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SECTION 1 – DISCLAIMER
Definition
“ Body Flexor” as used herein means Body Flexor, LLC.
The contents of this website are based solely on research conducted by Body Flexor, LLC (https://BodyFlexor.com) unless otherwise noted. The general information available on and through our website is presented for your information purposes only and is not intended as advice of any kind. Any such act following any information provided on our website will be at the user’s own risk and the Body Flexor, LLC’s website, the company, the owner, team members, consultants, staff, or anyone associated with the website or the Body Flexor, LLC will not be held liable to anyone for reliance on such information.
SECTION 2 - RISK DISCLAIMER
By purchasing “BODY FLEXOR STRETCHING KITS”(“products”) the user or the buyer acknowledges that the presence, uses, provision or performance of services or usage during exercise may expose the user or buyer to certain risks including all injuries, accidents falls, physical damage, property damage or any other harm could occur to the buyer, kids, pets or others in the area. There may be choking hazards related to our products, if you have children or house pets, make sure to supervise the children and pets all the time. Children especially those under 8 years and pets can choke or suffocate on the product or broken piece of the product. It will be the user's responsibility to take care of pets and children around our products. The buyer and the user of our product hereby accept any and all risks of injury (including death) arising out of or in any way connected with the activity, usage, installation, and storage of the Body Flexor products
You agree that you are using your own judgment in using the information provided on and through our website, its content, links, and services at your own risk. It shall be your own personal responsibility to discern the risks of using our website’s content, links, and services. Our website or our company (Body Flexor, LLC) will not be held accountable for the personal actions or choices that you make before, during, or after any of the activity related to our products or services. The mentioning of any product, suggestion, treatment, or recommendation should be taken at the personal risk of the user who is going to use our products without any liability on our part. You accept full liability and consequences for your use, or non-use, of any suggestion, recommendation, or treatment information provided through our website or by us through any means whatsoever. Your reliance and acceptance of any information will be upon you and you hereby absolve us of any damage or liability that may have been incurred due to your use or non-use of the information provided through our products or website.
SECTION 3 – PERSONAL RESPONSIBILITY DISCLAIMER
it would be the buyer’s responsibility to read all instructions and specifications provided with our products before using our product. Moreover, our product is not meant for kids, therefore it is advised to keep the kids and pets away from the area around our products at all times. BodyFlexor.com and Body Flexor, LLC will assume no responsibility (legal, medical, or otherwise), whether to person or property, that may result from the use of Body Flexor products.
SECTION 4 - MEDICAL DISCLAIMER
Even though our products are backed by a medical panel of professional experts including, orthopedists chiropractors, medical doctors, osteopathy doctors, physical therapists, and muscle therapists, still, we make no guarantee of any kind related to the success of any of our products, since there are lots of variables and factors in place which may impact any individual’s results and outcomes. By using and purchasing our products you accept and understand that results may differ for each individual depending on the circumstances of different factors. The success of each product depends on varying possibilities, technological factors, personal work ethics, surrounding elements, individual skillfulness, and a whole host of additional factors that we cannot control.
In addition to the above-mentioned statements, it is worth mentioning that the users of Body Flexor products are expected to have consulted their doctors or physicians before starting any activity related to our products. This is especially important for people who have any heart problems or any other pre-existing medical conditions. If anyone feels pain, dizziness, nausea, or other problems, they should stop all exercising activities and immediately consult a medical physician. BodyFlexor.com and Body Flexor, LLC assume no responsibility for personal injury or medical problems that may result during or after the usage of our products.
SECTION 5 - INACCURACIES AND MISTAKES DISCLAIMER
The information on our website and products’ descriptions, e-mails, programs, services, and documents has been made available and published after thorough research, however, this information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced in our website, products’ descriptions, blog, e-mails, programs, and services. Scientific research is always changing and improving; therefore, we cannot predict the future and cannot be held liable for the inaccuracy that may happen in the future due to some advanced research. Every state has a different set of rules and regulations and these rules and regulations have different effects on each individual, entity, or company. As a result, it is recommended to do your own research before purchasing anything or committing to any plan or idea.
