These Terms may be updated from time to time, without notice to you. Your continued use of the Services constitutes your acceptance to the new Terms.
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, and audio clips, digital downloads, and data compilations, is the property of Body by Jake and is protected by United States and international copyright laws.Trademarks
Body by Jake and other marks indicated on the Site are registered trademarks of Body by Jake or its affiliates and/or subsidiaries, in the United States and other countries. Body by Jake and other Body by Jake graphics, logos, page headers, button icons, scripts, and service names are trademarks of Body by Jake. Body by Jake trademarks may not be used in connection with any product or service that is not Body by Jake, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Body by Jake. All other trademarks not owned by Body by Jake, its affiliates or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Body by Jake.Modification of Service and Limitations
Body by Jake reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Body by Jake shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. The Site is limited to individuals 18 years and older. You agree that you will not access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, the Site or any portion thereof.Your Body By Jake Account
You may need to create a Body by Jake account in order to use the Site. You are solely responsible for the activity that occurs on your account so you must keep your account password secure. In other words, you may be liable to Body by Jake or others as a result of any unauthorized use of your account. Thus, it is your responsibility to notify Body by Jake immediately of any breach of security or unauthorized use of your account. Body by Jake will not be liable for losses caused by any unauthorized use of your account. You may not, under any circumstances use another's account without permission.Use of Information Submitted
You may post reviews, comments, photos, and other content on the Site (the "User Content") as long as the User Content is not illegal, obscene, threatening, defamatory, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, as determined by Body by Jake in its sole and absolute discretion, and does not contain software viruses, commercial solicitation or any form of spam. By posting or displaying the User Content to the Site, you hereby grant to Body by Jake a nonexclusive, royalty-free license, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the User Content throughout the world in any media.
You represent and warrant that you own or otherwise control all of the rights to the User Content, that the User Content is accurate, that use of the User Content you supply does not violate these Terms and will not cause injury to any person or entity. Body by Jake takes no responsibility and assumes no liability for any User Content posted by you or any third party.Notice and Procedure for Making Claims of Copyright Infringement
The Site has in place certain legally mandated procedures regarding allegations of copyright infringement. The Site has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of the Site or of a third party, or otherwise violated any intellectual property laws or regulations. The Site's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know or have a good faith belief that your rights or the rights of a third party have been violated and you want the Site to delete, edit or disable the material in question, you must provide the Site with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Site to locate the material; (d) information reasonably sufficient to permit the Site to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the Site's designated agent at:
By Mail: Copyright Agent c/o Body By Jake
P.O. Box 25401
Los Angeles, CA 90025
By Email: firstname.lastname@example.orgTerms of Purchase
You may purchase certain products or services on the Site. At the time you placed your order, you may have been offered and agreed to purchase the product or service at a price that is not consistent with other customers. Your cost (which includes applicable sales tax) is the amount you agreed to pay at the time of purchase.
At the time of purchase, you may have been offered a one time and/or auto-ship plan of the product or service. The cost for the service was stated to you at the time of purchase. If you chose the one-time fee, the service will be automatically billed to the credit card you provided upon the shipment of your order. If you chose an auto-shipment plan, the fee will be automatically charged to the credit card you provide at the time of shipment and/or at the interval you agreed to at the time of purchase. You can cancel your auto-shipments at any time and have no further obligation. Cancellations must be made by telephone by calling 1-866-655-4340.
If you use a credit card, you may be subject to a preauthorization at the time you place your order. The preauthorization is not a charge to the credit card. However, the then-applicable full cost for the service or product may be reserved against your available credit card limit.Guarantee
Each product you purchase from the Site comes with a 30 day money back guarantee. If you are not completely satisfied with a product, simply return the unused portion within 30 days from the date you received your product. For products purchased on an auto-shipment plan, the guarantee only applies to first-time shipments. The money back guarantee does not apply to subsequent purchases of the same product.
Before a refund can be issued, you are required to contact Body by Jake Customer Care at 800-251-7804 for return instructions. Body by Jake will issue a refund for the original product purchase price, less shipping and handling, within 30 days after receipt of your returned Product.Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. BODY BY JAKE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BODY BY JAKE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BODY BY JAKE MAKES NO WARRANTY THAT SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE (I) WILL MEET YOUR REQUIREMENTS, (II) WILL PROVIDE THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR PRODUCTS PURCHASED FROM THE SITE OR BY OTHER CUSTOMERS WILL BE ACCURATE OR RELIABLE, AND (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
BODY BY JAKE IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM USE OF THE SITE. THIS APPLIES TO ALLEGED LIABILITY ON ANY BASIS, EVEN IF BODY BY JAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS BODY BY JAKE LIABILITY, IF ANY, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.Indemnification
Upon a request by Body by Jake, you agree to defend, indemnify, and hold harmless Body by Jake and its affiliates, their employees, contractors, agents, representatives, officers and directors from all liabilities, claims, and expenses, including without limitation attorneys fees that arise from your use or misuse of the Site. Body by Jake reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Body by Jake in asserting any available defenses.Choice of Law and Forum
These Terms are governed by California laws, without regard to principles of conflict of laws. Any action to enforce or interpret them shall be brought and maintained exclusively in the Superior Court of the State of California in Los Angeles. The parties irrevocably submit to the jurisdiction of said court and waive all objections thereto and waive the right to remove such action to a Federal District Court.Severability and Integration