6) if the Sweepstakes cannot take place or if any prize cannot be awarded due to acts of war, natural disasters, weather or acts of terrorism. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Administrator reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

Sweepstakes Entities’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

RELEASE AND LIMITATION OF LIABILITY: ENTRANTS, BY PARTICIPATING IN THE PROMOTION, HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE PROMOTION ENTITIES, prize providers, promotional agencies, franchisees, and each of their respective parent companies, affiliates, subsidiaries, DIVISIONS, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, FROM ANY AND ALL LIABILITY FOR ANY CLAIMS, COSTS, ACTIONS, INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, the unauthorized or illegal access to personally identifiable or sensitive information PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THE SWEEPSTAKES OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY. CLAIMS MAY NOT BE RESOLVED THROUGH ANY FORM OF CLASS ACTION AND SHALL BE RESOLVED INDIVIDUALLY exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. ELIGIBLE PARTICIPANTS AGREE THAT PROMOTION ENTITIES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE SWEEPSTAKES OR THE PRIZE AWARDED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROMOTION ENTITIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PROMOTIONAL WEB SITE AND PROMOTION ENTITIES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO.

Sweepstakes Entities reserve the right to modify prize award procedures. The Sweepstakes and these Official Rules, and the validity, construction, performance, and enforcement thereof, shall be governed by and construed in accordance with the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

9) PRIVACY. Information submitted by entrants will be collected by Administrator’s systems based in the United States and such collection will be subject to applicable United States laws. Entrants may withdraw personal data upon request; however, entrant will be disqualified if personal data is withdrawn prior to the determination of the winners and fulfillment of the prizes. Information submitted by entrants is subject to Administrator’s privacy policy: []. https://brookeburke.com/2022/06/14/sexy-strong-summer-giveaway/ Entrant’s participation in this Sweepstakes constitutes consent for Administrator to use entrant’s personal information solely for the purpose of administering the Sweepstakes and awarding the prizes, unless entrant has opted to receive e-mail communications from Administrator.

10) WINNERS’ LIST AND SWEEPSTAKES RULES. To obtain a copy of these official rules within 90 day of the Sweepstakes Period, please go to https://brookeburke.com/2022/06/14/sexy-strong-summer-giveaway/

© 2022 BB Body, Inc.. All rights reserved.

 

Terms Of Use

 

Effective and last revised on June 14th, 2022

 

Welcome to the Brooke Burke branded sites and mobile applications, which are owned and operated by BB Body, Inc.  (“BB”) and its affiliates.

This  terms and conditions and this End-User License Agreement (including any supplemental terms, as applicable) (“EULA” or “Agreement”) governs your use and access of BrookeBurke.com  (the “BB Site” or “Site” (or collectively “Sites”)), and BB’s mobile and platform applications, including https://watch.brookeburkebody.com (collectively “Applications”). The Site and Applications are made available by and you are entering into this EULA with BB Body, Inc.  The Site and Applications, along with the fitness service and content made available therein are also referred to herein as the “BB Service” or “Service”. Any Service purchased hereunder is purchased from BB Body Inc./or a BB third party authorized plaforms or vendors. By registering as a member or by accessing or using the BB Service in any way, you accept this Agreement, including any associated polcies (including our privacy polices and any code of conduct polciies). 

You should also read and understand the BB Privacy Policy, which is incorporated by reference into and made a part of this Agreement. This Agreement also includes any additional payment terms and other requirements set forth on the download or purchase page of marketplaces through which you may purchase or download Applications or access the Service. These marketplaces may have additional terms, conditions and usage rules that govern your access to and use of the Applications and/or the BB Service. 

Prior to using the BB Service, it is important for you to know and understand that by accessing and/or using the Service through any means, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the BB Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your access and use of the Service. If you have any questions or concerns regarding the terms or conditions herein, please email us at [email protected] 

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT ACCESS OR USE THE APPLICATIONS, SITE OR THE SERVICE. 

We may amend this Agreement from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message or an email to the email address provided at registration, which notifies you of such changes, shall constitute reasonable means. Your continued use of the Applications, Site or Service after we post any amendments to this Agreement will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue your access to and use of the Service. 

By using the Service, you consent to receiving this Agreement in electronic form. 

Notice to consumers: depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect. 

HEALTH WARNING AND LIABILITY DISCLAIMER: 

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE OR WEIGHT LOSS PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE OR OTHER MEDICAL CONDITION THAT MAY BE IMPACTED BY A CHANGE TO DIET OR EXERCISE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 3 and SECTION 4 AND SECTION 22 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE. BB  SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE SERVICE. 

PLEASE READ VERY CAREFULLY ALL OF THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITES. BY ACCESSING AND/OR USING THE WEBSITES, YOU ARE AGREEING TO BE BOUND BY ALL OF THE FOLLOWING TERMS OF USE AND PRIVACY POLICY.

 

  1. Parties.The following Terms of Use and the associated Privacy Policy https://brookeburke.com/2022/06/14/sexy-strong-summer-giveaway/ as well as any other guidelines, rules or operating policies that BB may establish and post at the Sites from time to time, all of which are hereby incorporated by reference. All of the foregoing, which are collectively referred to also as party of  the “Agreement,”set forth the terms and conditions of a legally binding contract between each visitor to and/or user of the Sites (together with any business, entity or organization each such visitor and/or user may be representing) (referred to as “you” or “your” or “User”) and BB Body, Inc.  (“BB,” “we,” “our” and “us”).

 

  1. Acceptance of Terms and Agreement to Be Bound.The Services are offered to you on the condition that you accept and agree to be bound by this Agreement in its entirety without modification of any kind. By accessing and/or using any of our Sites, you agree to be bound by this Agreement, whether you are a Visitor(which means that you simply browse one or more of our Sites) or you are a Registered User (which means that you have registered to use the Sites and have subscribed to use one or more of the Services). If you do not accept the terms of this Agreement, you are not permitted to use the Sites and/or subscribe to the Services, and you are obliged to exit all of the Sites and discontinue any and all use of the Sites and the Services immediately.

 

  1. Medical Disclaimer.  YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THE SERVICE OR ANY OTHER EXERCISE OR WEIGHT LOSS PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, HAVE A BONE OR JOINT PROBLEM OR OTHER MEDICAL CONDITION THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY OR DIET. DO NOT USE THE SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING OR FASTING, YOU SHOULD STOP IMMEDIATELY. THE SERVICE OFFERS GENERAL HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY OF THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SERVICE 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 A PHYSICIAN OR OTHER HEALTH- CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK. 