SECTION 6 - THIRD-PARTY LINKS
References or links in our website, videos, and services to any other individual’s, business, or entity’s information, opinions, advice, programs, products or services do not constitute our formal endorsement unless we have expressly stated that. We are merely sharing information for your own self-help. We are not responsible for the website content, blogs, e-mails, videos, social media, programs, products, and/or services of any off-site web pages, companies or persons linked or referenced in our website, videos, and services.
SECTION 7 - WAIVER OF LIABILITY
The buyer of Body Flexor products and other users of our website hereby waives, releases, and forever discharges any and all claims for direct, indirect, consequential, incidental, contractual, compensatory, tort-based, punitive, or any other damages or any sort arising from any cause or basis whatsoever including but not limited to personal injury, death, or property damage which the buyer or buyer’s heirs, next of kin, executors, assigns, parents, personal representatives, or estate may have or which may hereafter accrue as a result of participation in any activity related to any of our products.
SECTION 8 - RELEASE OF CLAIMS
The buyer to the fullest extent permitted by law, shall indemnify, defend, hold harmless, protect and defend the owner, manufacturer, seller, distributor, affiliate, or anyone associated with BodyFlexor.com and Body Flexor, LLC from and against any and all liabilities, claims, damages, losses, demands, lawsuits, costs, and expenses, including attorney fees, arising out of or resulting from any cause of action for any reason whatsoever including but not limited to the negligence or misconduct in connection with participation in any activity related to installation, removal or usage of our products. If any such legal claim, demand, or lawsuit arise or be asserted in any way whatsoever related thereto, whether arising under the laws of the United States, any other country, or under any theory of law or equity, the buyer will indemnify, hold harmless and defend the owner, manufacturer, seller, distributor, affiliate or anyone associated with Body Flexor, LLC from any and all costs, expenses, or liability including but not limited to the cost of any settlement or judgment made or rendered against the owner, manufacturer, seller, distributor, affiliate or anyone associated with our products.
SECTION 9– AMENDMENTS
We reserve the right to change this disclaimer any time based on any new information. We also have the right to delete any existing policy, rule, or terms given in this disclaimer or on our website. Your continued use of our website and our services will imply your acceptance of any new changes or updates in this disclaimer or on our website.
1. BUYER ACCEPTANCE
The following disclaimer states the terms between “Body Flexor, LLC” and you as a buyer, customer, and a purchaser. The information is presented "As is" for your information purposes only and should not be taken and relied on as any legal, medical, or financial advice. By using this products, you hereby signify that you have read this disclaimer and warning carefully and that you understand and agree to abide by the terms and conditions herein. You agree that you are solely responsible for your own conduct while using this products, and for any consequences thereof. You agree to use this products only for purposes that are proper and in accordance with all applicable laws, rules, and regulations, and all terms, precautions, practices, policies, and guidelines Body Flexor, LLC has made and may make available. Your continued use of the products will signify your acceptance of all our terms and rules. If you disagree with any or all of our terms please discontinue the use of our products.
Definition
“ Body Flexor” as used herein means Body Flexor, LLC.
2. HIGH-RISK ACTIVITY
The buyer and the user of Body Flexor products hereby accept any and all risks of injury arising out of or in any way connected with the activity, installation, removal, or usage of the Body Flexor products. It would be the buyer’s responsibility to read all instructions in the user manual and accompany literature with our products before using it. It is further notified that our products are not meant for children, therefore it is advised to keep the children and pets away from the area around the Body Flexor products at all times. To avoid the danger of suffocation of packing material and plastics, keep plastic bags away from babies, children, and pets. Do not use the plastic bags in cribs, beds, carriages, or playpens. The plastic bags used for packaging are not toys. Body Flexor, LLC and anyone associated with our products will assume no responsibility (legal, medical, or otherwise), whether, to person or property, that may result from the use of Body Flexor products. Make sure to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. This is especially important for people who have any heart problems or any other pre-existing medical conditions.
