One Body Inc., its owners, employees and associates (collectively “One Body”), provide products, services and/or programs (collectively the “Programs”) to you subject to the following conditions. If you purchase from us or visit our website, onebodyinc.com, you accept the terms and conditions set forth in this Conditions of Use, including without limitation the terms and conditions set forth in our Privacy Policy and our Disclaimer and Limitation of Liability, which are expressly incorporated herein. Please read them carefully.
Privacy
Please review our Privacy Policy, which contains terms and conditions that govern your visit to our website and the collection of your personal information, to understand our practices.
Disclaimer
Please review our Disclaimer and Limitation of Liability, which contains terms and conditions that govern your visit to our websites and/or the use of any materials or products we may provide to you.
Electronic Communications
When you contact One Body and/or visit onebodyinc.com, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio recordings, digital downloads, data compilations and software, is the property of One Body and its content suppliers and protected by international copyright laws.
Trade Marks
One Body’s trademarks and trade dress may not be used in connection with any product or service that are not One Body’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits One Body. All other trademarks not owned by One Body 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 One Body.
License and Site Access
One Body is the owner of the website onebodyinc.com, and grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of One Body. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of One Body. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of One Body without the express written consent of One Body. You may not use any meta tags or any other “hidden text” utilizing One Body’s name or trademarks without the express written consent of One Body. Any unauthorized use terminates the permission or license granted by One Body. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page to visit onebodyinc.com so long as the link does not portray One Body or its Programs, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark as part of the link without the express written permission of One Body.
Reviews, Comments, Emails, and Other Content
Visitors may post reviews, comments and other content, and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content that is not yours. One Body reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant One Body a nonexclusive, 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 throughout the world in any media. You grant One Body and its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify One Body for all claims and losses, including attorneys’ fees, incurred by One Body resulting from content you supply. One Body has the right but not the obligation to monitor and edit or remove any activity or content. One Body takes no responsibility and assumes no liability for any content posted by you or any third party.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ANY PRODUCTS OR SERVICES PROVIDED BY ONE BODY ARE PROVIDED BY ONE BODY ON AN “AS IS” AND “AS AVAILABLE” BASIS. ONE BODY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ONE BODY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ONE BODY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ONE BODY ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ONE BODY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Applicable Law
By visiting onebodyinc.com, you agree that the laws of the state of Indiana, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and One Body.
Disputes
Any dispute relating in any way to your visit to onebodyinc.com or from products you purchase or receive through One Body shall be submitted to confidential mediation in the state of Indiana, United States, except that, to the extent you have in any manner violated or threatened to violate their intellectual property rights, One Body may seek injunctive or other appropriate relief in any state or federal court in the state of Indiana, United States, and you consent to exclusive jurisdiction and venue in such courts.
In the event that the dispute is not resolved through mediation, as set forth above, all claims or controversies between the parties related to this Agreement, which are not otherwise settled by agreement of parties, will be submitted to and decided by arbitration held in Indianapolis, Indiana in accordance with the rules of the American Arbitration Association. All claims or controversies submitted to arbitration shall be brought on an individual basis and shall not be consolidated with the claims of any other party. The arbitrator will have the authority to award any remedy or relief that a court in Indiana could order or grant, including without limitation specific performance, issuance of an injunction, or imposition of sanctions for abuse or frustration of the arbitration process. Costs of the arbitration will be paid by the unsuccessful party to the arbitration. The parties agree that anything communicated, exchanged, said, done, or occurring in the course of arbitration, including any private caucus between the arbitrator and any party before or after any joint arbitration session, will be kept confidential.
Site Policies, Modification, and Severability
Please review our other policies posted on this site. These policies also govern your visit to onebodyinc.com. One Body reserves the right to make changes to the site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Questions
Questions regarding our Conditions of Use, Privacy Policy, Disclaimer or Purchase Agreement can be sent by email to: info@onebodyinc.com.