 

IF YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY. 

 

THE SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND BB MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE SITES WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. 

 

  1. Your Representations and Warranties.  In using the BB Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise or, if applicable engage in intermittent fasting, including without limitation pregnancy; or (B) your physician has specifically approved of your use of the BB Service. You further affirm that you will not access the Service outside the United States. 

 

Company makes no representation that content or materials in the Site are appropriate or available for use in jurisdictions outside the United States. Access to the Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Site or Service from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Company is not responsible for any violation of law. You agree that the Site, the Service, any related agreement and these Terms shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where Company maintains your User Account, or, if BB transfers your account to another location, where BB currently maintains your account. The Site shall be deemed a passive website and service that does not give rise to personal jurisdiction over BB, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where BB maintains your User account, or, if BB transfers your account to another location, where BB currently maintains your account. As noted hereunder, you further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

 

  1. Modifications.We may modify this Agreement from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting at any of our Sites or Applications. By accessing and/or using any of our Sites after any such modification is posted, you are agreeing to be bound by such modifications. You also acknowledge and agree that it is your responsibility to monitor the Sites for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to cancel your account and discontinue your use of the Sites and the Services. Except as otherwise expressly provided herein, any new features, tools, products and/or services that change, augment, enhance or upgrade the current Sites and/or the Services will be subject to this Agreement.

 

  1. General Registration Requirements.Visitors are currently permitted to view only limited portions of the Sites and the opening page of the Application(s) prior to deciding whether to become a Registered User. Full access to the Sites and the Services is available only to Registered Users and, if a subscription is required, then only to Registered Users who are also paid subscribers. If you wish to become a Registered User, you must register and  must complete the registration procedures displayed on the registration page(s) of the Service and, where applicable, pay the required subscription fee. Some aspects of the Sites and the Services are available to all Registered Users, and some are available only to Registered Users who have paid the required subscription fee and/or other charges, all of which are posted at the Sites.

 

  1. Age Requirements for Access and Use of the Services.By accessing and using the Service, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of the United States or other applicable jurisdiction. Registration, subscription, access to and use of the Sites and the Services are not available to users under the age of 18 and are void where prohibited by applicable law.

 

  1. Requirements for Becoming a Registered User.By completing the registration procedures displayed on the registration page(s) of the Sites, you acknowledge and agree that (a) you are representing to us that you are providing true, accurate, current and complete information about yourself as prompted by the registration form available on our Sites or Applications (the Registration Data), and (b) you are obliged to maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the Sites and the Services (or any portion thereof).

 

  1. Children.Due to the nature of the Internet, we cannot prohibit minors from visiting our Sites. However, our Sites are not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Sites. If you believe that a child has provided information to us through the Sites, please contact us by email at [email protected] or by writing us at BB Body, Inc. C/o Gelfand, Rennert & Feldman, LLC, 1880 Century Park East, #1600

Los Angeles, CA 90067. We will use our best efforts to remove all of the information provided by the child from our system. (See our Privacy Policy set forth below for additional information about Children’s Online Privacy Protection Policy.)

 

  1. Member Account, Password and Security.As a Registered User, you are required to choose a password, and provide your email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality and security of the password and all other account information, and you are fully responsible and liable for all access to and use of the Sites and the Services that occur under your password or account. You agree to (a) immediately notify us by e-mail to c/o Gelfand, Rennert & Feldman, LLC, 1880 Century Park East, #1600

Los Angeles, CA 90067 of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. BB will not be liable for any loss or damage arising from your failure to comply with this section.

 

  1. Preservation and Disclosure of Account Information and User Content.You acknowledge and agree that BB may access, preserve and disclose your account information and User Content 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 Agreement; (c) respond to claims that any Site Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BB, the other users of the Sites and Services, and the public. However, under no other circumstances will BB intentionally disclose your account information to any third party except as otherwise provided in our Privacy Policy, which is set forth below.

 

  1. Security Components.You acknowledge and agree that the Sites and the Services, and the software embodied within the Sites and the Services, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by BB and/or content providers who provide content to BB. You may not attempt to override or circumvent any such security components and usage rules embedded in the Sites and the Services.

  2. Subscription Fees and Payment.Access to and use of the Services is subject to a subscription fee (“Fee”). The Fee is payable in U.S. dollars or other currency as applicable. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the time of your subscription or the end of your free trial, and regularly thereafter based on the terms of your subscription, and you hereby authorize BB to charge your credit card for the then-applicable subscription fee. The Fee is non-refundable except as provided in Section 28 below (“Term and Termination”). BB reserves the right to change or modify the Fee or payment schedule and the related terms of the mechanics of the payment of the Fee (including, without limitation, increasing prices and charging a fee for upgrades) at any time. Plans priced in currencies other than U.S. dollars are subject to adjustment due to fluctuations in exchange rates. BB will use its reasonable best efforts to provide you with reasonable notice prior to making any fee changes or modifications, with the exception of exchange rate changes. If BB is for any reason unable to effect automatic payment via your credit card, BB will attempt to notify you via email and your account will be disabled until payment is received. You are responsible for notifying us of any changes to your credit card information and to update your information if your credit card has expired. BB may suspend, terminate and/or otherwise interrupt your access to the Services if you fail to so notify BB.

 

All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any federal, state, municipal or other governmental authority, all of which taxes you are required to pay except for taxes based on BB’s net income. You are responsible for obtaining and providing to BB any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability.

 

You agree to pay your account balance on time. You are responsible and liable for any costs and expenses, including attorney and collection fees, that BB may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to BB. You are required to notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement by sending a written notice to BB Body, Inc. c/o Gelfand, Rennert & Feldman, LLC, 1880 Century Park East, #1600

Los Angeles, CA 90067. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.

 

For subscriptions completed in our iOS mobile application(s), the following terms apply: 

 

  • Payment will be charged to iTunes Account at confirmation of purchase. 
  • Subscription automatically renews unless auto-renew is turned off at least 24-hours 

before the end of the current period.  Your cancellation will be effective as of the next billing date. As well all such subscriptions and renewals are subject to the applicable third party’s terms and conditions (e.g. Apple, etc.) 

  • Account will be charged for renewal within 24-hours prior to the end of the current 

period and identify the cost of the renewal. 

