The BodyFirm
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Privacy Policy
This Privacy Policy was last updated effective as of December 23rd, 2024.
You linked to this Privacy Policy ("Privacy Policy") via a product website owned by The Body Firm, LLC ("Company", "us", "our" or "we"). The Company’s network includes numerous product marketing websites (each a "Website" and collectively, the "Websites"). The Privacy Policy applies to all Websites owned and operated by the Company that post a link to this Privacy Policy. By using any of the Websites, you signify that you have read, understand, and agree to be bound by this Privacy Policy.
This Privacy Policy applies to all online communication with Websites owned by the Company but does not apply to our data collection activities offline unless we otherwise indicate at the time of collection or in Section 12 of this Privacy Policy. It is important for you to understand what information we collect about you during your visit to our Websites and what we do with that information. Please note that your visit to any of our Websites is subject to this Privacy Policy and our Terms of Use and Conditions for Sale. By using our Websites, you consent and agree to our Privacy Policy and Terms of Use and Conditions for Sale and our collection, use and sharing of your information and data, and other activities, as described below. If you do not agree to the terms of this Privacy Policy, please do not provide us with any personal information and do not use our Websites.
Linkable Table of Contents
- Information Collection
- Use/Disclosure of Personal Information
- How to Exercise Your U.S. State Privacy Rights
- Information Security
- Access and Choice
- Technology Utilized / Tracking Technologies
- Do Not Track Signals
- Ads and Information About You
- External Links
- Social Media Widgets
- Blogs/Forums
- International Users
- California Privacy Notice
- Privacy Notice for Residents of Other States
- SMS/text program
- Notification of Changes
- Contact Information
1. Information Collection
We collect personal information about you via our Websites when you provide it through various forms and places on the Websites such as in connection with a request or purchase of a product, service, or information or if you register for a Website account. You may browse our Websites without providing any personal information; however, if, for example, you decide to place an order, we will ask you for your name, age, delivery and billing address, phone number(s), email address, and payment information such as credit/debit card number, expiration dates, PayPal or third-party payment information. If you choose to complete a user registration form or survey, we may ask you for personal information, such as your contact information (e.g., name, e-mail address and mailing address). Occasionally, we may also ask you for other demographic information, such as gender, income level, and information about your prior experiences with the Company's products. If we combine demographic information with the personal information, we collect directly from you on our Websites, we will treat the combined data as personal information under this Privacy Policy. When you submit your personal information or demographic information on one of the Websites, you are giving your consent to the collection, use, and disclosure of your information as set forth in this Privacy Policy.
We may receive information about you from your friends and others that use the Websites, such as when they submit your information to us about you. Additionally, we may, from time to time, supplement the information we collect directly from you on our Websites with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you. For example, if you choose to have your purchase delivered to another person’s address, we may ask for the other person’s name and delivery address. We will use this information to deliver your purchase to the address you choose to have it delivered. You may delete the other person’s information from your account or the other person may contact us at privacy@thebodyfirm.com to request that we remove their information from our database. Note: Although you can remove the information from your account for future orders, the other person’s information may be retained with the original transaction for auditing and legal purposes. In no other circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties.
We may also use the tracking technologies described in Section 6 below in order to automatically (or passively) collect, store or accumulate certain non-personally identifiable information concerning your use of this Website, such as information regarding which of our pages are most popular and remembering you and your preferences, your IP address, UDID or other unique identifier, device functionality (including browser, operator system, hardware, mobile network information), device location, device characteristics, city, time zone, and referring URL. Information gathered may be used in aggregate form for internal business purposes, such as generating statistics, developing marketing plans, customizing content, and improving the Website. This usage information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device whenever you visit or interact with our Site. We may share or transfer such aggregate, non-personally identifiable information with or to our affiliates, licensees, partners and other third parties.
We may combine automatically collected Website usage information with your Personal Information. In those cases, we will apply this Privacy Policy to the combined information.
All of our Websites are intended for a general audience. We do not knowingly collect personal information from children under the age of 18. We will delete any personal information collected that we later determine to be from a user younger than the age of 18. If you are a parent or guardian of a child under the age of 18 and believe he or she has disclosed personal information to us, please contact Customer Service using the contact information below.
2. Use/Disclosure of Personal Information
“Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an identifiable individual. Personal information includes “personal data” as that term is defined in applicable privacy laws, as may be further described in Sections 13 and 14 of this Privacy Policy. Personal information does not include publicly available information; lawfully obtained, truthful information that is a matter of public concern; information that has been de-identified, or aggregate consumer information.
| Categories of Personal Data Collected | Examples | Processing Purposes Linked to Categories | Categories of Third- Party Recipients (Excluding Services Providers) |
|---|---|---|---|
| Identifiers |
|
|
Third-party advertising marketing companies |
| Financial Information |
|
Same purposes as noted for “Identifiers”. | N/A |
| Commercial information |
|
Same purposes as noted for "Identifiers" as well as:
|
Third-party advertising marketing companies |
| Internet or other electronic network activity information |
|
Same purposes as noted for “Identifiers” and “Commercial information”. | Third-party advertising marketing companies |
| Audio, electronic, visual, or similar information |
|
Same purposes as noted for “Identifiers” and “Commercial information”. | Third-party advertising marketing companies |
| Geolocation Data |
|
|
N/A |
| Characteristics or protected classifications |
|
|
N/A |
| Education information |
|
N/A | |
| Professional or employment-related information |
|
|
N/A |
| Inferences about you using any of the above |
|
For any of the purposes listed above. |
The Company and its affiliates and subsidiaries may use your Personal Information for the purposes listed above.
If for any reason you would no longer like to receive email marketing messages from the Company, you may follow the instructions contained within our promotional emails or please click here. Please allow up to ten (10) days for us to process your request. This will not affect subsequent subscriptions and if your opt-out is limited to certain types or categories of emails the opt-out will be so limited. Please note, if you opt not to receive marketing emails from the Company, you may still receive "transactional" email messages regarding your account, use of the Websites or your order (e.g., order confirmation, shipping information, recall notices, customer service notifications, etc.). If you have questions or concerns regarding this statement, please contact Customer Service.
The Company may share non-personal information, such as aggregated user statistics, with third parties. The Company may also share and sell your information, such as your name, email address, mailing address and/or telephone number to business partners, vendors, and other third-party organizations to provide you with information about products, services, and special offers we think may interest you or to improve our products, services, and advertising. If you are a California resident, you have the right to request additional information about this sharing, so please see Section 12 below. In addition, we may share the information we have collected about you, including personal information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy.
We may contract with companies or individuals to provide certain services including email and hosting services, credit card processing, shipping, data management, surveys and marketing, promotional services, to assist in preventing or deterring fraud, etc. We call them our “Service Providers”. We may share personally identifiable information with Service Providers solely as appropriate for them to perform their functions, but they may not use such information for any other purpose.
