Web Site Terms and Conditions of Use
Body Dynamics, LLC
(DBA: HairAnalysisReport.com)
The following terms and conditions (the “Terms and Conditions”) govern your use of this web site, and any content made available from or through this web site, including any domains or subdomains thereof (the “Web Site”).
The Web Site HairAnalysisReport.com is made available by Body Dynamics, LLC (“HairAnalysisReport.com” , “Body Dynamics, LLC”, “we” or “us”). We may change the Terms and Conditions at any time without notice to you by posting such changes on the Web Site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.
1. MEDICAL ADVICE DISCLAIMER:
THE CONTENT OF THE WEB SITE, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE, INFER OR IMPLY PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS.
2. Indemnification:
You agree to defend, indemnify and hold HairAnalysisReport.com (Body Dynamics, LLC) and its affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Web Site.
3. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
Orders for Products and Services. If you order any products or services, you hereby represent and warrant that you are 18 years old or older and not a resident of New York. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to HairAnalysisReport.com (Body Dynamics, LLC). If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
4. DISCLAIMER OF WARRANTIES:
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL PRODUCTS, SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESSED AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, HAIRANALYSISREPORT.COM (BODY DYNAMICS, LLC) MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH HAIRANALYSISREPORT.COM (BODY DYNAMICS, LLC) OR ITS AGENTS.
5. REFUNDS:
100% REFUNDS ON UNUSED LAB SERVICES AND/OR UNOPENED PRODUCTS WITHIN SIX MONTHS OF PURCHASE MINUS ANY SHIPPING CHARGES INVOLVED.
6. LIMITATION OF LIABILITY:
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL HAIRANALYSISREPORT.COM (BODY DYNAMICS, LLC), OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO HAIRANALYSISREPORT.COM (BODY DYNAMICS, LLC) FOR YOUR USE OF THE WEB SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE.
7. APPLICABLE LAWS:
We control and operate the Web Site from our offices in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
8. INFORMED CONSENT:
By using this site, you agree and consent to the policies and information as outlined in the Disclaimer, Privacy, and Terms and Conditions.
9. MISCELLANEOUS:
The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of Nevada, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Nevada, County of Clark, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Clark County in the State of Nevada. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.