  • Subscriptions may be managed by the user and auto-renewal may be turned off by going 

to the user’s Account Settings after purchase. 

 

  1. Free Trials. BB offers a free trial period, and/or a ramping up period where you are able to explore the scope of Services  offered under subscription without charge or a fee (“Free Trial”).  This Free Trial is reserved to new members and those parties who have not yet signed up for a subscription. Not all of the Sites, Services or functionality of such may be available during a Free Trial period. BB reserves the right to determine if you are eligible for a Free Trial and to discontinue any Free Trial without notice for any or no reason. BB also reserves the right to modify, cancel, and or limit a Free Trial without notice at any time. Each Free Trial and/or subscription term will begin on the day that you sign up for the Free Trial  and will continue for seven (7) days, or any other period of time as authorized by BB. Your subscription will then convert to a Fee subscription automatically at the then monthly or annual rate (whichever is applicable) unless you or we terminate pursuant to these Terms. You are responsible for all fees related to your initial term as well as any renewal terms. If you wish to upgrade your subscription level or certain portions of such, please contact us via your account. Any discounts applied to a previous subscription or an initial term may not apply to a renewed subscription, including to any automatic renewals in any manner.

 

  1. Pricing and Special Offers. The pricing of our Services may vary periodically. We cannot guarantee that the price of your subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up. At certain times, we may offer special promotional offers (“Special Offers”) that are billed at a discounted rate. In these cases, you will begin to be billed at the time payment information is collected. 

 

  1. Quarterly and Annual Subscriptions. We may offer Subscriptions to the BB Site or other Services for a longer term (for example, 3 months, 6 months or even a year). These longer-term Subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial subscription term you selected (for example, if you initially purchased a 3 month subscription, your subscription would automatically renew for three months; 6 month subscriptions will automatically renew for six months, annual for a year, and so on). The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term. If you purchased a subscription to one of BB’s mobile applications through the Apple Store, you can cancel by turning off auto-renewal through your iTunes account settings. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service. 

 

  1. Changes to Subscription Fees; BB may increase its subscription fees or ther fees for the BB Site effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees. 

 

  1. Cancellation; Term and Termination; Account Deletion

 

HOW TO CANCEL.

If you are accessing the BB Service through a non-affiliated third party application (including a mobile application such as iTunes), cancellation, uninstall and removal methods vary depending on your device or the marketplace through which you purchased or downloaded the Application. To uninstall and remove a BB mobile application, please use the application manager provided with your device or consult your device manual for reference. Additionally, if you purchased access or downloaded Applications through a third party marketplace, cancellation and refunds may be governed by such third party’s cancellation and payment policies. If you purchased your subscription through the Apple Store, you can cancel anytime by turning off auto-renewal through your iTunes account settings. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service. 

 

TERMINATION FOR BREACH: BB may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if BB determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage BB’s reputation or goodwill. If BB deletes your account for the foregoing reasons, you may not re-register for the BB Service. BB may block your email address and Internet protocol address to prevent further registration. BB is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.  After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

 

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by BB will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. BB shall not be responsible for the loss of such content. 

 

14a. Content. The content available at the Sites and the Services generally consists of (a) content owned by BB, including but not limited to the trademarks, trade dress and “look and feel” of the Sites and content created and/or acquired and owned by BB (“BB Content”), (b) content owned by third parties and licensed to BB for specified uses on the Sites and the Services (“Third-Party Content”), and (c) content that may be posted and/or otherwise uploaded to the Sites and/or the Services by you (“User Content”). As between you and other Registered Users, however, the content posted by other Registered Users is considered to be “Third-Party Content.” All of the foregoing are collectively referred to as “Site Content.”

 

14b. Geographic Limitations. Due to certain licensing restrictions placed on our titles, some content may not be available in your geographic location, and therefore, cannot be viewed. If at any time you feel this inhibits your experience upon purchasing a BB subscription, please contact our customer service department and we will work with you in order to remedy the situation. You can reach customer service by email at [email protected]

 

  1. Ownership of Content.BB does not claim ownership rights in any User Content that you post on the Sites or otherwise make available through the Services. Subject to the non-exclusive license contained in Section 16 below (“License to Your Content”), as between BB and you, you will retain all intellectual property rights that you may have in any User Content that originates with you.

 

  1. License to Your Content.In order to be able to offer you the use of our Sites and the Services pursuant to this Agreement, you are required to grant a license to BB to use and distribute your User Content. This enables us to permit other Visitors and Registered Users to view and share your User Content, and to display your User Content in other places within the Sites. Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “posting”) any User Content on or through our Sites or the Services, you hereby grant to BB a non-exclusive (meaning you can license the User Content to other parties as well), fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such User Content on and through the Sites and/or the Services, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. Notwithstanding the foregoing, we will not use your User Content to create commercial products such as books. For purposes of this section, “commercial products” does not include use on the Sites and the Services and/or the advertising, publicity, promotional and marketing materials for the Sites and the Services in any and all formats and media now known or hereafter invented. If you wish to remove any User Content from the Sites and/or the Services, the decision will be made by BB alone in its sole and absolute discretion, and our decision may depend on the type of User Content, the location and manner of posting, and other factors. You may contact us at [email protected] to request the removal of certain User Content you have posted, but BB (i)has no obligation to remove any such User Content, (ii)may choose whether or not to do so in its sole discretion, and (iii)makes no guarantee as to the complete deletion of any such User Content and copies thereof. In any case, a back-up or residual copy of any User Content posted by you may remain on BB’s servers after the User Content appears to have been removed from the Sites and/or the Services, and BB retains all rights granted in this section to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all User Content posted by you on or through our Sites or the Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Sites and/or the Services does not require the knowledge or consent of any third party and does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

 

  1. Prohibited Conduct.The Sites and the Services may include features that permit you to post User Content, which includes and applies to (but is not limited to) content of your own, comments on the User Content posted by other Registered Users, and communications with other Registered Users. Such User Content includes but is not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials. You acknowledge and agree that you shall not use the Sites and/or the Service to post or other transmit User Content that:

 

  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter;
  • solicits personal information from anyone under the age of eighteen (18);
  • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
  • involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
  • contains a virus or other harmful component.