We do not share your credit card information with unaffiliated third parties unless you authorize us to do so, or if it is necessary to fulfill our responsibilities, including, but not limited to, delivering a product or service that you order.
Some of our pages utilize framing techniques to serve content to/from our partners while preserving the look and feel of our Website. Please be aware that you are providing your personal information to these third parties and not to Company.
The Company may, in its sole discretion, disclose personal information in special cases: (1) when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the rights of the Company or to anyone that could be harmed by such activities; (2) when we believe in good faith that the law requires it; (3) to a subsequent owner, co-owner or operator of a Website or applicable database or in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process; and (4) in situations involving threats to the physical safety of any person.
3. How to Exercise Your U.S. State Privacy Rights
Certain states provide or will provide residents with certain rights with respect to their personal information or personal data as defined under applicable law, including residents of California, Colorado, Connecticut, Delaware, Iowa, Montana (beginning October 1, 2024), Nebraska (beginning January 1, 2025), New Hampshire (beginning January 1, 2025), New Jersey (beginning January 15, 2025), Oregon, Texas, Utah, or Virginia as detailed in Sections 13 and 14. Please review Sections 13 and 14 for more information on state-specific rights and terms.
If you are a resident of California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah, or Virginia, please use the following information to exercise your privacy rights. Please note that any request you submit to us is subject to an identification and residency verification process as permitted under applicable law, as well as certain other procedural requirements that may be noted in the sections below. Additionally, all requests are subject to certain exceptions under applicable law, which may vary. If you are a visually impaired customer, a customer who has another disability or a customer who seek support in other language, you may access your privacy rights by emailing us at privacy@thebodyfirm.com.
Except where otherwise noted, we will respond to your request within forty-five (45) days after receipt and we reserve the right to extend the response time by an additional forty-five (45) days when reasonably necessary and provided consumer notification of the extension is made within the first forty-five (45) days. As described below, in some jurisdictions, an authorized agent may submit a request to exercise your rights on your behalf.
How to submit a request. If you wish to exercise any of the rights in Sections 13 and 14, please send your request(s) using one of the following methods:
- By using our interactive web form accessible here
- By email: privacy@thebodyfirm.com
- By calling our Toll-free number: 855-214-1617
- By mail:
The Body Firm, LLC
100 N. Pacific Coast Highway, Suite 1600
El Segundo, California 90245
Attn: [California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah, or Virginia as applicable] Privacy Rights
We do not charge a fee to process or respond to your verifiable consumer request unless its excessive, repetitive, manifestly unfounded, or in accordance with applicable law. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
You may only make a verifiable or authenticated consumer request twice within a twelve (12) month period. If we have collected information on your minor child, you may exercise the above rights on behalf of your minor child. Additionally, in some jurisdictions, you may designate an authorized agent to submit a request on your behalf. The request must include:
- Sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to the request.
We cannot respond to your request or provide you with personal data if we cannot verify or authenticate your identity or authority to make the request and confirm that the personal information relates to you.
You are not required to create an account with us to submit a verifiable or authenticated consumer request. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account. We will only use personal information provided in a verifiable or authenticated consumer request to verify your (or your authorized agent’s as applicable) identity or authority to make the request.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
4. Information Security
We use Secure Sockets Layer (SSL), an advanced security protocol that protects your credit card information and ensures secure online ordering. SSL Internet connections are encrypted, and thus protect all credit card ordering information, including your name, address, and credit card number, so it cannot be read in transit. We use secure technology, privacy protection controls, and restrictions on employee access, to safeguard your personal information. Please note, however, that although we employ industry-standard security measures to safeguard the security of your personal information, no transmissions made on or through the Internet are guaranteed to be secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Website and provide us with your information at your own risk.
5. Access and Choice
If your personal information changes, or if you no longer desire our service, you may correct, update, amend, delete/remove, or deactivate it by making the change on our member information page or by emailing our Customer Support at privacy@thebodyfirm.com or by contacting us by telephone or postal mail at the contact information listed below. We will respond to your request within a reasonable timeframe.
6. Technology Utilized / Tracking Technologies
We and our marketing partners, affiliates, or analytics or service providers, use technologies such as cookies, beacons, tags, browser fingerprinting, recognition technologies and scripts, to analyze trends, administer the Website, tracking users’ movements around the Websites, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis. This information may be combined with information collected from other third-party sources of information not collected during your visit to our website, which may include your name and mailing address, for purpose of determining whether you may be interested in receiving direct mail.
Our Website utilizes tracking technologies to collect and record your activities and movements across our websites throughout your browsing session, including to track clicks/touches, mouse movements, scrolling, keystrokes, data entered, device information and orientation, and screen size (“session data”), for purposes of our own internal analytics and improving our products, services, and user experience. We may share session data with our third-party analytics or service providers for these purposes, who will use the session data solely on our behalf and for our benefit. Please review how you consent to the collection, use, and sharing of session data in Terms of Use and Conditions of Purchase.
There may be other tracking technologies now and later devised and used by us in connection with the Website. Further, third parties may use tracking technologies in connection with our Websites, which may include the collection and storing of information about your online activities over time and across third-party websites or online services.
We and third-party vendors, including Google and Facebook, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as a DoubleClick cookie), device fingerprinting, web beacons, and other storage technologies together to collect or receive information to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our Websites and elsewhere on the Internet. Google’s use of the DoubleClick cookie enables it and its partners to serve ads based on your visit to our Websites and/or other sites and online services. To learn more about how to opt out of Google’s use of first-party cookies, click here. To learn more about how to opt out of DoubleClick’s use of cookies, visit the DoubleClick opt-out page, here.
We use Local Storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on our Website or to display advertising based upon your web browsing activity also use Flash cookies and HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. To manage Flash cookies, please click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
To opt-out of receiving our direct mail, you may send us an email at privacy@thebodyfirm.com or call us at 800-262-7441.
7. Do Not Track Signals
Some web browsers are developing or offering signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., a "Do Not Track" ("DNT") signal). A DNT signal is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. We do not monitor or take any action with respect to DNT signals.
8. Ads and Information About You
We may work with third parties, such as network advertisers and ad exchanges that use tracking technologies on our Websites in order to provide tailored advertisements on our behalf and/or on behalf of other advertisers across the Internet and we may use third-party analytics service providers to evaluate and provide us and/or third parties with information about the use of these ads on third-party sites and viewing of ads and of our content. Network advertisers are third parties that display advertisements, which may be based on your activities (including past visits to our Websites) across the Internet and mobile media (“Behavioral Ads”). Behavioral Ads enable us to target advertisements to you for products and services in which we believe you might be interested. If you object to receiving Behavioral Ads from us on third-party sites, you can learn more about your ability to limit Behavioral Ads below. Our third-party ad network and exchange providers, the advertisers and/or traffic measurement services may themselves set and access their own technologies on your device and track certain behavioral usage information via a device identifier. These third-party technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements; and (c) understand the usefulness of the advertisements that have been delivered to you.