3. ASSUMPTION OF RISK
By using Body Flexor products, you are agreeing that you as a user of our products will make decisions based on your own judgment and at your own risk. It shall be your personal responsibility to discern the risks related to our products. There may be sometimes unknown individual risks and circumstances that can arise during the use of health-related matters when using a different product that can’t be assessed which can influence the results for better or worse. The team of Body Flexor, LLC, owners, affiliates, agents, sellers, or anyone related to the company or brand will not be responsible in any way for your personal choices and actions.
4. FITNESS INSTRUCTOR'S OBLIGATIONS
If our products are being used on the advice or instructions of a fitness instructor, physician, physiotherapist or health professional then apart from our existing terms of sale and conditions, other conditions will apply to you as a buyer and user of Body Flexor products as well. We will not be held responsible for any fitness, coaching, or exercising advice of any instructor, fitness coach, physiotherapist, physician, wellness instructor or health professional. Any such liability resulting from our products will pass on to the fitness instructor, physician, physiotherapist, or health professional.
5. LIMITATION OF LIABILITY
The liability of Body Flexor, LLC, related to Body Flexor products shall not exceed the total value of the products. If the issues found in the products are repairable then the liability will be further limited to such repairs. To the maximum extent permitted by the liability Body Flexor, LLC, team and staff members, associates, agents, and employees shall not be liable for any special or consequential damages that may result from the usage of Body Flexor products.
6. WAIVER OF LIABILITY
You as the buyer and user of Body Flexor products hereby waives, releases, and forever discharges any and all claims for direct, indirect, consequential, incidental, contractual, compensatory, tort-based, punitive, or any other damages or any sort arising from any cause or basis whatsoever including but not limited to personal injury, death, or property damage which the buyer or buyer’s heirs, next of kin, executors, assigns, parents, personal representatives, or estate may have or which may hereafter accrue against Body Flexor, LLC, team and staff members, associates and employees as a result of participation in any activity related to Body Flexor products.
7. PRODUCT INSPECTION ON DELIVERY
It would be the buyer’s responsibility to inspect the products when it is delivered to make sure that it’s in working order and not damaged during the shipping process. In case it is damaged, immediately claim the product for replacement. We will not be responsible for any injury caused by damaged products.
8. GENERAL DISCLAIMER
The information provided in the products' descriptions, prices, accompanying photographs, warning statements, and other documentation may contain typographical and grammatical errors. Please note that any such errors will be completely unintentional and cannot be made as to the basis of any legal proceeding against Body Flexor, LLC. In case if any order has been placed due to typographical or, we reserve the right to reject any such order without providing any reason.
9. APPLICABLE LAW AND RESOLUTION OF DISPUTES
To ensure the timely and economical resolution of disputes that arise in connection under these Terms and Conditions. Body Flexor, LLC, agrees that any and all disputes, claims, or causes of action arising from or relating to the enforcement, breach, performance, or interpretation of Body Flexor products shall be resolved to the fullest extent permitted by law by final, binding, and confidential arbitration, by a single arbitrator, in the State of Oklahoma. By agreeing to this arbitration procedure, the users and buyers waive the right to resolve any such dispute through a trial by jury or judge, or administrative proceeding. In this process the arbitrator shall; (i) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (ii) issue a written arbitration decision, to include the arbitrator’s essential findings and conclusions and a statement of the award. The arbitrator shall be authorized to award any or all remedies that both parties would be entitled to seek in a court of law. The cost of arbitration will be shared by both parties. Please note that in a matter of intellectual property dispute Body Flexor, LLC has the right to resolve any issue by court’s action instead of arbitration.
10. GOVERNING LAW, JURISDICTION, AND VENUE
Any cause of action by you with respect to the Body Flexor products must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations outlined in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use or our products, excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per the American Arbitration Association commercial arbitration rules. The arbitration shall be conducted in the State of Oklahoma. Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