 

  1. Responsibility for User Content.You, and not BB, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Sites and/or the Services. BB does not control the User Content posted via the Sites and/or the Services and, as such, we cannot and do not guarantee the accuracy, integrity or quality of such User Content. You acknowledge and agree that, by using the Sites and the Services, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will BB be liable in any way for any User Content, including, but not limited to, any errors or omissions in any user Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Sites and/or the Services.

 

  1. Rejection and/or Removal of User Content.You acknowledge and agree that BB may or may not pre-screen User Content posted on our Sites, but that BB shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, and/or remove any User Content or portion thereof that is available via the Sites and/or the Services, in its sole and absolute discretion, for any reason, including but not limited to its determination that any such User Content is not appropriate for the Sites and/or the Services, or for no reason. Without limiting the foregoing, and by way of example only, BB shall have the absolute right to remove from the Sites and/or the Services any User Content that violates this Agreement or is otherwise objectionable in the sole discretion of BB, or to restrict, suspend, or terminate your access to all or any part of the Sites and/or the Services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Sites and/or the Services by any person, please contact BB by email at [email protected]

 

  1. Limited License.BB hereby grants to Registered Users a limited, personal, revocable, non-sublicensable license to display a single copy of the BB Content and the Third-Party Content located on or available through our Sites or Service (excluding any software code therein) solely for your single, personal, non-transferable and non-commercial use in connection with viewing our Sites and using the Services during the term of your registration. All such use is subject to the terms and conditions set forth in this Agreement and may be terminated by BB as set forth in this Agreement. Except for User Content posted by you, you may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Site Content for any purpose whatsoever.

 

  1. Examples of Limitations on Use.Any non-commercial reuse of any portion of the Site Content by a Registered User that falls within what is allowed as “Fair Use” under the United States copyright and trademark law is permitted. In addition to the limitations set forth in Section 20 above (“Limited License”), and by way of example only, no commercial storage, use, reproduction or transmission of any Site Content is permitted under any circumstances. The Sites and the Services may not be used in connection for any commercial purposes except as specifically approved in writing and in advance by an authorized representative of BB. Unauthorized framing of or linking to any of our Sites is prohibited. Commercial advertisements and other commercial content, affiliate links, and other forms of solicitation may be removed by BB from the Sites and the Services without notice and may result in termination of registration and subscription and denial of access to and use of the Sites and the Services.

 

  1. Health and Medical Concerns.Some of the Service and the Sites include information and instruction relating to exercise and fitness, and some of the products and services available through the Sites and the Services relate to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.

Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through the Website and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider. BB, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.

 

As noted above, the Sites and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.

 

You should never disregard medical advice or delay seeking it because of a statement you have read on the Sites and/or the Services. The Sites and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that the Sites and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Sites and/or the Services. You must always consult your doctor before beginning an exercise or dietary program. Keep the following checklist in mind when developing your program in conjunction with your health care provider, but also bear in mind that the checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.

 

  • After exercise do you frequently experience chest pains?
  • Do you get dizzy when you exercise?
  • Are you breathless after exercising?
  • Do you take medication for high blood pressure?
  • Do you have joint problems?
  • Do you have a medical condition, which might need special attention when exercising, for example diabetes?
  • Have you been physically active in the past?
  • Do you have a heart condition that requires supervised physical activity?

 

If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.

 

  1. Reservation of Rights.BB Content and Third-Party Content are protected by copyright, trademark, patent, trade secret and other laws. BB and its third-party licensors owns and retains their respective rights, title and interest in and to their respective content subject only to the limited licensed granted to Registered Users as set forth above.

 

You acknowledge that the BB Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All BB-generated content and content developed for BB by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, BB owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the BB Site. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with this Agreement. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited. 

 

The Brook Body name, logos and affiliated applications and technologies are the exclusive property of BB. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. 

 

BB owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of BB or, if such property is not owned by BB, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. 

 

  1. Other Sites.The Sites may contain third-party advertising and/or links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). However, the inclusion of a link in any of our Sites does not imply BB’s investigation, evaluation and/or endorsement of such third party website. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses, entities or individuals, or the accuracy of the content of their advertising or websites. BB does not assume any responsibility or liability for the actions, products, services, and/or content of any such websites. Before you purchase goods or services from a third party and/or use any third-party website, you should review the applicable terms of use and privacy policies for such websites. If you decide to access any such linked websites, you do so at your own risk.

 

  1. International Use.Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Sites and the Services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.

 

  1. Take-Down Notices Under the DMCA.BB will receive and evaluate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted according to the procedures set forth in the DMCA to the following Designated Agent for BB:

 

Full Address of Designated Agent to Which Notification to BB Should Be Sent:

 

BB Body, Inc.

 

Email of Designated Agent: [email protected]

 

  1. Registered User Disputes.You are solely responsible for your interactions with other Registered Users. BB reserves the right, but has no obligation, to monitor disputes between you and other Registered Users.

  2. Term and Termination. This Agreement begins on the date you first use the BB Service and continues as long as you have an account with us. This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Sites or until terminated by BB or by you. You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at [email protected], but any such termination and cancellation will be effective only after BB has processed the request. If you cancel your account prior to the expiration of your pre-paid subscription period, you will forfeit the Fees paid for any unused portion of your subscription, which are non-refundable. However, you will be able to continue viewing premium content until the expiration of your current pre-paid subscription period. You also acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with BB.

 

BB reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Sites and Services at any time, with or without notice to you, with or without cause, and without liability to you. BB shall have no liability to you or any third party because of such suspension or termination or related action for any reason except as follows: (a) If BB elects do so with cause, then no refund of any unused portion of a pre-paid subscription is owing, and (b) if BB elects to do so without cause, then BB will refund any unused portion of a pre-paid subscription.

The following sections shall survive any termination of this Agreement, your account, and/or your use of the Service:  2,3,4,11,13,15,16,17, 22,23,29, 30,31,32,33, 34, 35, 36,37,38,39,40 and 41.

 

Upon suspension or termination, BB shall have no obligation to save any User Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.

 

  1. Disclaimer of Warranties.You acknowledge and agree that the Sites and the Services are offered without warranties of any kind whatsoever by BB and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following.

 

(a) Your use of the Sites and the Services is at your sole risk. The Sites and the Services are provided on an “as is” and “as available” basis. BB and its parent, subsidiaries, affiliates, successors and assigns, and their respective shareholders, officers, directors, employees, agents, partners, licensors, vendors and contractors (collectively, the “BB-Related Parties”) 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, with respect to the service, the websites, and any third party websites with which they are linked.

