28 Day Body Transformation Online Course Terms and Conditions

Last Revised: March 3, 2023

WARNING – Seizures 

 

Due to the nature of how web sites are programmed and displayed, certain elements on the website may cause some users to experience seizures or loss of awareness or other symptoms linked to an epileptic condition, even if they have never experienced anything like this before. 

 

Anyone who has experienced such symptoms, or may be sensitive to such conditions, whether they are aware of such sensitivity or not, should consult a doctor before using this website.  28 Day Body Transformation (E1U Life Product & Service) shall not be liable for any health consequences as a result of your use of the Site(s) or Service(s). Acceptance of these terms and conditions shall be construed as an assumption of the risk and an agreement to hold 28 Day Body Transformation (E1U Life Product & Service) harmless of any liability issues that arise from seizures or anything related.

1. Introduction

1.1. Services

The services provided by 28 Day Body Transformation (E1U Life Product & Service) allow subscribers to develop an online marketing presence by providing various products including, but not limited to, landing page templates, email marketing templates, multi-page funnel design, opt-in page templates, social media marketing products, and other products as developed, added or deleted from time to time.

1.2. Legal Agreement

These 28 Day Body Transformation (E1U Life Product & Service).com Terms of Use (“Terms and Conditions” or “Terms of Use”), together with any additional documents which specifically relate to other services and features as represented on the 28 Day Body Transformation (E1U Life Product & Service).com website(s) (“28 Day Body Transformation (E1U Life Product & Service) Website”, and collectively – the “28 Day Body Transformation (E1U Life Product & Service) Terms”), collectively establish the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the 28 Day Body Transformation (E1U Life Product & Service) Website, and/or any other subsequent services, applications and features offered by Us.

 

It is important that you understand the 28 Day Body Transformation (E1U Life Product & Service) Terms of Use and other related agreements constitute a binding and enforceable legal contract between 28 Day Body Transformation (E1U Life Product & Service).com Ltd. and its affiliated companies and subsidiaries worldwide (“28 Day Body Transformation (E1U Life Product & Service)”, “us” or “we”) and you in relation to the use of any 28 Day Body Transformation (E1U Life Product & Service) Services.  It is your sole responsibility to fully understand the terms and associated responsibilities and obligations as set forth below.  You are advised to seek legal counsel, at your own expense, if you are unclear of any terms or obligations assumed by your use of our Services.

 

eYour use of 28 Day Body Transformation (E1U Life Product & Service) Services presumes that you fully agree to the 28 Day Body Transformation (E1U Life Product & Service) Terms - and by using and/or registering to any of the 28 Day Body Transformation (E1U Life Product & Service) Services, you signify and affirm your informed consent to these Terms of Use and any other 28 Day Body Transformation (E1U Life Product & Service) Terms applicable to your use of any 28 Day Body Transformation (E1U Life Product & Service) Services. If you do not read this Agreement in its entirety, or fully understand and agree to the 28 Day Body Transformation (E1U Life Product & Service) Terms, you must immediately leave the 28 Day Body Transformation (E1U Life Product & Service) Website and avoid or discontinue all use of the 28 Day Body Transformation (E1U Life Product & Service) Services.

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By using our Services, you acknowledge that you have read our Privacy Policy available at https://28 Day Body Transformation (E1U Life Product & Service).com/privacy/ (“Privacy Policy”).

1.3. Creating a Registered User Account

To access and use certain features of the 28 Day Body Transformation (E1U Life Product & Service) Services, you must first register and create an account with 28 Day Body Transformation (E1U Life Product & Service) (“User Account”).  As part of creating a user account you will be responsible for creating a unique username and secure password.  The username may not contain the 28 Day Body Transformation (E1U Life Product & Service) name, semblance or in any fashion mislead any person using reasonable logic that the account is directly associated with 28 Day Body Transformation (E1U Life Product & Service) or its subsidiaries.  Your username must also not contain any offensive or derogatory words.  It is the sole discretion of 28 Day Body Transformation (E1U Life Product & Service) to determine the appropriateness of any username and we reserve the right to suspend or cancel any accounts in which we feel the username is not appropriate.