Statements regarding our practices do not apply to the methods for collecting information used by these third parties or the use of the information that such third parties collect. We do however work with third parties to make efforts to have you provided with information on their practices and any available opportunity to exercise choice. We make no representations regarding the policies or practices of third-party advertisers or advertising networks or exchanges or related third parties.
Further, while sites use a variety of companies to serve advertisements, you may wish to visit http://www.networkadvertising.org/optout_nonppii.asp, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members no longer will be allowed under their own rules to deliver Behavioral Ads to you but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different device, or change web browsers, your NAI opt-out may not, or may no longer, be effective. You may also opt-out of receiving Behavioral Ads on participating sites and services by visiting the Digital Advertising Alliance (“DAA”) website at http://www.aboutads.info/choices/ (or if located in the European Union click here). Similar limitations may apply to the DAA opt-out. We are not responsible for effectiveness of or compliance with any third parties opt-out options or programs. Deleting browser cookies and/or using a different browser (for e.g., in-app browsers on mobile) will remove the cookie preferences you have selected, including do not sell my personally identifiable information. As a result, you may need to opt-out again in the future to maintain your preferences.
9. External Links
Our Websites may offer links to and from other third-party sites. Other sites have their own policies regarding privacy. If you visit one of these sites, you may want to review the privacy policy on that site. For example, you may have linked to the Company’s brand site through a banner advertisement on another site. In such cases the site you have linked from may collect information from people who click on the banner or link. You may want to refer to the privacy policies on those sites to see how they collect and use this information.
10. Social Media Widgets
Our Websites include social media features (“Features”), such as the Facebook Like button, and widgets, such as the Share This button or interactive applications or mini programs that run on our Websites. These Features may collect your Internet protocol address, which page you are visiting on our Website, and may set a cookie to enable the Feature to function properly. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us. If you click on social media icons on the Website (such as for Facebook, Twitter, or Instagram), those actions may be associated with, and we may have access to, your Personal Information you provided on those third-party sites or applications. If so, we will then treat it as Personal Information under this Privacy Policy since we are collecting it as a result of your accessing of and interaction on our Websites. Features are either hosted by a third-party or hosted directly on our Websites. Your interactions with these Features are governed by the privacy statement of the company providing it. You should review the applicable third-party privacy policies before using such third-party tools on our Website.
11. Blogs/Forums
Our Websites may, from time to time, offer publicly accessible blogs or community forums where you can submit ideas, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, information about your location, questions, comments, suggestions, or other content, including personal information. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Please note that Company does not control who will have access to the information that you choose to make public and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. To request removal of your personal information from our blog or community forum, contact us at privacy@thebodyfirm.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. We are not responsible for the privacy or security of any information that you make publicly available on the Websites or what others do with information you share with them on the Websites. We are not responsible for the accuracy, use or misuse of any user content that you disclose or receive from third parties through the Websites.
12. International Users
Our Websites are operated in the United States and intended for users located in the United States. Like almost every website, our Websites can be accessed by an international audience. If you are located outside of the United States, please be aware that information we collect, including personal information, will be transferred to, and processed, stored, and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. In addition, such data may be stored on servers located outside your resident jurisdiction and in jurisdictions which may have less stringent privacy practices than your own. By using the Website or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including personal information, in the United States as set forth in this Privacy Policy.
13. California Privacy Notice
This Section 13 applies to any California residents about whom we collect personal information, as defined in Section 2, from any source, including through the use of the Websites, by buying our products or services, or by communicating with us electronically, in paper correspondence, or in person (collectively, “you”). “Personal information” also includes personal information as described in California Civil Code Section 1798.80(e), which includes “Financial Information” as described in Section 2.
For purposes of this section, “publicly available information” includes: information that is made available from federal, state, or local government records; information that a business has a reasonable basis to believe is lawfully available to the general public either through widely distributed media or by the consumer; and information that is made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience.
A. What Information We Collect
We have collected the following categories of personal information in the last twelve (12) months:
- Identifiers
- Financial information
- Commercial information
- Internet or other electronic network activity information
- Audio, electronic, visual, or similar information
- Geolocation data
- Characteristics of protected classifications
- Education information
- Professional or employment-related information
- Inferences
Certain of the information we collect constitutes “sensitive personal information” as defined under California law, including:
- Social Security number; driver’s license number, passport number, state, or other government-issued identification card number;
- Account log-in, financial account, and debit or credit card information, in combination with required security or access code, password, or credentials allowing access to an account;
- Precise geolocation;
- Racial or ethnic origin;
- Sex life or sexual orientation; and
- Certain information concerning a consumer’s health.
B. What We Do With Your Information
We may collect or use personal data from you for the following purposes:
- To place an order made through the Website and fulfill your order request
- Customer communications and support
- To process transactions
- Marketing our products and services
- Marketing the products and services of others
- Promotions and sweepstakes
- For internal business purposes, including general business administration
- Internal analytics
- Audit, compliance, legal, policy, procedure, and regulatory obligations
- Customer claims and fraud investigation and prevention
- Systems and data security
- Protecting the safety of our employees and others
- To improve merchandise selections and the overall shopping experience at the Websites
- To customize your experience on the Website or to serve you specific content or ads that are relevant to you
To the extent we collect sensitive personal information as identified in Section 13A above, it may be used for all of these purposes.
C. Sources of Collected Information
We may collect personal information from the following categories of sources:
- Our customers, prospective customers, users, members, and applicants, including via our websites, mobile applications, telephone, text message, postal mail, social media, forums, message boards, chatbot, or other means;
- Our affiliates, which includes, among other companies: Guthy-Renker LLC, Guthy-Renker Ventures LLC, CxOps LLC, and OceanX LLC;
- Our service providers, which includes customer relationship management providers, analytics providers, website hosting providers, systems administrators, and communications delivery services;
- Nonaffiliated companies with which we have a business relationship and promotional and joint marketing partners;
- Other third parties, and other websites and mobile applications, online advertising partners, and other data suppliers;
- Things that other third parties may post publicly about you or otherwise provide to us; and
- Employees and job applicants.
D. Who We Disclose Information To
We may “sell” or “share” certain personal information with third party partners as part of targeted advertising initiatives. These disclosures constitute “selling” and/or “sharing” under California law, even though we do not receive monetary payment for sharing or disclosing personal information to these third parties.