 

(b) The BB-Related Parties are not responsible or liable for any loss, damage, injury or health problems that may result from your use of the Site Content and/or other aspects of the Sites and/or the Services, including but not limited to training programs, recipes, products, services, events and/or information that you may learn about on the Sites and/or the Services, and/or any action or inaction on your part as a result of information you have obtained from the Sites and/or the Services. By way of example only, if you engage in any exercise or diet program that you receive or learn about through the Sites and/or the Services, and/or if you use any product or service that you receive or learn about through the Sites and/or the Services, you agree that you do so voluntarily, after consulting an appropriate health professional of your choice, and at your own risk, and you agree to release and discharge the BB-Related Parties BB from any and all claims or causes of action, known or unknown, arising out of the foregoing.

(c) The BB-Related Parties make no warranty that the Sites or the Services, the Site Content, and/or the information, products and services available through the Sites or the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Sites or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components.

 

(d) You expressly assume the risk, by way of example, of deletion, non-delivery or failure to store postings of User Content, communications, personalized settings, or data, and you acknowledge that the BB-Related Parties make no warranties regarding the foregoing.

 

(e) Any material downloaded or otherwise obtained through the use of our Sites or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.

 

  1. Waiver of Claims.You hereby waive, release and discharge the BB-Related Parties from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the communications and social networking features of the Services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.

 

  1. Limitation of Liability.To the fullest extent permitted by applicable laws, the BB-Related Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Sites and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Sites and/or the Services, even if any of the BB-Related Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the BB-Related Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to BB for the Services.

 

AS NOTED HEREIN NEITHER BB, NOR  ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS ASSUME ANY LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT, INCLUDING NEGLIGENCE, SHALL BB ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY:

 

  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, THE SITE MATERIALS, THE SERVICES OR ANY USER CONTENT;
  • UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  • INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
  • BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY; AND/OR
  • ERRORS OR OMISSIONS IN ANY CONTENT MADE AVAILABLE BY BB OR OUR USERS, OR FOR 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 SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL BB’S AGGREGATE LIABILITY EXCEED $100.00. THIS ALLOCATION OF RISK UNDER THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS SHALL BE SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS SET FORTH IN THESE TERMS. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

EXCEPT FOR LIABILITY ARISING OUT OF BB’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS OR ANY APPLICABLE SUBSCRIPTION AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU to BB DURING THE SIX (6) MONTHS PRECEDING THE CLAIM (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION).EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN YOU AND BB. THIS ALLOCATION IS REFLECTED IN PRICING OFFERED BY BB TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BB. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

Except for actions for nonpayment or breach of proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either you or BB more than one (1) year after the cause of action has accrued.

 

  1. Severability.Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by BB. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provision.

 

  1. Indemnity.You agree to indemnify, defend, and hold harmless the BB-Related Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. BB will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

  1. Additional Terms.We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Sites, to obtain certain premium Site Content through our Sites, and/or for other reasons. In addition, certain Additional Terms will govern your subscription to the Services and any purchases you make through the online store. These Additional Terms will be posted on the relevant portions of our Sites or on the portions of our Sites that describe the specific promotions, Content, or activities. These Additional Terms are incorporated by reference in this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.

 

  1. Modification and Discontinuation.We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Sites and/or the Services, or any portion thereof, 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 the Sites and/or the Services.

 

  1. Entire Agreement.This Agreement, together with any other terms and conditions referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and BB and governs your use of the Sites and Service, superseding any prior agreements between you and BB with respect to the Sites and/or the Services.

 

  1. Choice of Law and Forum.This Agreement and the relationship between you and BB shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and BB agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fulton, Georgia.

 

  1. No Waiver.The failure of BB to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.

 

  1. Statute of Limitations.You acknowledge and 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 Sites, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

  1. Relationship of the Parties.You and BB acknowledge and agree that they are independently contracting parties dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency or other relationship is created between them.

 

  1. Binding on Successors.This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For avoidance of doubt, you acknowledge and agree that BB is fully authorized to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.

 

  1. Contact; Notices and Questions.If you have any questions regarding this Agreement, please contact us by email at [email protected], or by mail at BB Body, Inc. , c/o Gelfand, Rennert & Feldman, LLC, 1880 Century Park East, #1600, Los Angeles, CA 90067. Except as otherwise specified elsewhere in this Agreement, notices to BB may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from BB.

 

  1. Apple App Store. By accessing the Service through a device made by Apple, Inc. (“Apple”), you specifically acknowledge and agree that: 

 

  • This EULA is between BB and you; Apple is not a party to this EULA. 
  • The license granted to you hereunder is limited to a personal, limited, non-exclusive, non- 

transferable right to install the mobile applications on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Service. 

  • Apple is not responsible for the mobile applications or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the mobile applications. 
  • In the event of any failure of the any mobile application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to any Application. 
  • Apple is not responsible for addressing any claims by you or a third party relating to any Application or your possession or use of an Application, including without limitation (a) product liability claims; (b) any claim that an Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that an Application or your possession and use of an Application infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim. 
  • You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of this EULA and upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary hereof. 
  • BB expressly authorizes use of the mobile apps by multiple users through the family sharing or any similar functionality provided by Apple. 

  1. Your Use and Obligations. Use of the Site is subject to these Terms and is only permitted within normal access or use of the Site and in conformance with any Subscription Agreement you may have with us. Your access to or use of the Site grants you no right or license to reproduce, or otherwise use any BB or third-party trademarks except as expressly set forth herein. All goodwill generated from use of BB’s marks will inure to our exclusive benefit. Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to BB.

 

You may access and use the Site only in compliance with these Terms, your Subscription Agreement, and all applicable local, state, national, and international law, rules, and regulations.

Absent breach by you of any of these Terms, and unless otherwise expressly permitted by BB, you are granted a limited, personal, non-transferable, non-sublicensable, revocable license to access our Site and, in connection with your Subscription Agreement, use the Site, and, as permitted, to electronically view, copy (except where prohibited without a license), and print to hard copy portions of the Site Materials.

