Terms & Conditions

Version 1.2

MARCH 15, 2024

PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE “AGREEMENT”) CAREFULLY. THIS AGREEMENT APPLIES TO:

ANYONE WHO ACCESSES THIS WEBSITE (WWW.BODYBIO.COM) OF BODYBIO, INC. (“BODYBIO,” “US” “WE” OR “OUR”) OR ANY OTHER WEBSITE BELONGING TO US, OUR AFFILIATES OR AGENTS WITH LINKS TO THESE TERMS OF SERVICE. (COLLECTIVELY, THE “SITE”), FOR THE PURPOSE OF PURCHASING OUR DIETARY SUPPLEMENTS (COLLECTIVELY OUR “PRODUCTS”), USING THE SERVICES AND RESOURCES (COLLECTIVELY, “SERVICES”) AVAILABLE OR PROVIDED THROUGH THE SITE;

ANYONE WHO IS BROWSING OUT SITE;

ANYONE WHO PURCHASES OUR PRODUCTS THROUGH A PHYSICAL RETAIL LOCATION.

YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.

IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE INITIAL TERM WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT BODYBIO’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THIS AGREEMENT. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Your use of, and participation in, certain supplemental Services may be subject to additional terms (“Supplemental Terms”), such as the BodyBio Gift Card Terms and Conditions included below, and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. The Supplemental Terms apply in addition to the terms of this Agreement, however, if there is any inconsistency between this Agreement and the Supplemental Terms, the Supplemental Terms shall control with respect to such supplemental Service.

IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THIS SITE OR THE SERVICES.

PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at the Site. We will also update the version number and date at the top of the Agreement. If we make any material changes, and you have registered to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement to notify you of the changes. If you do not agree to the changes, you should discontinue using the Services. Any changes to the Agreement will be effective immediately for new users of the Site or Services. We may make non-material changes to this Agreement from time to time without providing you notice of such changes. Your continued use of the Site and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT VERSION OF THIS AGREEMENT.

WEBSITE

We grant you a limited license to access and use the Site for your personal use. You are not permitted to copy, distribute and transmit the content of this Site to any person for any purposes.

Further, (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Site or Services, (b) you shall not frame or utilize framing techniques to enclose any of our trademarks, logos, or other intellectual property (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using our name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site; (h) you shall not upload, transmit or otherwise distribute any “time bomb,” virus, drop dead device, malicious logic, worm, Trojan horse, trap or back door virus, spyware or other malware or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware, or collect, use or disseminate any message from or through any device that can access our Site and Services; (i) you shall not access our Site by any means other than through the interface provided by us; (j) you shall not use the Site for any fraudulent, illegal or unauthorized purpose; (k) you shall not infringe on our intellectual property rights or the intellectual property rights of others, including copyrights, trademarks, and patents; (l) you shall not share your account credentials with unauthorized users; (m) you shall not impersonate any other person or entity; (n) you shall not spam or send unsolicited communications to other users; (o) you shall not use the Site in a way that is harmful to or offensive to others; (p) you shall not override any security component of the Site; (q) you shall not do anything that could disable, overburden or impair the proper working of the Site; or (r) do anything that violates any local, state, national, or international laws.

Any future release, update or other addition to the Site shall be subject to this Agreement. We, our suppliers and service providers reserve all rights not granted in this Agreement. Any unauthorized use of the Site or Services immediately terminates this Agreement and the licenses granted by us pursuant to this Agreement.

REGISTRATION

To create an account and/or make purchases through the Site, you will be asked to submit certain information, which may include your name and/or a username, email address, and password. Please refer to our Privacy Policy, available at https://bodybio.com/pages/privacy-policy for how BodyBio collects, uses and discloses personal information. Each time you log into the Site, you will be deemed to be authorized to access and use the Site in a manner consistent with this Agreement and we have no obligation to investigate or validate the authorization or source of any such access or use of the Site.