 

It is your sole responsibility to always secure your user account and password.  Accessing your account using an unsecure or public network, including, but not limited to free or public WiFi connections is strictly forbidden as such networks do not provide adequate security and are often compromised.  

If anyone other than yourself accesses your User Account and/or any of your settings, they may perform the same actions available to you and all such activities will be deemed to have occurred on your behalf and in your name.

 

You are strongly encouraged to keep your log-in credentials confidential, and limit 3rd party access as much as possible and are personally liability issue arises from your credentials or any 3rd party access.  YOU ARE FULLY LIABLE AND RESPONSIBLE FOR ANY CHANGES AND ACTIONS PERFORMED ON YOUR ACCOUNT, whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

 

You must provide accurate and complete information when registering your User Account and using the 28 Day Body Transformation (E1U Life Product & Service) Services, to which you are the sole and exclusive rights holder. You are fully responsible for any misrepresentations associated with your Account. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content submitted to us. 

 

2. Your Obligations

2.1. You represent and warrant that:

  1. You are at least thirteen (18) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the 28 Day Body Transformation (E1U Life Product & Service) Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the 28 Day Body Transformation (E1U Life Product & Service) Terms;
  2. You are not a resident of (or will use the 28 Day Body Transformation (E1U Life Product & Service) Services in) a country that the U.S. government has embargoed for use of the 28 Day Body Transformation (E1U Life Product & Service) Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
  3. You confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by 28 Day Body Transformation (E1U Life Product & Service) Services for you, to your User Account (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
  4. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for 28 Day Body Transformation (E1U Life Product & Service) and/or your End Users to access, import, copy, upload, use or possess in connection with the 28 Day Body Transformation (E1U Life Product & Service) Services;
  5. You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

2.2. You undertake and agree to:

  1. fully comply with all applicable laws and any other contractual terms which govern your use of the 28 Day Body Transformation (E1U Life Product & Service) Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
  2. be solely responsible and liable with respect to any of the uses of the 28 Day Body Transformation (E1U Life Product & Service) Services which occur under your User Account and for any of your content (including for any consequences of accessing, importing, uploading, copying, using or publishing such content on or with respect to the 28 Day Body Transformation (E1U Life Product & Service) Services);
  3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;

2.3. You agree and undertake not to:

  1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the 28 Day Body Transformation (E1U Life Product & Service) Website, the 28 Day Body Transformation (E1U Life Product & Service) Services (or any part thereof), any Content offered by 28 Day Body Transformation (E1U Life Product & Service) or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without 28 Day Body Transformation (E1U Life Product & Service)’s prior written and specific consent and/or as expressly permitted under the 28 Day Body Transformation (E1U Life Product & Service) Terms;
  2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of 28 Day Body Transformation (E1U Life Product & Service) or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
  3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
  4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;  
  5. upload, insert, collect or otherwise make available  within the 28 Day Body Transformation (E1U Life Product & Service) Website or the Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
  6. publish and/or make any use of the 28 Day Body Transformation (E1U Life Product & Service) Services or Licensed Content on any website, media, network or system other than those provided by 28 Day Body Transformation (E1U Life Product & Service), and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the 28 Day Body Transformation (E1U Life Product & Service) Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by 28 Day Body Transformation (E1U Life Product & Service), in advance and in writing;
  7. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the 28 Day Body Transformation (E1U Life Product & Service) Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the 28 Day Body Transformation (E1U Life Product & Service) Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the 28 Day Body Transformation (E1U Life Product & Service) Services;
  8. act in a manner which might be perceived as damaging to 28 Day Body Transformation (E1U Life Product & Service)’s reputation and goodwill or which may bring into disrepute or harm;
  9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use 28 Day Body Transformation (E1U Life Product & Service) or 28 Day Body Transformation (E1U Life Product & Service) Marks and/or variations and misspellings thereof;
  10. impersonate any person or entity or provide false information on the 28 Day Body Transformation (E1U Life Product & Service) Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to 28 Day Body Transformation (E1U Life Product & Service) and/or any End Users;
  11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that 28 Day Body Transformation (E1U Life Product & Service) or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
  12. reverse look-up, trace, or seek to trace another User of 28 Day Body Transformation (E1U Life Product & Service) Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the 28 Day Body Transformation (E1U Life Product & Service) Services and/or User Platform without their express and informed consent;
  13. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the 28 Day Body Transformation (E1U Life Product & Service) Services, User Platform, the account of another User(s), or any other systems or networks connected to the 28 Day Body Transformation (E1U Life Product & Service) Services, by hacking, password mining, or other illegitimate or prohibited means;
  14. probe, scan, or test the vulnerability of the 28 Day Body Transformation (E1U Life Product & Service) Services or any network connected to the 28 Day Body Transformation (E1U Life Product & Service) Services;
  15. upload to the 28 Day Body Transformation (E1U Life Product & Service) Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the 28 Day Body Transformation (E1U Life Product & Service) Services or 28 Day Body Transformation (E1U Life Product & Service)’s systems or networks connected to the 28 Day Body Transformation (E1U Life Product & Service) Services, or otherwise interfere with or disrupt the operation of any of the 28 Day Body Transformation (E1U Life Product & Service) Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  17. use the 28 Day Body Transformation (E1U Life Product & Service) Services for the creation and operation of websites whose main purpose (directly or indirectly) is video streaming;
  18. access to 28 Day Body Transformation (E1U Life Product & Service) Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
  19. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or 28 Day Body Transformation (E1U Life Product & Service) Services, except as expressly permitted by the 28 Day Body Transformation (E1U Life Product & Service) Terms;
  20. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the 28 Day Body Transformation (E1U Life Product & Service) Services and/or Licensed Content; or
  21. violate, attempt to violate, or otherwise fail to comply with any of the 28 Day Body Transformation (E1U Life Product & Service) Terms or any laws or requirements applicable to your use of the Services.
  22. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