Pursuant to California requirements regarding data sharing, we have provided you with opt-out rights as to that activity as described in Sections G and H below.
The only category of third parties with whom we may share your personal information is advertising and marketing companies for the limited purpose of providing you with tailored digital advertising. The only categories of personal information that we may share with these third parties are identifiers, commercial information, and information relating to Internet activity or other electronic network activity, as further detailed in Section A above.
We will not collect additional personal information from you or use your personal information for additional purposes that are incompatible with our original purpose for collection without providing you with notice.
E. How Long We Keep Your Information For
We retain your personal information, including sensitive personal information, for as long as reasonably necessary to provide you with the products or services you have requested from us, as may be required by law, as may be required to achieve any of the other purposes listed in Section B above, or until such time that you exercise your privacy rights, as further detailed in Section F below. Our determination of precise retention periods will be based on (i) the length of time we have an ongoing relationship with you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position, including regard to applicable statutes of limitations, litigation or regulatory investigations.
F. Your Privacy Rights
If you are a California resident, subject to applicable law, you have the following rights described under California law:
- Right to Know and Access. You have the right to know what personal information we collect, use, disclose, and/or sell or share as those terms are defined under applicable state law. You may ask us to provide you a portable copy of this information up to two times in a rolling twelve-month period.
- Right to Delete. You have the right to request under certain circumstances that we as well as our service providers and contractors delete the personal information that we collect about you.
- Right to Correct Inaccurate Personal Information. You have the right to request the correction of inaccurate personal information.
- Right to Opt-Out of Sale/Sharing. You have the right to opt-out of the sale/sharing of your personal information by us. Please see our Notice of Right to Opt-Out below for more information.
- Right to Limit Use and Disclosure. You have the right to limit the use or disclosure of your sensitive personal information to only the uses necessary for us to provide goods or services to you or that you otherwise reasonably expect. However, to the extent we collect sensitive personal information, we do not use it for such secondary purposes.
- Right to Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.
You may exercise or designate an agent to exercise the above rights by following the instructions in Section 3.
G. Notice of Right to Opt-Out
We may "sell" or "share" share certain personal information with third-party partners as part of targeted advertising initiatives. That sharing may constitute "selling" and/or "sharing" under California law, even though we do not receive monetary payment for sharing or disclosing personal information to these third parties. We do not otherwise "sell" personal information as defined under California law.
If you wish to opt-out of our sharing of the limited data that is gathered when you visit our Websites and other web-based services for purposes of cross-context behavioral advertising, you may do so in one or more of the following ways:
- By using our interactive web form accessible here
- By calling our toll-free number: 855-214-1617
We also encourage you to visit the Network Advertising Initiative and/or the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising for more information about opting out of seeing targeted digital advertisements.
H. Notice of Financial Incentives
We may, from time to time, offer discounts on products or services by enrolling in our membership programs or email lists. We do not necessarily offer such programs currently. If and when we offer such programs, we will ask for certain of your personal information in order to become eligible for the rewards. The programs that may potentially be available to you are:
- Email subscription lists. We may offer promotions to individuals who have subscribed to our email list, including free or discounted items. In order to participate in such promotions, if we offer them, you need to provide your email address.
- Points-based rewards programs. We may offer rewards programs that award points and other incentives for certain activity, including purchase frequency, purchase volume, social media activity, and membership milestones. Incentives that may be redeemed with points may include exclusive sales, product rewards, and free shipping offers. In order to join such programs, if we offer them, you need to provide your first and last name, email address, and password to create a rewards account.
- Industry professional programs. We may offer free-to-join membership programs for qualified beauty industry professionals that offer various incentives such as product discounts, free gifts, early access to new products, and other exclusive promotions. In order to join such programs, if we offer them, you need to provide your first and last name, email address, and applicable profession.
If you refuse to provide your opt-in consent for a financial incentive program, we will not contact you for at least twelve (12) months before requesting again.
California Civil Code Section 1798.83 permits customers of Company who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for the third parties’ direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding twelve (12) calendar months. If you are a California resident and would like to make such a request, please submit your request in writing to:
The Body Firm, LLC
100 N. Pacific Coast Highway, Suite 1600
El Segundo, California 90245
Attn: California Privacy Rights
14. Privacy Notice for Residents of Other States
Certain states provide or will provide residents with certain rights with respect to their personal information or personal data as defined under applicable law, including residents of Colorado, Connecticut, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah, and Virginia.
This Privacy Notice contains additional information for residents of Colorado, Connecticut, Montana, Oregon, Texas, Utah, and Virginia regarding personal data as defined in Collecting Personal Data that we collect, how we use it, what sources it is derived from, and who we disclose it to, and provides information regarding your rights, and our responsibilities, under applicable laws and regulations. The provisions contained within this section are intended to provide notices in compliance with the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), the Delaware Personal Data Privacy Act (“DPDPA”), the Iowa Consumer Data Protection Act (“ICDPA”), the Montana Consumer Data Privacy Act (“MCDPA”), the Nebraska Data Privacy Act (“NDPA”), the New Hampshire Privacy Act (“NHPA”), the New Jersey Privacy Act (“NJPA”), the Oregon Consumer Data Privacy Act (“OCDPA”), the Texas Data Privacy and Security Act (“TDPSA”), the Utah Consumer Privacy Act (“UCPA”), and the Virginia Consumer Data Protection Act (“VCDPA”).This section does not apply to certain personal data that is already subject to certain federal and state regulations, such as protected health information.
The CPA, CTDPA, DPDPA, ICDPA, MCDPA, NDPA, NHPA, NJPA, OCDPA, TDPSA, UCPA, and VCDPA provides rights to residents of Colorado, Connecticut, Delaware, Iowa, Montana (beginning October 1, 2024), Nebraska (beginning January 1, 2025), New Hampshire (beginning January 1, 2025), New Jersey (beginning January 15, 2025), Oregon, Texas, Utah, and Virginia respectively, to receive certain disclosures and access regarding collection, use, sale, and sharing of personal data.
We explain what kinds of personal data we may collect or have collected, how we collect it, why we collect it, and to whom we may disclose it to, including for purposes of cross-context behavioral advertising, above in Sections 1 and 2.
A. What Information We Collect
We may collect, use, and disclose personal data from or about you as described in Sections 1 and 2.
Certain of the information we collect constitutes “sensitive data” as defined under the Colorado, Connecticut, Utah, and Virginia law, including:
- Racial or ethnic origin;
- Sexual orientation;
- Precise or specific geolocation data as applicable; and
- Certain information concerning a consumer’s health.
B. What We Do With Your Information
We may collect or use personal data from you for the purposes identified in Section 2 of this Privacy Policy. To the extent we collect sensitive personal information as identified in Section 14A above, it may be used for all of these purposes.