At the time of your first order, we will request shipping and payment information. You will be required to set up an account with a third-party payment processor and provide your credit card, bank account or other payment information. The third-party payment processor will process your payment for all of your orders. We do not and will not have access to your credit card, bank account or other payment information.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

PURCHASING PRODUCTS

ALL PURCHASES OF PRODUCTS (WHETHER THROUGH THE SITE OR ANY PHYSICAL RETAIL LOCATION) ARE FOR PERSONAL, NON-COMMERCIAL USE ONLY. YOU AGREE NOT TO ENGAGE IN THE MARKETING, SALE, RESALE, OR DISTRIBUTION OF PRODUCTS INCLUDING, WITHOUT LIMITATION, THE LINKING OF OUR PRODUCTS ON OR TO ANY THIRD-PARTY E-COMMERCE SITE, MARKETPLACE OR MOBILE APPLICATION WITHOUT OUR SPECIFIC WRITTEN CONSENT. ENGAGING IN ANY OR ALL OF THE FOREGOING IS EXPRESSLY PROHIBITED.

Certain Products available on our Site may be available exclusively online through the Site and may be limited in quantity. Descriptions, images, references, features, content, specifications, products, prices, and availability of any Products are subject to change without notice, and our current prices can be found on the Site. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Products on the Site at a particular time does not imply or warrant that these Products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through the Site. By placing an order, you represent that the Products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product at any time; to honor, cancel or impose conditions or limitations on the honoring of, any coupon, coupon code, promotional code, referral credit or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any Product. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any Product made on this Site is void where prohibited.

Each part of any order that you submit to BodyBio constitutes an offer to purchase. If you do not receive a message from BodyBio confirming receipt of your order, please contact our Customer Service department at help@BodyBio.com before re-entering your order. BodyBio’s confirmation of receipt of your order does not constitute BodyBio’s acceptance of your order. BodyBio is only deemed to have accepted your order once the Product(s) you ordered have been shipped.

Although we strive to accept all valid orders, BodyBio reserves the right to deny any order for any reason, including if: (i) we discover an error in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an order has been placed using stolen payment information or otherwise appears to be connected to fraud, or (iii) the ordered Product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.

If any Product is discontinued or otherwise becomes unavailable, BodyBio reserves the right to cancel your order and provide you a refund for the amount paid for the Product.

To protect the intellectual property rights of BodyBio, any resale of Products for personal and/or business profit is strictly prohibited. BodyBio reserves the right to decline any order that we deem to possess characteristics of reselling.

SUBSCRIPTION PROCESS, RENEWAL AND CANCELLATION

We currently ship to addresses within the United States, Canada, the United Kingdom and parts of the European Union. If you purchase a subscription to Products through our Site or through third-party retailers, we will send you a shipment containing a supply of such Products from us for that specific subscription period. We may offer different subscription terms and/or options to delay or rush your next shipment for your convenience.

Your subscription will continue, and you will be charged, at the beginning of each subscription period, until you choose to cancel. However, please note that the purchase price for the Products is non-refundable, so if you cancel your subscription, we will send you any outstanding supply of Products but will not refund you any amounts for shipments not yet shipped as of the date of cancellation. There is no subscription fee associated with your subscription. You will only be charged for the cost of the product and the cost of shipping and handling. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew and continue for an additional subscription period (each a “Renewal”), at our then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to commencement of any Renewal by logging into and going to the “Edit Subscription” section in the “Account” page.

If you do not wish your account to renew automatically, or if you want to cancel your subscription, please log in and go to the “Account” page. By subscribing, you authorize us to charge your payment provider now, and again at the beginning of any Renewal subscription period. We will send you an email reminder prior to charging your payment provider during each subscription period. If you choose to cancel your subscription at any time, your subscription will be immediately terminated, and we will not charge you for any of the Products covered by your subscription through the remainder of the subscription period. You agree that we may either terminate or suspend your subscription for any reason at any time at our sole discretion with or without notice to you.