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You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

3. Intellectual Property

All rights, title and interest in and to the 28 Day Body Transformation (E1U Life Product & Service) Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the 28 Day Body Transformation (E1U Life Product & Service) Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to 28 Day Body Transformation (E1U Life Product & Service).

 

Subject to your full compliance with the 28 Day Body Transformation (E1U Life Product & Service) Terms and timely payment of all applicable Fees, 28 Day Body Transformation (E1U Life Product & Service) hereby grants you, upon creating your User Account and for as long as 28 Day Body Transformation (E1U Life Product & Service) wishes to provide you with the 28 Day Body Transformation (E1U Life Product & Service) Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the 28 Day Body Transformation (E1U Life Product & Service) Services and Licensed Content, for the purpose of generating and displaying your User Content to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the 28 Day Body Transformation (E1U Life Product & Service) Terms, and solely within the 28 Day Body Transformation (E1U Life Product & Service) Services.

 

The 28 Day Body Transformation (E1U Life Product & Service) Terms do not convey any right or interest in or to Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the 28 Day Body Transformation (E1U Life Product & Service) Terms constitutes an assignment or waiver of Intellectual Property rights under any law.

4. Privacy

Certain parts of the 28 Day Body Transformation (E1U Life Product & Service) Services require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the 28 Day Body Transformation (E1U Life Product & Service) Services, 28 Day Body Transformation (E1U Life Product & Service) and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the 28 Day Body Transformation (E1U Life Product & Service) Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third-Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

5. Service Fees

5.1. Paid Services

The use of certain 28 Day Body Transformation (E1U Life Product & Service) Services may be subject to payment of particular fees, as determined by 28 Day Body Transformation (E1U Life Product & Service) in its sole discretion (“Paid Services” and “Fee(s)”, respectively). 28 Day Body Transformation (E1U Life Product & Service) will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

 

28 Day Body Transformation (E1U Life Product & Service) reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, 28 Day Body Transformation (E1U Life Product & Service) shall have the right to automatically and without notice renew your subscription to such 28 Day Body Transformation (E1U Life Product & Service) Service(s) at the full applicable Fee.

 

All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by 28 Day Body Transformation (E1U Life Product & Service). To the extent permitted by law (and unless specified otherwise by 28 Day Body Transformation (E1U Life Product & Service) in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the 28 Day Body Transformation (E1U Life Product & Service) Services, or to any payments or purchases made by you. If 28 Day Body Transformation (E1U Life Product & Service) is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). 28 Day Body Transformation (E1U Life Product & Service) is not responsible for any such additional fees or costs.