C. Sources of Collected Information
We may collect personal information from the categories of sources identified in Section 13C.
D. Who We Disclose Information To
We may “sell” or “share” certain personal data with third-party partners as part of targeted advertising initiatives. These disclosures constitute “selling” and/or “sharing” under the CPA, CTDPA, DPDPA, ICDPA, NDPA, NHPA, NJPA, MCDPA, OCDPA, TDPSA, UCPA, and VCDPA even though we do not receive monetary payment for sharing or disclosing personal data to these third parties. Pursuant to requirements regarding data sharing under applicable law, we have provided you with opt-out rights as to that activity as described in Section F below.
The only category of third parties with whom we may share your personal data is advertising and marketing companies for the limited purpose of providing you with tailored digital advertising. The only categories of personal data that we may share with these third parties are identifiers, commercial information, and information relating to Internet activity or other electronic network activity, as further detailed in Section 2 above.
E. How Long We Keep Your Information For
We retain your personal data, including sensitive data, for as long as reasonably necessary to provide you with the products or services you have requested from us as detailed in Section 13E above.
F. Your Privacy Rights
If you are a resident of Colorado, Connecticut, Montana, Oregon, Texas, Utah, or Virginia, you have the following rights under applicable law in relation to your personal data, subject to certain exceptions:
- Right to Know and Access. You have the right to know what personal data we collect, use, disclose, and/or sell or share as those terms are defined under applicable state law. You may ask us to provide you a portable copy of this information up to two times in a rolling twelve-month period.
- Right to Delete. You have the right to request under certain circumstances that we as well as our service providers and contractors delete the personal data that we collect about you.
- Right to Correct Inaccurate Personal Data. If you are a resident of Connecticut, Colorado, Delaware, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, or Virginia, you have the right to request the correction of inaccurate personal data.
- Right to Opt-Out. You have the right to opt-out of our processing of your personal data for purposes of (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. Please note that we do not use your personal data for sales or profiling.
- Rights Concerning Sensitive Personal Data. If you are a Connecticut, Colorado, Delaware, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, or Virginia resident, we cannot process your sensitive data or your sensitive data inferences or use your personal data for certain purposes without your affirmative consent. If you are an Iowa or Utah resident, you have the right to opt out of having your sensitive personal data processed.
- Right to Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.
You may exercise or designate an agent to exercise the above rights by following the instructions in Section 3.
G. How To Appeal Decisions About Your Rights
Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, Oregon, Texas, and Virginia residents can appeal our decisions concerning privacy rights requests, as follows:
- Colorado residents. If you are a Colorado resident and want to appeal our decision with regard to a request that you have made, please contact us using the information in Section 3 above. Within forty-five (45) days of receipt of an appeal, we will inform you in writing of any action taken or not taken, including an explanation of our reasons in reaching the decision. If the appeal is denied, you may contact Colorado’s Office of the Attorney General by phone at (720) 508-6000 or by submitting a form here.
- Connecticut residents. If you are a Connecticut resident and want to appeal our decision with regard to a request that you have made, please contact us using the information in Section 3 above. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken, including an explanation of our reasons in reaching the decision. If the appeal is denied, you may contact Connecticut’s Office of the Attorney General by phone at (860) 808-5420 or by submitting a form here.
- Delaware residents. If you are a Delaware resident and want to appeal our decision with regard to a request that you have made, please contact us using the information in Section 3 above. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken, including an explanation of our reasons in reaching the decision. If the appeal is denied, you may contact Delaware’s Department of Justice by phone at (302) 683-8800 or by submitting a form here.
- Iowa residents. If you are an Iowa resident and want to appeal our decision with regard to a request that you have made, please contact us using the information in Section 3 above. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken, including an explanation of our reasons in reaching the decision. If the appeal is denied, you may contact Iowa’s Office of the Attorney General by phone at (888) 777-4590 or by submitting a form here.
- Montana residents. If you are a Montana resident and want to appeal our decision with regard to a request that you have made, please contact us using the information in Section 3 above. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken, including an explanation of our reasons in reaching the decision. If the appeal is denied, you may contact Montana’s Office of the Attorney General by phone at (406) 444-4500 or by submitting a form here.
- Nebraska residents. If you are a Nebraska resident and want to appeal our decision with regard to a request that you have made, please contact us using the information in Section 3 above. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken, including an explanation of our reasons in reaching the decision. If the appeal is denied, you may contact Nebraska’s Office of the Attorney General by phone at (402) 471-2683 or by submitting a form here.
- New Hampshire residents. If you are a New Hampshire resident and want to appeal our decision with regard to a request that you have made, please contact us using the information in Section 3 above. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken, including an explanation of our reasons in reaching the decision. If the appeal is denied, you may contact New Hampshire’s Office of the Attorney General by phone at (603) 271-3658 or by submitting a form here.
- New Jersey residents. If you are a New Jersey resident and want to appeal our decision with regard to a request that you have made, please contact us using the information in Section 3 above. Within forty-five (45) days of receipt of an appeal, we will inform you in writing of any action taken or not taken, including an explanation of our reasons in reaching the decision. If the appeal is denied, you may contact New Jersey’s Office of the Attorney General by phone at (800) 242-5846 or by submitting a form here.
- Oregon residents. If you are an Oregon resident and want to appeal our decision with regard to a request that you have made, please contact us using the information in Section 3 above. Within forty-give (45) days of receipt of an appeal, we will inform you in writing of any action taken or not taken, including an explanation of our reasons in reaching the decision. If the appeal is denied, you may contact Oregon’s Office of the Attorney General by phone at (877) 877-9392 or by submitting a form here.
- Texas residents. If you are a Texas resident and want to appeal our decision with regard to a request that you have made, please contact us using the information in Section 3 above. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken, including an explanation of our reasons in reaching the decision. If the appeal is denied, you may contact Texas’ Office of the Attorney General by phone at (800) 621-0508 or by submitting a form here.
- Virginia residents. If you are a Virginia resident and want to appeal our decision with regard to a request that you have made, please contact us using the information in Section 3 above or notify the Office of the Attorney General of Virginia online here. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken, including an explanation of our reasons in reaching the decision. If the appeal is denied, you may contact Virginia’s Office of the Attorney General by phone at (804) 786-2071, written correspondence to 202 North 9th Street, Richmond, Virginia 23219, or online here.