If you are a consumer in the United Kingdom or the European Union, prices in connection with the Products or Services provided under this Agreement shall be inclusive of any applicable Sales Tax. In all other cases, the payments required under this Section of this Agreement do not include any Sales Tax that may be due in connection with the Products or Services provided under this Agreement. If BodyBio determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, BodyBio shall collect such Sales Tax in addition to the payments required under this Section of this Agreement. If any Products or Services, or payments for any Products or Services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to BodyBio, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify BodyBio for any liability or expense BodyBio may incur, including reasonable attorneys’ fees, in connection with such Sales Taxes. Upon BodyBio’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, VAT and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

BILLING AND PAYMENTS

To make an order through the Services, you must provide valid payment information. By providing your payment information, you agree that BodyBio is authorized to immediately invoice your Account for all fees and charges due and payable to BodyBio hereunder and that no additional notice or consent is required. You agree to immediately notify BodyBio of any change in your billing address, debit card, credit card, or other relevant payment account information. In all countries we currently ship products to, we accept the following debit or credit cards: Visa, MasterCard, and American Express. In the United States, we also accept Shop Pay, PayPal, Google Pay and Amazon Pay. Additionally, we accept BodyBio gift cards in all countries we currently ship products to (“Gift Cards”). If you purchase or use any BodyBio gift cards, you agree to the terms of the BodyBio Gift Card Terms and Conditions, which are outlined below (the “Gift Card Terms”). If you do not agree to the BodyBio Gift Card Terms and Conditions, you may not use or purchase Gift Cards. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person and in accordance with the terms thereof. Only Promo Codes sent to you through official BodyBio communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.

You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.

We use a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You hereby consent to provide and authorize BodyBio, Inc. and its third-party service provider to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information. Upon initial registration of your credit card, you may see a pending charge as part of the authorization confirmation process. This is not a charge and is used to confirm account authenticity. The pending charge should automatically clear on its own. If you have any issues, please contact help@BodyBio.com. We are not responsible for any fees or charges that your bank or credit card issuer may apply.

The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier; provided, however, that if the carrier fails to deliver your purchased items within thirty (30) days of the specified delivery date, you may cancel and request a refund.

If you are not 100% satisfied with your purchase, you can return the product to BodyBio pursuant to our Return Policy. If you return an unopened product within sixty days of the date of receipt, we will issue you a refund. If you return an opened product within sixty days of the date of receipt of the product, we will issue a store credit that is valid for one year from the date of purchase of the returned Product. You can view our Return Policy here: https://bodybio.com/pages/returns.

If you are a consumer in the United Kingdom, you have the right to cancel your purchase without reason within 14 days of the initial purchase and request a refund for the product. You can view our UK Return Policy here: https://bodybio.co.uk/pages/returns.

To request a return in the United States and/or Canada, please contact us at: help@bodybio.com. To request a return in the United Kingdom or European Union, please contact us at: help@bodybio.co.uk. Refunds will be issued by us at our sole discretion. Any refund will be issued to the same payment method used for the relevant purchase.

GIFT CARDS

The following terms and conditions apply to your purchase and use of a BodyBio, Inc. Gift Card. By purchasing, accepting and/or using your Gift Card, you agree to be bound by these Gift Card Terms. If you do not agree with the Gift Card Terms, please do not purchase, accept or use a Gift Card. These Gift Card Terms are subject to and governed by this Agreement, and considered “Supplemental Terms” as defined herein.

BodyBio Gift Cards are issued and sold by BodyBio, Inc. Gift Cards can be purchased online at https://BodyBio.com for any value up to five hundred USD ($500), CAD (CA$500) or GBP (£500). To purchase a Gift Card, you must define an amount, the recipient and the recipient’s e-mail address. The recipient may be outside of the countries we ship to, but please note that shipping of BodyBio products is only supported within the United States, Canada, the United Kingdom and portions of the European Union at this time. If you would like to purchase a Gift Card for someone in the European Union, please contact help@bodybio.com to determine whether BodyBio is currently able to ship to that location.

When purchasing a Gift Card, you must provide your billing information at check-out. Gift Card purchases are final and non-refundable.