 

However, in no case whatsoever shall you:

  • use any data mining, scraper, spider robots, or similar data-gathering or extraction methods to access, monitor, or copy any Site Materials or other content or information used by the Site;
  • use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
  • modify copies of any materials obtained from the Site;
  • use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text or without express authorization from BB;
  • harvest or otherwise collect information about others, including email addresses;
  • violate the restrictions in any robot-exclusion headers on the Site or bypass or circumvent other measures used to prevent or limit access to the Site;
  • reverse engineer or alter the Site or the Site Materials or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • deep-link to any portion of the Site for any purpose, unless expressly authorized in writing by BB;
  • “frame,” “mirror,” or otherwise incorporate any part of the Site into any other website, unless expressly authorized in writing by BB;
  • transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material; any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms;
  • link to the Site from any website that is unlawful, abusive, indecent, or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in BB’s sole discretion;
  • attack the Site or any portion thereof via a denial-of-service attack or a distributed denial-of-service attack;
  • attempt to bypass methods BB may use to prevent or restrict access to the Site;
  • disguise the origin of the information transmitted through the Site or to BB;
  • submit false or misleading information to BB;
  • delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure or adversely affects the performance or function of the Site or any other computer systems or networks used by BB;
  • use the Site or the Site Materials other than for their intended purpose and as expressly permitted by these Terms;
  • violate any applicable laws or regulations; or
  • otherwise attempt to interfere with the proper working of the Site.

Further, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through our Site any of the following material or information:

  • any message, data, information, text, music, sound, photos, video, graphics, code, or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
  • material that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, federal, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
  • material that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • material that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • unsolicited promotions or political campaigning; or
  • private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, or credit card numbers.

 

Any use of the Site or Site Materials not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you wish to make any use of material on the Site other than as set out in this section, please address your request to: [email protected]

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Site Materials, except as follows:

 

  • your computer may temporarily store copies of the Site / Site Materials in Random Access Memory (RAM) incidental to your accessing and viewing those materials;
  • you may store files that are automatically cached by your web browser for display enhancement purposes;
  • you may print or download one copy of a reasonable number of pages of the Site and where we provide you access and downloadable documents on the Site, for your own personal or business use and not for further reproduction, publication, or distribution; or
  • if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal or business use, provided you agree to be bound by any applicable end-user license agreement for such applications.

 

Access to certain areas of our Site may be restricted. Any access to or use of the Site or the Site Materials other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted in these Terms and any Subscription Agreement you have with us. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. We reserve the right to restrict access to areas of our Site, or indeed our whole Site, at our discretion. We reserve the right to revoke your authorization to access or use the Site if we believe in good faith that you have violated these Terms or any laws whatsoever. Unless explicitly stated herein, nothing in these Terms or any Subscription Agreement you have with us will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The license granted by these Terms is revocable at any time. You acknowledge and agree BB may conduct an audit of all your records that pertain to the Site within the scope of the license granted herein electronically remotely at any time with respect to information or records available to us based on your interaction with us, or in person, provided that we give you reasonable notice of said audit and conduct said audit during standard business hours between 8:00 a.m. to 5:00 p.m. or as otherwise agreed by you and us.

 

  1. Commenting and Feedback BB may allow posting of comments on its Site, such as in its “comment” section or discussion forums. Any user failing to comply with the Terms may be expelled from and refused continued access to, the ability to post comments or material in the future. BB or its designated agents may remove or alter any user-created material at any time for any reason. Information and material posted within these public forums may be provided by BB, our outside contributors, and/or by users not connected with us, some of whom may employ anonymous usernames. BB 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 subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, or representatives be liable for any loss or damage caused by your reliance on information obtained through these posted comments. The opinions expressed by anyone other than BB itself are solely the opinions of those parties, and do not reflect the opinions of BB or any of its subsidiaries or affiliates. You also acknowledge and agree that any feedback, including, but not limited to, suggestions, comments, ideas, or other information, provided by you in the form of email or other submissions (collectively, “Feedback”) to us is non-confidential and you hereby grant BB, its affiliates, subsidiaries, successors, and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable right to use such Feedback for any purpose without any compensation or attribution to you.

 

Privacy Policy

 

Including Children’s Online Privacy Protection Policy and “Your Privacy Rights” for California Residents Effective and last revised on June 14, 2022

 

The following Privacy Policy (“Privacy Policy”) governs your use of the Sites and the Services, which are owned by BB Body, Inc.  (“BB”). 

 

We have created this Privacy Policy to ensure that you understand our policies and procedures relating to privacy, what personal information you must provide if you wish to use certain portions of the Sites and the Services, ultimately, just how we use such personal information.

 

This Privacy Policy is a part of and is incorporated into the Terms of Use set forth above. All defined terms in this Privacy Policy shall have the meaning assigned to them in the Terms of Use. By accessing or using any of the Sites and the Services, you acknowledge and agree that you have read and agree to be bound by this Privacy Policy.

 

  1. Sites and Site OperatorThe sites to which the following Privacy Policy applies are: https://www.brookeburke.com and the mobile app known as  Brook Burke Body (collectively, “the Sites”). The operator of the Sites and services is BB Body, Inc. ; email [email protected]

 

  1. Effective Date.This Privacy Policy is effective as of, and was lasted revised on June 14, 2022. BB reserves the right to add to, delete from and/or otherwise change this Privacy Policy at any time in its sole and absolute discretion. To the maximum extent permitted by law, you are responsible for monitoring the Sites to determine if any changes have been made to the Privacy Policy in the future. Access to and/or use of the Sites and/or the Services by you after the date of any such change shall be deemed to confirm your agreement to be bound by the Privacy Policy then in effect. By agreeing to the Terms of Use applicable to the Sites at which this Privacy Policy is posted, you are also agreeing to be bound by this Privacy Policy. Unless otherwise indicated, defined terms in this Privacy Policy shall have the same meaning assigned to them in the Terms of Use.

 

  1. Information Collected By the Sites.We collect two types of information from users of the Sites: personal information described below; and non-personal information such as information about traffic patterns on the Sites.

 

  1. Personal Information.To access certain portions of the Sites, including the portions where the Services are offered, we require you to register and select a user name and password. Some personal data is collected during the registration process. We may then ask for additional information, including personally identifiable and non-personally identifiable information. When you make a purchase on one of the Sites, when you subscribe to the Services, and/or when you enter a contest or other promotion, we may ask you for certain personal information such as your name, address, e-mail address, or credit card number, in order to process your order, manage your subscription, administer the contest, or send you promotional e-mails. Providing personal information in these instances is solely your choice; you do not need to provide such information, make purchases, or enter such contests to browse our Sites as a Visitor.