H. Bona Fide Loyalty Program Notice for Colorado residents.
We may offer rewards programs that award points and other incentives for certain activity, including purchase frequency, purchase volume, social media activity, and membership milestones, as further detailed in Section 13H above. Incentives that may be redeemed with points may include exclusive sales, product rewards, and free shipping offers. In order to join such programs, if we offer them, you need to provide your first and last name, email address, and password to create a rewards account. We may also offer free-to-join membership programs for qualified beauty industry professionals that offer various incentives such as product discounts, free gifts, early access to new products, and other exclusive promotions. In order to join such programs, if we offer them, you need to provide your first and last name, email address, and applicable profession. Please note that your exercise of the Right to Delete may make it impossible for us to continue to offer our Loyalty Programs because the Loyalty Programs requires us to track your purchases and other activities across time and among our retail and online stores. If you refuse to provide your opt-in consent for a bona fide loyalty program, we will not contact you for at least twelve (12) months before requesting again. If you wish to opt out of our bona fide loyalty programs, please use the information in Section 3.
15. SMS/text program
You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages (IE Cookies). To the extent you voluntarily opt to have Text notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. For more information about text messages, see our Terms and Conditions. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the Text Message services.
16. Notification of Changes
We may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised policy here. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Website prior to the change becoming effective. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Policy. Your continued use of the Website after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue your use of our Website.
17. Contact Information
If you have any questions about the Privacy Policy or practices described in it, you should contact us in the following ways:
The Body Firm, LLC
100 N. Pacific Coast Hwy, Suite 1600
El Segundo, California 90245
Email: privacy@thebodyfirm.com
This Privacy Policy was last updated on December 23rd, 2024.
Terms of Use and Conditions of Purchase
PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE PLACING AN ORDER ONLINE OR OVER THE TELEPHONE, OR OTHERWISE USING THIS WEBSITE OR ANY OTHER BODY FIRM WEBSITE. This product website (the “Website”) is owned and operated by The Body Firm, LLC and its affiliates (collectively "Body Firm®", "us", "we" or "our"). These Terms of Use and Conditions of Purchase and any amendments or supplements to it, together with our Privacy Policy (collectively, the "Agreement") form a legally binding agreement between you and The Body Firm, LLC. This Agreement governs your access to and use of any The Body Firm, LLC Website, any order you place through The Body Firm, LLC website or by telephone, and, as applicable, your use or attempted use of our products and services (collectively, “Your Use”).
Your use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE, DO NOT ORDER, AND DO NOT USE THE BODY FIRM, LLC PRODUCT.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 15) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 15 BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
TABLE OF CONTENTS
- Eligibility
- User-Generated Content
- User Conduct
- Protection of Intellectual Property Rights and License
- Disclaimer Regarding Information Provided on the Website
- Disclaimer of Warranties With Respect to Use of the Website
- Links to Other Websites That The Body Firm, LLC Does Not Control
- Purchasing Items from Us
- Product Representations
- Pricing Errors and Omissions
- Order Placement and Acceptance
- Shipping and Risk of Loss
- Sales Tax
- Payment Information
- International Orders
- Automatic Renewal Terms
- Return/Refund
- Electronic Communications, Signatures and Agreements
- SMS and MMS Communication
- Communications with The Body Firm, LLC
- Limitation on The Body Firm, LLC’s Liability
- Indemnification
- Termination of Website
- Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver
- Generally
- Exceptions to Binding Arbitration.
- Mandatory Pre-Dispute Procedures.
- Commencement of Arbitration.
- Arbitration Location
- Sponsoring Organization, Rules and the Arbitrator.
- Arbitration Fees
- Arbitration Award
- Enforceability
- Miscellaneous
- Amendments
- Exclusive Venue for Other Controversies
- Remedies for The Body Firm, LLC
- Modifications to the Agreement
- Trademark Notices
- Copyright Policy
- The Body Firm, LLC Code of Conduct
- Other Important Terms
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Eligibility
In order to use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian's consent to the Agreement. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.
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User-Generated Content
Subject to the limitations set forth herein, you may upload any photographs, comments, video clips, reviews and other communications and content to the Website (“Your Content”). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant The Body Firm, LLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. The Body Firm, LLC and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information.
You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity; and (d) that you will indemnify The Body Firm, LLC for all claims relating to Your Content.
We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. The Body Firm, LLC has the right, but not the obligation, to monitor and edit or remove any activity or content. The Body Firm, LLC takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.
Consent to tracking technologies. You consent to the use of tracking technologies on the Website to collect and record your real-time activities and movements across the Website throughout your browsing session, including to track clicks/touches, mouse movements, scrolling, keystrokes, data entered, device information and orientation, and screen size (“session data”), for purposes of our own internal analytics and improving our products, services, and user experience. You also consent our sharing of your session data with our third-party service providers for these purposes. Please review our Privacy Policy for more information about our collection, use, and sharing of session data.
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User Conduct
You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may not without our prior written consent:
- (i) copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
- (ii) modify, distribute, or re-post any content on the Website for any purpose; or
- (iii) use the content of the Website for any commercial exploitation whatsoever.
In using the Website, you further agree:
- (a) not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
- (b) not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;
- (c) not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
- (d) not to use, frame, or utilize framing techniques to enclose any The Body Firm, LLC trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without The Body Firm, LLC's express written consent;
- (e) not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
- (f) not to use meta tags or any other "hidden text" utilizing The Body Firm, LLC name, trademark, or product name without The Body Firm, LLC's express written consent;
- (g) not to deep link to the Website without The Body Firm, LLC's express written consent;
- (h) not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;
- (i) not to collect or store personal data about others;
- (j) not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
- (k) not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you;
- (l) to be bound by the Product Submission Policies of The Body Firm, LLC, including that any product submission you may make to The Body Firm, LLC will not be held in confidence by The Body Firm, LLC and is not proprietary, that The Body Firm, LLC may use the product submission and any aspect thereof for any purposes in The Body Firm, LLC's sole discretion and that The Body Firm, LLC owes no duties or obligations with respect to you or the product submission made; and
- (m) to comply with all applicable laws regarding your use of the Website
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Protection of Intellectual Property Rights and License
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of The Body Firm, LLC's or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
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Disclaimer Regarding Information Provided on the Website
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
THE BODY FIRM, LLC AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE THE BODY FIRM, LLC STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, THE BODY FIRM, LLC CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
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Disclaimer of Warranties With Respect to Use of the Website
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE BODY FIRM, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE BODY FIRM, LLC DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE BODY FIRM, LLC MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BODY FIRM, LLC OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
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Links to Other Websites That The Body Firm, LLC Does Not Control
The Website may provide links to other websites and/or resources, including advertisers, over which The Body Firm, LLC has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by The Body Firm, LLC of content, items, or services on those third-party websites. You access, view and use such website links, including the content, items or services on those websites, solely at your own risk. The Body Firm, LLC makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that The Body Firm, LLC has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources. At the moment when you leave the Website via a link to another website, you will be subject to the Privacy Policy and the Terms of Use of such other website.