Purchases made with your Gift Card will be deducted from your Gift Card Balance. You can keep track of and view your unused Gift Card Balance in your BodyBio.com account balance (“Account Balance”) and such Gift Card funds can be applied to a future purchase without entering any additional payment information; provided, however, if a purchase exceeds your Gift Card Balance, you must pay the remaining amount with any payment method accepted on our Site.

Gift Cards do not decrease in value if you do not use them, and they are not subject to inactivity or maintenance fees; however, Gift Cards expire within one year of the date of purchase. The expiration date cannot be extended beyond the one-year period of time.

Gift Cards may only be used to purchase eligible goods provided by BodyBio, and may not be used towards the purchase of another Gift Card. Credits issued for loyalty, rewards, goodwill or promotional or similar purposes (“Promotional Credit”) are not Gift Cards and a Gift Card may not be purchased with Promotional Credit. Gift Cards may not be reloaded, resold, or used for payment outside of the Site or for BodyBio products at physical retail stores; used for unauthorized advertising, marketing, sweepstakes or other promotional purposes; redeemed for more than face value; transferred for value; redeemed for cash (except to the extent required by law); or returned for a cash refund (except to the extent required by law). No portion of your Account Balance may be transferred to another BodyBio.com account.

We are not responsible for any stolen Gift Card Balance or use by someone other than yourself or the intended recipient. Title to and risk of loss for Gift Cards pass to the purchaser upon sale. If you suspect someone has copied or stolen your Gift Card Balance, contact BodyBio at help@BodyBio.com immediately. BodyBio reserves the right to refuse to accept Gift Cards that are suspected or believed to have been obtained or used fraudulently.

By using a Gift Card, you also agree not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to BodyBio or its customers. Subject to applicable law, we reserve the right, without notice to you, to void Gift Cards without a refund, suspend or terminate customer accounts or the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to a BodyBio.com account (or your Account Balance applied to a purchase) fraudulently, unlawfully, or otherwise in violation of this Agreement.

TO THE FULL EXTENT PERMISSIBLE BY LAW, BODYBIO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR ACCOUNT BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

These Gift Card Terms shall be governed in all respects by the laws of the State of New Jersey, U.S.A., without regard to choice of law provisions. Any dispute related to Gift Cards shall be handled in accordance with the “Arbitration Agreement” section of this Agreement.

We reserve the right to change these Gift Card Terms without notice, from time to time at our sole discretion. All Gift Card Terms are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.

BodyBio may also issue Promotional Credit. Promotional Credit is not subject to these Gift Card Terms and may be subject to an expiration date and other conditions, as specified on the Promotional Credit or in related promotional materials.

PRODUCT REVIEWS

The Services allow registered users to post reviews, ratings and comments about Products purchased through the Site (collectively, “Reviews”), and you are solely responsible for any content, opinion, statement, recommendation or advice contained therein. Reviews posted on our Services are not endorsed by BodyBio and do not represent the views of BodyBio. You acknowledge that any opinions, statements, recommendations, ratings, advice or other information presented in any Review are those of their respective authors who are solely responsible and liable for their content. That means that you, and not BodyBio, are solely responsible and liable for any Reviews that you post. By posting a Review, you grant BodyBio a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display such Content throughout the world in any media, now known or hereafter devised; (b) make the Review available to the rest of the world and to let others do the same; (c) to provide, promote, and improve the Services and to make your Review shared on the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content of yours on other media and services, subject to our Privacy Policy and this Agreement; and (d) use the name and/or trademark that you submit in connection with such Review of yours. You acknowledge that BodyBio may choose to provide attribution of your Review at our discretion. You further grant BodyBio the right to pursue at law any person or entity that violates your or BodyBio’s rights in your Review by a breach of this Agreement. You acknowledge and agree that your Review is non-confidential and non-proprietary. You affirm, represent and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for BodyBio to publish and otherwise use) your Review as authorized herein.

