Scope Of Use
BODY BY JADESHIA invites you to view, use and download a single copy of this Site for your informational, personal, non-commercial use. Except as otherwise provided herein, no part of any materials, information, software, products or services included in or available through this Site may be copied, downloaded, or stored in a retrieval system, nor may the same be redistributed for any purpose, without the express written permission of BODY BY JADESHIA.
Compliance With Laws
You agree to comply with all laws, rules and regulations applicable to your use of the Site.
"BODY BY JADESHIA Marks" trademarks, service marks and other commercial symbols used in connection with BODY BY JADESHIA's or its affiliates' business. All BODY BY JADESHIA Marks are the exclusive property of BODY BY JADESHIA, its affiliates or third-party licensors. This Agreement does not authorize you to use any BODY BY JADESHIA Mark, and you agree not to use any BODY BY JADESHIA Mark in any manner without the prior written consent of BODY BY JADESHIA, which consent may be withheld in the sole discretion of BODY BY JADESHIA. Unauthorized use of any BODY BY JADESHIA Mark may be a violation of federal and state trademark laws.
This Site is protected by U.S. copyright laws and international treaties. All materials contained in the Site are the copyrighted property of BODY BY JADESHIA or its affiliates or third-party licensors. Except for your informational, personal, non-commercial use as authorized above, you may not use, modify, reproduce, distribute, transmit, republish or display the content, design or layout of the Site, or any components thereof, without the express written permission of BODY BY JADESHIA.
Links To Third Party Websites
This Site may produce automated search results or otherwise link you to other websites on the Internet. These other websites are not under the control of BODY BY JADESHIA, and you acknowledge and agree that BODY BY JADESHIA is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such websites. The inclusion of such a link does not imply endorsement of the website by BODY BY JADESHIA or any association with its operators, and BODY BY JADESHIA disclaims all liability with respect to such linked websites, including but not limited to your access to and/or use of the same.
Certain areas of this Site may enable you to post content, submit emails, or otherwise provide feedback or other information to BODY BY JADESHIA.
In the event of a pricing error on the BODY BY JADESHIA Site or social network sites, BODY BY JADESHIA reserves the right to correct, modify or change such pricing at any time and once corrected, shall be effective and apply only as corrected.
Your Provision Of Personal Information To BODY BY JADESHIA
When you provide information about yourself to BODY BY JADESHIA, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, or incomplete, or BODY BY JADESHIA has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, BODY BY JADESHIA has the right to suspend or terminate any account you establish in connection with your use of the Site and refuse any and all current or future use of the Site or any portion thereof.
User Content on The Site
You understand that all information, data, or other materials that are posted on or transmitted in connection with the Site by you or another user ("User Content") are the sole responsibility of the person from whom such User Content originated. This means that you, and not BODY BY JADESHIA, are responsible for all User Content that you upload, post, email, transmit or otherwise make available in connection with the Site. BODY BY JADESHIA does not control the User Content posted and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will BODY BY JADESHIA be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available in connection with the Site.
In connection with your use of the Site, you agree not to: upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or harms minors in any way;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted in connection with the Site;
upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the operation of the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or
collect or store personal data about other users.
Although BODY BY JADESHIA does not pre-screen User Content, BODY BY JADESHIA has the right, but not the obligation, to delete or move any User Content for any reason. Without limiting the foregoing, BODY BY JADESHIA has the right to remove any User Content that violates this Agreement.
Your Grant Of Limited License
Registration And Passwords
The Site may permit or require you to register or obtain a password prior to permitting access to certain products or services available through the Site. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password.
Disclaimer Of Warranties
THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BODY BY JADESHIA AND ITS AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL BODY BY JADESHIA OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF BODY BY JADESHIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BODY BY JADESHIA'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless BODY BY JADESHIA, its affiliates, and their respective employees, contractors, agents, officers, and directors from all liabilities, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to any User Content you submit, post, transmit or make available through the Site, your violation of this Agreement, or your violation of any third party rights.
Choice Of Law And Jurisdiction
This Agreement shall be governed by the laws of the State of Utah without regard to the conflicts of laws rules of any jurisdiction. Every dispute concerning the interpretation or effect of this Agreement and/or your use of the Site must be resolved in the state or federal courts situated in the State of Utah. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.
You acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, BODY BY JADESHIA shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If BODY BY JADESHIA seeks any equitable remedies, it shall not be precluded or prevented from seeking remedies at law, nor shall it be deemed to have made an election of remedies.
In addition to any other relief, the prevailing party in any action arising out of this Agreement shall be entitled to attorneys' fees and costs.
If any provision of this Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.
Any waiver by BODY BY JADESHIA of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. Any waiver must be in writing. Failure by BODY BY JADESHIA to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive BODY BY JADESHIA of the right to insist upon strict adherence to that term or any other term of this Agreement.
BODY BY JADESHIA reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice, for any reason or no reason, including without limitation your violation of this Agreement.
If you have any questions about this Agreement, you can contact us as follows:
You can send your request for information using our contact form.