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Purchasing Items from Us
Product Representations. The Body Firm, LLC reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. The Body Firm, LLC takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that The Body Firm, LLC does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is listed on the Website under Customer Service or by calling 800-200-3910. The Body Firm, LLC's descriptions of, or references to, products not owned by The Body Firm, LLC do not imply endorsement of that product, or constitute a warranty by The Body Firm, LLC.
Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. The Body Firm, LLC reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
Order Placement and Acceptance. If you order a product, payment must be received by The Body Firm, LLC prior to The Body Firm, LLC’s acceptance of the order. The Body Firm, LLC may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.
Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization and a form of payment has been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.
The Body Firm, LLC does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If The Body Firm, LLC discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, The Body Firm, LLC will also report you to federal, state and/or local enforcements authorities.
Shipping and Risk of Loss. The Body Firm, LLC will add applicable shipping and handling fees to your order. Unless otherwise noted, The Body Firm, LLC will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although The Body Firm, LLC may provide delivery or shipment timeframes or dates, you understand that those are The Body Firm, LLC's good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order, The Body Firm, LLC will use reasonable good faith efforts to contact you. If The Body Firm, LLC cannot contact you or you no longer wish to receive the item, The Body Firm, LLC will cancel the order and promptly refund the amount tendered, and will do so within 7 business days if made using third-party credit card, such as a Visa or Mastercard. The Body Firm, LLC shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. The Body Firm, LLC may reject orders where the stated delivery address is outside the United States.
Sales Tax. In the United States, The Body Firm, LLC is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. The Body Firm, LLC is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes. Qualifying States: AL, AZ, AR, CA, CO, CT, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, NE, NV, NJ, NM, NY, NC, ND, OH, OK, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI and WY.
Payment Information. In ordering products through the Website, by telephone, or otherwise, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. The Body Firm, LLC shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to The Body Firm, LLC, or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
International Orders. The Body Firm, LLC does not directly sell certain The Body Firm, LLC products in any jurisdiction other than the United States of America, as these products may not be approved for sale in other jurisdictions. While The Body Firm, LLC may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:
- (a) You agree that the purchase of any The Body Firm, LLC products by you, as a non-U.S. resident, shall be (i) ex works The Body Firm, LLC's facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner;
- (b) You agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period;
- (c) You hereby expressly authorize and direct The Body Firm, LLC to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and
- (d) You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from The Body Firm, LLC's facilities in the United States to your foreign shipping address.
For Canadian Orders only: The Body Firm, LLC is an approved CREDITS participant with the Canada Border Services Agency (CBSA). By ordering goods from The Body Firm, LLC, you hereby authorize Landmark Trade Service LTD. an approved customs broker in CREDITS, to act as your agent, and to transact business with the CBSA to obtain release of your merchandise, account for duties and taxes, return merchandise to The Body Firm, LLC, and electronically submit refund claims on your behalf. Under the CREDITS program, you understand that the CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the customs broker, and that you will obtain the refund directly from The Body Firm, LLC. Further, you also authorize Landmark Trade Service LTD. to forward any refund issued by the CBSA in your name, so that The Body Firm, LLC can be reimbursed.
Automatic Renewal Terms. If you are placing an order online or by telephone as part of our automatic renewal program, your membership in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.
IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT AND/OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER CUSTOMER SERVICE.
You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling a customer service representative at the telephone numbers listed on the Website under Customer Service or by calling 800-200-3910. If you are participating in our automatic renewal program using a credit card and your credit card fails to process for a subsequent shipment, The Body Firm, LLC may convert your account to a pay-by-check plan. If your account has been converted to a pay-by-check plan, you will receive an invoice along with your shipment. Invoiced items not paid within 28 days of receipt will be considered past due and The Body Firm, LLC will send you communications to collect past due balances. If you fail to timely update your credit card information or fail to timely pay by check, your membership in our automatic renewal program may be terminated and your account may be sent for collection.
Return/Refund Policy. You may return items in accordance with the Return Policy instructions that accompany your product shipments or, if you are uncertain about your right to return the product, you may also call Customer Service or by calling 800-200-3910 for assistance. The Body Firm, LLC will refund your payment when your product is timely returned or cancelled, and within 7 business days of our receipt of the returned product if purchased using third-party credit, such as a Visa or Mastercard.
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Electronic Communications, Signatures and Agreements
The information communicated on the Website constitutes an electronic communication. When you communicate with The Body Firm, LLC through the Website or via other forms of electronic media, such as e-mail, you are communicating with The Body Firm, LLC electronically. You agree that The Body Firm, LLC may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that The Body Firm, LLC provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by The Body Firm, LLC or you).
You further acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by The Body Firm, LLC, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY THE BODY FIRM, LLC. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
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SMS and MMS Communication
You have chosen to opt-in and agree to receive automated promotional and informational text messages on an ongoing basis (e.g., SMS and MMS) from The Body Firm, LLC and its affiliates (collectively “Body Firm®”, “us”, “we” or “our”), including text messages which may be delivered by an automated messaging system, to the mobile telephone number you provided to us upon signing up for this service or any other number that you may input. Your carrier's messaging & data rates may apply. Your consent to receive automated text messages is not a condition of any purchase you make.
Messaging frequency may be subject to change. The Body Firm, LLC reserves the right to change the volume of messages sent at any time and for any reason. The Body Firm, LLC has the right to modify the short code or phone number from which this service sends you messages.
Due to the wide variety of mobile devices and handsets, you acknowledge that not all devices and/or interfaces may be supported by this service and our messages may not be deliverable to you in all locations. The Body Firm, LLC, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages. T-Mobile is not liable for delayed or undelivered messages.
By agreeing to these Messaging Terms, you also agree to The Body Firm, LLC's Terms and Privacy Policy, which are hereby incorporated by reference. In the event of any conflict, these Messaging Terms shall control with regard to your use of this messaging service. You also agree to The Body Firm, LLC's Terms and Privacy Policy, which are hereby incorporated by reference.
Age Restriction and Eligibility
In order to use this messaging service, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian's consent to the Agreement. This messaging service is not intended for children under the age of 13 and no person under the age of 13 may use the program. If you use the messaging service, you are affirming that you are at least 13 years old.
Choosing to Opt-Out
You acknowledge that an opt-out request that does not solely consist of the “STOP” keyword command will not be recognized by our system as an opt-out request, and you agree and acknowledge that The Body Firm, LLC and its service providers will not be responsible for any failure to comply with such ineffective opt-out requests. Notwithstanding the foregoing, if you opt-out from this text message program, you may continue to receive text messages from The Body Firm, LLC through any other programs you have joined until you separately opt-out from those programs.