BodyBio reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that BodyBio is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. BodyBio does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the product you are reviewing; (ii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iii) your review will comply with this Agreement. If BodyBio determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such Review without notice. Further, BodyBio may remove any Review that it determines, in its sole discretion: (a) Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (c) Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law; (d) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses; (e) May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (f) Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”; (g) Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including BodyBio; (h) Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers; (j) Includes or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files; (j) Is unrelated to the topic of the Reviews or products in which such Review is posted; or (k) (i) is otherwise objectionable, (ii) restricts or inhibits any other person from using or enjoying the Services, or (iii) may expose BodyBio, its users or any third party to any harm or liability of any type.

SMS MARKETING AND SUPPORT PROGRAM

By opting into receiving marketing and support text messages from us on our Website, you agree to receive recurring text notifications for your order, including, but not limited to, abandoned checkout reminders, text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. This service is optional and is not a condition for purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any text message sent from us. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. If your carrier does not permit SMS or MMS messages, you may not receive text messages. For any questions, please text HELP to the number you received the messages from. You can also contact us at help@BodyBio.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on any information sent through the service.

Please visit our Privacy Policy at www.BodyBio.com/pages/privacy-policy to determine how we collect and use your personal information.

DISCLAIMERS

WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE SITE WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SITE, OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE.

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES, INCLUDING IN CONNECTION WITH THE PRODUCTS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

NOTICE REGARDING MEDICAL OR PROFESSIONAL ADVICE

THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR TREATMENT ANY MEDICAL CONDITION OR DISEASE FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE INCLUDES, WITHOUT LIMITATION, PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. ANY AND ALL SITE MATERIALS PROVIDED ON OR THROUGH THIS SITE OR THE SERVICES ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY, AND ARE NOT CONSTRUED TO BE ADVICE OF ANY KIND. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION BEFORE RELYING ON OR OTHERWISE DECIDING TO TAKE ANY ACTION OR PURCHASE ANY PRODUCT ON THE BASIS OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE. NEVER DISREGARD PROFESSIONAL MEDICAL OR HEALTH RELATED ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION OR PRODUCTS YOU HAVE OBTAINED THROUGH THIS SITE.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH OUR PRODUCTS, THIS AGREEMENT, THE SITE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE COMPANY’S SERVICES OR THE SITE, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SITE OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (5) ANY OTHER MATTER RELATED TO THE SITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY US AS A RESULT OF YOUR USE OF THE SITE IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM, COMPANY’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY US DOLLARS ($50).

The technology underlying the Site and the entire contents of the Site including, but not limited to, text, graphics, images, trade dress, logos, audio clips, digital downloads, screen shots, framework, algorithms. data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of BodyBio, Inc. and protected by copyright and other intellectual property or proprietary rights. The collective work includes any works that are licensed to BodyBio, Inc.

TRADEMARKS

All trademarks, service marks and trade names of BodyBio, Inc. on the Site, including the BodyBio mark, are trademarks or registered trademarks of BodyBio, Inc. or their respective owners.

INDEMNIFICATION

To the fullest extent permitted under applicable law, you agree to indemnify, defend and hold harmless BodyBio, Inc., its officers, directors, employees, agents, representatives, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account, or your ability or inability to use the Site and Services, including any Products purchased thereon.

PRIVACY AND INTERNATIONAL USERS

Registration data and certain other information about you are subject to our Privacy Policy, which is available at www.BodyBio.com/pages/privacy-policy.

The Services are controlled and offered by BodyBio from its facilities in the United States. BodyBio makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

The following provision applies only if you are a consumer in the United Kingdom: A third party who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of this Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.

THIRD-PARTY LINKS AND SITES

This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of ours. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third-party site, any website accessed from a third-party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third-party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third-party site. You should contact the site administrator for the applicable third-party site if you have any concerns regarding such links or the content located on any such third-party site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO THEM.

FEEDBACK

You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights without royalties or other compensation in any form payable to you.