 

 We may collect and use the following personal information that identifies, relates to, describes, is reasonable capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:

 

Categories of Personal Information
Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers)
Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Characteristics of protected classifications under California or federal law.
Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)
Biometric information
Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement)
Geolocation data
Audio, electronic, visual, thermal, olfactory, or similar information
Professional or employment-related information
Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA)
Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
  • This personal information is required to provide [products AND/OR services] to you. If you do not provide personal information we ask for, it may delay or prevent us from providing [products AND/OR services] to you.

 

  1. How We Use Your Personal Information.We use the information collected on the Sites for a variety of purposes, including, but not limited to, running the Sites and the Services and contacting users. The Sites and the Services may also make available to other Registered Users information provided by you during registration, such as your screen name. We may use your information to communicate back to you, to update you on products, services and benefits, to personalize the Sites for you, to contact you for market research or to provide you with marketing information, newsletters, or other information we think would be of particular interest. In addition, if you make a purchase on any of the Sites, we may send you order and shipping confirmation emails. We will always give you the opportunity to opt out of receiving such materials. You can remove your e-mail address from our e-mail list at any time by following the procedures set forth in the Section 9 below (“Opt Out Procedures”) or by clicking on the “unsubscribe” link in every e-mail from BB. In addition, you can modify your information or change your preferences, as set forth in Section 10 below (“Reviewing or Changing Your Information”). Information obtained through the Sites and/or the Services may be intermingled with and used in conjunction with information obtained through sources other than our Sites, including both offline and online sources.

 

What we use your personal information for Our reasons
To provide [products AND/OR services] to you For the performance of our contract with you or to take steps at your request before entering into a contract
To prevent and detect fraud against you or [organization’s name] For our legitimate interests or those of a third party, i.e. to minimize fraud that could be damaging for us and for you
[Conducting checks to identify our customers and verify their identity

Screening for financial and other sanctions or embargoes

Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. under health and safety regulation or rules issued by our professional regulator]
[To comply with our legal and regulatory obligations]
[Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies] [To comply with our legal and regulatory obligations]
Ensuring business policies are adhered to, e.g. policies covering security and internet use For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you
Operational reasons, such as improving efficiency, training and quality control For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price
Ensuring the confidentiality of commercially sensitive information For our legitimate interests or those of a third party, i.e. to protect trade secrets and other commercially valuable information

To comply with our legal and regulatory obligations
Statistical analysis to help us manage our business, e.g. in relation to [our financial performance, customer base, product range or other efficiency measures] For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price
Preventing unauthorized access and modifications to systems For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you

To comply with our legal and regulatory obligations
Updating [and enhancing] customer records For the performance of our contract with you or to take steps at your request before entering into a contract

To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about existing orders and new products
Statutory returns To comply with our legal and regulatory obligations
Ensuring safe working practices, staff administration and assessments To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
Marketing our services [and those of selected third parties] to:

—existing and former customers;

—third parties who have previously expressed an interest in our services;

—third parties with whom we have had no previous dealings.
For our legitimate interests or those of a third party, i.e. to promote our business to existing and former customers
[Credit reference checks via external credit reference agencies] [For our legitimate interests or those of a third party, i.e. to ensure our customers are likely to be able to pay for our products and services]
External audits and quality checks, e.g. for ISO or Investors in People accreditation and the audit of our accounts For our legitimate interests or a those of a third party, i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards

To comply with our legal and regulatory obligations

The above table does not apply to special category personal information, which we will only process with your explicit consent.

 

  1. Discussions and Community Tools.The Sites and the Services may make chat rooms, forums, bulletin boards, news groups and other community tools available to Registered Users and/or Visitors. Please remember that any information that is disclosed in these areas becomes public information for other users to view and for BB to use. Please do not disclose any personally identifiable information, including without limitation your full name or e-mail address, in these publicly accessible areas of the Sites or the Services. Please be considerate and respectful of others while using any chat rooms, forums or message boards to share your opinion.

 

  1. Non-Personal Data.In some cases, we may collect non-personal information. Examples of this type of information include the type of Internet browser you are using, the type of computer operating system application software, and peripherals you are using and the domain name of the web site from which you linked to our Site. We use your information on an aggregated basis to do such things as operate our Sites, enhance our Sites and sell and deliver advertising.

 

  1. Cookies.Certain features on the Sites and/or the Services utilize cookie technology. A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain various types of information, including a user ID that the site uses to track the pages you’ve visited. We may use cookies to enhance your experience on our Sites, to determine user traffic patterns and for other purposes. Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent or you can flush your browser of cookies from time to time. (Note: you may need to consult the help area of your browser application for instructions.) If you choose to disable your cookies setting or refuse to accept a cookie, however, you may not be able to access all areas of the Sites and/or the Services.

 

We also may use cookies to improve the performance of our advertising on other websites. Although you may not opt out of receiving online advertisements generally, you may control the collection of data on our site used for targeted Brookeburke.com advertising during your visits to other websites.

 

BB utilizes Google Analytics for aggregated, anonymized website traffic analysis. In order to track your BB session usage, BB places a Google Analytics cookie with a randomly-generated ClientID in your browser. This ID is anonymized and contains no identifiable information such as email, phone number, name, etc. BB uses Google Analytics to track aggregated website behavior, such as what pages you looked at, for how long, etc. This information is important for improving the BB user experience and determining BB’s site effectiveness. If you wish to remove Google Analytics from your site experience, you can install the Google Analytics Opt-Out Browser Add-On.

 

  1. Opt Out Procedures.You have the option to opt out of receiving information from BB, the Sites and the Services. This opt out messaging will appear at the bottom of every promotional email that is sent out. If you no longer wish to take advantage of the Sites or the Services or receive any form of direct contact from BB, whether it is email, discounts, newsletters, or other promotional offers or materials, contact us at: [email protected]

 

  1. Reviewing or Changing Your Information.In order to ensure that the information we maintain is accurate, we give users the option to change or modify their information previously provided during registration. If you would like to change your information currently in our database please log in and click the “My Account” link on the various Sites or email us at [email protected]

 