 

5.2. Refund Policy

Customers are eligible for a refund within 30 days of purchase of E1U Products & Services that are subject to a fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such the 28 Day Body Transformation E1U Products & Services (the “Refund” and “Refund Period”).  If a transaction was made fraudulently without your knowledge creating a charge on your credit card, you will receive an immediate reversal of that transaction to ensure a proper refund as 28 Day Body Transformation (E1U Life Product & Service) has zero tolerance for fraudulent transactions.

The Refund is applicable only to the initial purchase of E1U products & services by purchasing a Premium Plan (as offered on the 28 Day Body Transformation (E1U Life Product & Service) Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of E1U Products & Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If 28 Day Body Transformation (E1U Life Product & Service) receives such notice within such Refund Period, 28 Day Body Transformation (E1U Life Product & Service) will refund to you the amount 28 Day Body Transformation (E1U Life Product & Service) charged you for such E1U Products & Services, in currency you were originally charged in, and cancel them accordingly.

Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. 28 Day Body Transformation (E1U Life Product & Service) will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any E1U Products & Services actually received, as permitted by law.

6. Cancellation

6.1. Cancellation by 28 Day Body Transformation (E1U Life Product & Service)

Failure to comply with any of the 28 Day Body Transformation (E1U Life Product & Service) Terms and/or to pay any due Fee shall entitle 28 Day Body Transformation (E1U Life Product & Service) to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related 28 Day Body Transformation (E1U Life Product & Service) Services (e.g., Paid Services) or Third Party Services to you. 

6.2. Loss of Data, Content and Capacity

If your User Account or any 28 Day Body Transformation (E1U Life Product & Service) Services or Third Party Services related to your User Accounts are canceled (whether at your request or at 28 Day Body Transformation (E1U Life Product & Service)’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). 28 Day Body Transformation (E1U Life Product & Service) shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any 28 Day Body Transformation (E1U Life Product & Service) Services following their cancellation, as determined by 28 Day Body Transformation (E1U Life Product & Service) in its sole discretion.

7. Disclaimer of Warranties

We provide the 28 Day Body Transformation (E1U Life Product & Service) Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. In other words, an acceptance of these terms and conditions constitutes an agreement that no express or implied warranties arise our of your use of 28 Day Body Transformation (E1U Life Product & Service) . We specifically do not represent or warrant that the 28 Day Body Transformation (E1U Life Product & Service) Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the 28 Day Body Transformation (E1U Life Product & Service) Services – so please be sure to verify those before using or otherwise engaging them.

 

28 Day Body Transformation (E1U Life Product & Service) may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

 

Notwithstanding anything to the contrary in the foregoing, in no circumstances may 28 Day Body Transformation (E1U Life Product & Service) be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the 28 Day Body Transformation (E1U Life Product & Service) Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, 28 Day Body Transformation (E1U Life Product & Service) shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

 

You acknowledge that there are risks in using the 28 Day Body Transformation (E1U Life Product & Service) Services and/or connecting and/or dealing with any Third-Party Services through or in connection with 28 Day Body Transformation (E1U Life Product & Service) Services, and that 28 Day Body Transformation (E1U Life Product & Service) cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

 

28 Day Body Transformation (E1U Life Product & Service) does not recommend the use of the 28 Day Body Transformation (E1U Life Product & Service) Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

 

8. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, 28 Day Body Transformation (E1U Life Product & Service), its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the 28 Day Body Transformation (E1U Life Product & Service) Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the 28 Day Body Transformation (E1U Life Product & Service) Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the 28 Day Body Transformation (E1U Life Product & Service) Services; (6) events beyond the reasonable control of 28 Day Body Transformation (E1U Life Product & Service), including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of 28 Day Body Transformation (E1U Life Product & Service) Services. Further, you agree to indemnify and hold harmless 28 Day Body Transformation (E1U Life Product & Service) for any liability issues that arise from your personal use. 

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for 28 Day Body Transformation (E1U Life Product & Service)’s services to you, and such limitations will apply even if 28 Day Body Transformation (E1U Life Product & Service) has been advised of the possibility of such liabilities.