MISCELLANEOUS

The communications between you and BodyBio may take place via electronic means, whether you visit the Services or send BodyBio e-mails, or whether BodyBio posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from BodyBio in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that BodyBio provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Your use of the Site shall be governed in all respects by the laws of the state of New Jersey, U.S.A., without regard to its choice of law provisions. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not be applicable to you (but only to the extent that local law conflicts with this section).

This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. BodyBio may assign all or any part of the Agreement without restriction.

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, civil strife, fire, floods, accidents, government shutdowns, pandemics, epidemics, utility interruptions (including power outages, water shortages, or telecommunications disruptions), strikes or shortages or delays of transportation or shipping facilities, fuel, energy, labor or materials.

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

If any portion of this Agreement is held to be invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

You may report complaints to the New Jersey Division of Consumer Affairs, P.O. Box 45025, Newark, New Jersey 07101 or by contacting them by telephone at (973) 504-6200, or filing a complaint online at https://njconsumeraffairs.state.nj.us/file-a-complaint/. If you are a resident of Canada, you can contact your provincial consumer affairs office to lodge a complaint.

This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of BodyBio, which are not included in this Agreement, shall be binding on BodyBio or its affiliates.

ARBITRATION AGREEMENT

By utilizing BodyBio’s site and services, you agree to arbitrate any and claims against BodyBio. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.

Applicability of Arbitration Agreement. You agree that any dispute, claim or request for relief relating in any way to your access or use of the Site, to any Products sold or distributed through the Site, or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes, claims or requests that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Incorporating Services, Ltd., 3500 S Dupont Hwy, Dover, Delaware 19901, with a copy to BodyBio, Inc., 45 Reese Road, Millville, NJ 08332.

The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and administered by the AAA. The AAA Rules and fee information are available at https://www.adr.org or by calling the AAA at 1-800-778-7879.

We and you shall equally bear the cost of any arbitration filing fees and arbitration fees unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorneys’ fees and expert witness costs unless we are otherwise specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on BodyBio and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. We and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Notwithstanding the foregoing, we and you agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. We and you understand that, absent this mandatory arbitration provision, we and you would have the right to sue in court. We and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If your claim is solely for monetary relief of Ten Thousand Dollars ($10,000) or less, and does not include a request for any type of equitable remedy, You may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.

You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to us by email to help@BodyBio.com AND by U.S. Mail to BodyBio, Inc., 45 Reese Road, Millville, NJ 08332.Attn: Legal. The notice must be sent within the later of thirty (30) days of your first use of the Site or within thirty (30) days of the date we notify you of changes to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms of Service will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. If you do not effectively opt out of this Arbitration Agreement, you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Arbitration Agreement. And your use of the Site will be deemed to be your irrevocable acceptance of these Terms of Service and this Arbitration Agreement. If you opt-out of these arbitration provisions, we also will not be bound by them. and any changes/updates to this Arbitration Agreement.

3. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us and may be entered as a judgment in any court of competent jurisdiction.

4. Waiver of Jury Trial. YOU AND BODYBIO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are, instead, electing that all disputes, claims or requests shall be resolved by arbitration under this Arbitration Agreement, except as specified in 1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

5. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the Federal or state courts in and for Cumberland County in the State of New Jersey. All other disputes, claims, or requests for relief shall be arbitrated.

6. Severability. Except as provided in section 5 above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

7. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.

8. Alternatives to Arbitration. If you are a resident of a jurisdiction that prohibits arbitration agreements or class action waivers in consumer contracts and this Agreement is deemed to be a consumer contract, the portions of this Agreement related to arbitration will not apply to you. Instead, the exclusive jurisdiction and venue of any claim will be the state and federal courts located in and for Cumberland County in the State of New Jersey and each of the parties hereto waives any objection to jurisdiction and venue in such courts. If you are a resident of a jurisdiction that prohibits the application of New Jersey law in a consumer contract, this Agreement will be governed by the laws of your jurisdiction of residence and the non-exclusive venue of any claim will be in the courts of your jurisdiction of residence.

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