Termination of Text Messaging
The Body Firm, LLC may suspend or terminate this service and your receipt of The Body Firm, LLC related text messages if it believes you are in breach of these Messaging Terms. Your use of this service and receipt of The Body Firm, LLC text messages are also subject to termination in the event you no longer have the rights access to your mobile telephone service. The Body Firm, LLC reserves the right to modify or discontinue, temporarily or permanently, all or any part of this The Body Firm, LLC text messaging service, with or without notice.
Mobile Phone Number Change
In the event that you change or deactivate your mobile phone number, you agree to notify The Body Firm, LLC at https://thebodyfirm.com/customer-service.html.
Contact
If you have questions regarding these Messaging Terms or are experiencing any problems, please reach out to us at https://thebodyfirm.com/customer-service.html.
This messaging program is a service of :
6390 Commerce Court, Groveport, OH 43125
Attention: The Body Firm, LLCChanges to Messaging Terms
We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.
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Communications with The Body Firm, LLC
You acknowledge that telephone calls to or from The Body Firm, LLC are monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to The Body Firm, LLC, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to The Body Firm, LLC. You acknowledge that by voluntarily providing your telephone numbers to The Body Firm, LLC, you expressly agree to be contacted at the telephone numbers you provide.
You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of The Body Firm, LLC relating to this Agreement, any purchase or transaction with The Body Firm, LLC, matters related to your account (including debt collection), and promotions regarding The Body Firm, LLC products. These communications may be made by or on behalf of The Body Firm, LLC, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that The Body Firm, LLC will not be responsible for these charges.
The Body Firm, LLC may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide The Body Firm, LLC notice within 30 days of any change to your contact information by writing to 6390 Commerce Court, Groveport, OH 43125; Attention: The Body Firm, LLC or email us. Your consent to this communications provision is not required to make any purchase with The Body Firm, LLC.
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Limitation on The Body Firm, LLC’s Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE BODY FIRM, LLC, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
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Indemnification
You agree to indemnify and hold harmless The Body Firm, LLC, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to The Body Firm, LLC that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement.
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Termination of Website
You agree that The Body Firm, LLC may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason that The Body Firm, LLC, in its sole discretion, deems appropriate. You further agree that The Body Firm, LLC will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on The Body Firm, LLC’s liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.
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Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Generally . Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, The Body Firm, LLC, and/or any involved third party relating to your account, Your Use (defined here), your relationship with The Body Firm, LLC, or these Terms of Use and Conditions of Purchase. This includes any and all claims that relate in any way to your use of the products, your attempted use of the products, and any act or omission by The Body Firm, LLC or any third party related to your use or attempted use of the products. You, The Body Firm, LLC, or any involved third party may pursue a Claim. The Body Firm, LLC agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against The Body Firm, LLC. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
Exceptions to Binding Arbitration . As an exception to binding arbitration, you and The Body Firm, LLC both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. The Body Firm, LLC will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Mandatory Pre-Dispute Procedures . You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against The Body Firm, LLC, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to The Body Firm LLC, 100 N. PACIFIC COAST HWY., Suite 1600, El Segundo, CA 90245; Attn: The Body Firm, LLC. You agree to negotiate with The Body Firm, LLC in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after The Body Firm, LLC’s receipt of your written dispute, you agree to the dispute resolution provisions below.
Commencement of Arbitration . You and The Body Firm, LLC agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.
Arbitration Location . For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and The Body Firm, LLC agree.
Sponsoring Organization, Rules and the Arbitrator . You agree that any Claims shall be resolved by submitting the dispute to final and binding arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.
The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms of Use and Conditions of Purchase and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or The Body Firm, LLC.
Arbitration Fees . The Body Firm, LLC shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Arbitration Award . The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Although The Body Firm, LLC may have a right to an award of attorneys’ fees and expenses under some laws if it prevails, The Body Firm, LLC agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.
Enforceability . This provision survives termination of your account or relationship with The Body Firm, LLC, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Miscellaneous . Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and The Body Firm, LLC and shall not be modified except in writing by The Body Firm, LLC.
Amendments . The Body Firm, LLC reserves the right to amend this arbitration provision at any time. Your continued use of any The Body Firm, LLC Website, purchase of The Body Firm, LLC product, or use or attempted use of The Body Firm, LLC product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, The Body Firm, LLC will provide you notice and an opportunity to opt-out. Your continued use of any The Body Firm, LLC Website, purchase of The Body Firm, LLC product, or use or attempted use of The Body Firm, LLC product, is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF THE BODY FIRM, LLC PRODUCT ( WHICHEVER COMES FIRST) BY WRITING TO THE BODY FIRM LLC, 100 N. PACIFIC COAST HWY., SUITE 1600, EL SEGUNDO, CA 90245; ATTN: THE BODY FIRM, LLC. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY THE BODY FIRM, LLC PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF THE BODY FIRM, LLC PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
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Exclusive Venue for Other Controversies
You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You and The Body Firm, LLC agree to commence any proceeding within 1 year after the Claim arises and that any proceeding commenced after 1 year shall be barred.
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Remedies for The Body Firm, LLC
In order to avoid irreparable injury to The Body Firm, LLC, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting The Body Firm, LLC from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
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Modifications to the Agreement
The Body Firm, LLC may make changes to these Terms of Use and Conditions of Purchase, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms of Use and Conditions of Purchase constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.
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Trademark Notices
BODY FIRM® is a trademark of The Body Firm, LLC. All other trademarks and service marks displayed on the Website are the property of The Body Firm, LLC or their respective owners. You may not use or display any trademarks or service marks owned by The Body Firm, LLC without The Body Firm, LLC’s prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.
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Copyright Policy
It is The Body Firm, LLC’s policy to respect the copyright and intellectual property rights of others. The Body Firm, LLC may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, The Body Firm, LLC may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, The Body Firm, LLC complies with the Digital Millennium Copyright Act.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide The Body Firm, LLC's Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Website.
- Your address, telephone number, and e-mail address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please direct inquiries regarding infringement issues by email to DMCA@bodyfirm.com
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The Body Firm, LLC Code of Conduct
The Body Firm, LLC aspires to protect its brands and bring quality products and exceptional consumer experience to its customers. One way we seek to accomplish such continuous improvement is to ensure fair and ethical workplace standards in our supply chain. More details of our Code of Conduct can be found at https://www.thebodyfirm.com/code-of-conduct.html.
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Other Important Terms
The Body Firm, LLC may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with The Body Firm, LLC. No delay by The Body Firm, LLC in exercising any right or remedy under these Terms of Use and Conditions of Purchase shall operate as a waiver of that right or remedy or shall affect The Body Firm, LLC’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by The Body Firm, LLC in writing. These Terms of Use and Conditions of Purchase supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.
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