9. Indemnity

You agree to defend, indemnify and hold harmless 28 Day Body Transformation (E1U Life Product & Service), its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other 28 Day Body Transformation (E1U Life Product & Service) Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the 28 Day Body Transformation (E1U Life Product & Service) Services, including, without limitation, 28 Day Body Transformation (E1U Life Product & Service) Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

10. Governing Law & Jurisdiction

The 28 Day Body Transformation (E1U Life Product & Service) Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the 28 Day Body Transformation (E1U Life Product & Service) Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the 28 Day Body Transformation (E1U Life Product & Service) Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Florida , without respect to its conflict of laws principles.

 

Subject to any applicable law, all disputes between you and 28 Day Body Transformation (E1U Life Product & Service) shall only be resolved on an individual basis and you shall not have the right to bring any claim against 28 Day Body Transformation (E1U Life Product & Service) as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).   

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Notwithstanding anything to the contrary in this Section 15.2, the legal jurisdiction governing all aspects between you and 28 Day Body Transformation (E1U Life Product & Service) will be the determined according to the appropriate jurisdiction, without respect to its conflict of laws principles, and any and all claims and disputes related to your relationship with 28 Day Body Transformation (E1U Life Product & Service) shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in the appropriate jurisdiction.

11. Notices

We may provide you with notices in any of the following methods: (1) via the 28 Day Body Transformation (E1U Life Product & Service) Services, including by a banner or pop-up within the 28 Day Body Transformation (E1U Life Product & Service) Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. 28 Day Body Transformation (E1U Life Product & Service)’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

12. Relationship

The 28 Day Body Transformation (E1U Life Product & Service) Terms, and your use of the 28 Day Body Transformation (E1U Life Product & Service) Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between 28 Day Body Transformation (E1U Life Product & Service) and you.

13. Entire Agreement

These Terms of Use, together with the 28 Day Body Transformation (E1U Life Product & Service) Terms and any other legal or fee notices provided to you by 28 Day Body Transformation (E1U Life Product & Service), shall constitute the entire agreement between you and 28 Day Body Transformation (E1U Life Product & Service) concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between 28 Day Body Transformation (E1U Life Product & Service) and you, including those made by or between any of our respective representatives, with respect to any of the 28 Day Body Transformation (E1U Life Product & Service) Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of 28 Day Body Transformation (E1U Life Product & Service) in entering into any of the 28 Day Body Transformation (E1U Life Product & Service) Terms.

14. Assignment

28 Day Body Transformation (E1U Life Product & Service) may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the 28 Day Body Transformation (E1U Life Product & Service) Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of 28 Day Body Transformation (E1U Life Product & Service). Any attempted or actual assignment thereof without 28 Day Body Transformation (E1U Life Product & Service)’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎15.6 shall not in itself grant either 28 Day Body Transformation (E1U Life Product & Service) or you the right to cancel any 28 Day Body Transformation (E1U Life Product & Service) Services or Third Party Services then in effect.

15. Severability & Waivers

If any provision of the 28 Day Body Transformation (E1U Life Product & Service) Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the 28 Day Body Transformation (E1U Life Product & Service) Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

16. Interpretation

Any heading, caption or section title contained herein, and any explanation or summary under the right “#ItsThatEasy” column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

17. General

17.1. Changes & Updates

28 Day Body Transformation (E1U Life Product & Service) reserves the right to change, suspend or terminate any of the 28 Day Body Transformation (E1U Life Product & Service) Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the 28 Day Body Transformation (E1U Life Product & Service) Services (including removal of any materials created by you in connection with the 28 Day Body Transformation (E1U Life Product & Service) Services) for any reason and/or change any of the 28 Day Body Transformation (E1U Life Product & Service) Terms with or without prior notice - at any time and in any manner.

You agree that 28 Day Body Transformation (E1U Life Product & Service) will not be liable to you or to any third party for any modification, suspension or discontinuance of those 28 Day Body Transformation (E1U Life Product & Service) Services.

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current 28 Day Body Transformation (E1U Life Product & Service) Services without enabling such changes, or provide you with alternative Services.

 

These Terms of Use were written in English, and translated into other languages for your convenience. You may access and view other language versions by changing your 28 Day Body Transformation (E1U Life Product & Service) Website language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.

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