  1. Sharing of Your Information.BB may share your personal information: (i) with BB’s parent, affiliates, subsidiaries, or successors (collectively the “BB Parties” or individually an “BB Party”), or with third parties who are under obligations of confidentiality with any of the BB Parties, (ii) if a BB Party is required by law to do so, (iii) in the event of a transfer of ownership of a BB Party, merger or other similar transaction, or (iv) as otherwise set forth in this Privacy Policy. The following describes some of the ways that your personal information may be disclosed to third parties: We may employ third parties to perform services or functions on our behalf in order to improve our Sites, merchandising, marketing and promotional efforts, communications or other services. Those third parties may include authorized contractors, consultants and other companies working with us. They only have access to personal information needed to perform their functions, and they may not share any personal information with others or use it for any other purpose than providing or improving BB’s services and offerings. We may share your information with third parties whom we believe have information of interest to you. In addition, we may share certain non-personal information with third parties for advertising, promotional and other purposes. For example, we may work with third party advertising companies, to serve and track our ads. These third parties may install other cookies. Our advertising partners may use the non-personal information they collect from our Sites, in the aggregate, to help us better market and serve our customers. This Privacy Policy applies only to the Sites and the Services and does not address the practices of third parties or others who may collect your personal information. You may visit other websites, through links on the Sites or Service, which may collect, use and share your personal information in accordance with their own privacy policies. The information practices of those linked websites are not covered by this Privacy Policy, and we encourage you to be very cautious before you disclose your personal information to others. In order to provide you with the information, products or services which you have requested, we may share or transfer your personal information with our parent, affiliates or subsidiaries, or third party agents acting on their behalf. The BB Parties may be obligated to cooperate with various law enforcement inquiries. Each BB Party reserves the right to disclose or transfer personal information and non-personal information about you and your activities on our Sites in order to comply with a legal requirement or request from law enforcement or other government officials, administrative agencies or third parties as we, in our sole discretion, determine necessary or appropriate for the administration of justice, or in connection with an investigation of fraud, intellectual property infringements or violations of any other law, rule or regulation, our Terms of Use or other rules or policies of our Sites, the rights of third parties, or an investigation of any other activity that may expose us or you to legal liability, or to investigate any suspected conduct which BB in its sole discretion deems improper.

 

  1. Security. We have installed encryption software conforming to the Secure Socket Layers (SSL) protocol to safeguard all of the commerce related (i.e. credit card and billing address) information you send to us. All information is stored on our servers in a secure location. It is important for you to protect against unauthorized access to your password and to your computer. If your password is compromised, notify Customer Service at once at [email protected]

 

  1. Children’s Online Privacy Protection Policy.The Sites and the Services are not intended for or directed to users under the age of 18, and we do not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors. Where appropriate, we take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to the Sites or the Services or in response to advertisements. If you are concerned that personal information may have been inadvertently provided to or collected by BB, please contact us immediately at [email protected] so that we may appropriate steps to remove such information from our database.

 

  1. Privacy Precaution Warning.Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.

 

  1. Your Consent.By using the Sites and/or the Services, and by providing your personal information to us, you also authorize the storage, use and export of your personal information as specified herein.

 

  1. Applicable Law.The headquarters of BB is located in the State of California, U.S.A. This Privacy Policy and our legal obligations are subject to the laws of California and the U.S.A., regardless of the location of any user. Any claims or complaints must be filed a court of competent jurisdiction in the State of  California, U.S.A.

 

Your Privacy Rights (California Residents)

Online Privacy Protection Policy for California Residents

(“Shine the Light” Law)

 

Effective as of January 1, 2005, California’s “Shine the Light” law (Cal. Civ. Code Sections 1798.80, et seq.) provides California residents with the right to receive certain disclosures when personal information that has been collected online is shared with third parties for direct-marketing purposes.

 

If you are a California resident and you provided personal information to BB through a website in the past, and/or if you do so in the future, you are entitled to submit a request in writing to BB for a description of the information we may have provided to third parties. To submit your written request, please send it to [email protected] and put the following words in the subject line of the email: “California Privacy Request.”

 

Within 30 days after receipt of your request, we will send you a list of the categories of personal information disclosed to third parties during the immediately preceding calendar year, along with the names and addresses of the third parties who actually received such information, if any.

 

We reserve our right not to respond to requests sent more than once in a calendar year.

Please note that the California “Shine the Light” law does not cover all aspects of on-line information sharing, and our policy relates only to information covered by the law.

 

Anti Spam Policy

 

BB is 100% against spam and unsolicited emails and maintain CANSPAM compliance. We do not sell or provide email addresses to any unauthorized third party and do not authorize any third party or affiliate to misuse products or services created by or associated with BB in spam or bulk emails. If you feel you have received any unwanted emails from us, please contact us immediately and we will look into the matter.

BB prohibits the use of their website and/or services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail (Spam). You may not use any BB services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any customers of BB.

 

In compliance with the CAN-SPAM Act of 2003 (15 U.S.C. 7701, et seq., Public Law No. 108-187, was S.877 of the 108th United States Congress), e-mail sent, or caused to be sent, to or through the BB website or service or on behalf of BB may not:

 

  • use or contain false, misleading, invalid or forged headers
  • use deceptive or misleading subject lines
  • use or contain invalid or non-existent domain names;
  • employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
  • use other means of deceptive addressing;
  • use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party;
  • contain false or misleading information in the subject line or otherwise contain false or misleading content;
  • fail to comply with additional technical standards described below;
  • otherwise violate our Terms of Use.

 

BB does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the website or its services. BB does not permit or authorize others to use the BB services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses. BB does not permit or authorize any attempt to use its services in a manner that could damage, disable, overburden or impair any aspect of any of the services, or that could interfere with any other party is use and enjoyment of any BB service.

 

If BB believes that unauthorized or improper use is being made of any service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. BB may immediately terminate any account on any service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

 

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the BB website and/or services. Failure to enforce this policy in every instance does not amount to a waiver of BB’s rights.

 

Unauthorized use of any BB services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.

 

Violators of the CAN SPAM Act may be subject to cease and desist orders or penalties from the FTC (Federal Trade Commission) of up to $11,000 per violation. Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds and equipment. The worst offenders can also be subject to prison time.

 

Do not Track

 

Section 22575 of the California Business & Professions Code requires website and online service operators to disclose whether they honor web browser “Do Not Track” settings. Our capabilities at this time prohibit us from honoring the “Do Not Track” web browser settings. Other third parties may or may not honor Do Not Track signals. These parties may collect personal information about your online activities over time and across different web sites when you visit the Site, for example by using cookies on our Site or Service. We at BB have no access to or control over other parties’ personal information collection practices, even those with which we may have an affiliation. You should carefully review the privacy policy and terms of any website you visit. For more information about Do Not Track, please also visit www.allaboutdnt.org.