INBODY UNIVERSITY TERMS OF SERVICE 

 

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OVERVIEW 

 

InBody University is operated by Biospace, Inc. Throughout InBody University, the terms “we”, “us”, “our”, and InBody refer to Biospace, Inc. and its sister and parent companies. InBody offers InBody University, including all information, tools and Services (defined below) available from InBody University to you, the user, on your acceptance of all terms, conditions, policies and notices stated herein. 

 

By visiting InBody University, you engage in our “Service(s)” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all InBody University users, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. 

 

Please read these Terms carefully before accessing or using our Services. By accessing our Services or using any part of InBody University, you agree to be bound by these Terms of Service.  

 

Any new features or tools which are added to the current version of InBody University are also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the InBody University notice board. It is your responsibility to check the notice board periodically for changes. Your continued use of or access to InBody University following the posting of any changes constitutes your acceptance of those changes. 

 

 

 

SECTION 1 - WEBSITE TERMS 

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. 

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

 

You must not transmit any worms or viruses or any code of a destructive nature. 

 

A breach or violation of any of the Terms will result in an immediate termination of your access to the Services. 

 

SECTION 2 - GENERAL CONDITIONS 

 

We reserve the right to refuse service to anyone for any reason at any time. 

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the InBody University through which the Service is provided, without express written permission by us. 

 

 

SECTION 3 - PRODUCTS OR SERVICES 

 

Certain products or Services may be available exclusively online through InBody University. These products or Services may have limited quantities.  All sales are final. 

 

Prices for our products and services are subject to change without notice. We reserve the right to modify or discontinue the Services (or any part or content thereof) without notice at any time. 

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time, and we will not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service. Any offer for any product or service made on this site is void where prohibited. 

 

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

 

SECTION 4 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

 

SECTION 5 - THIRD-PARTY LINKS 

 

Certain content, products and Services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or sites, or for any other materials, products, or services of third parties. 

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please review carefully the third-party's policies and practices and make sure you understand them before you transact. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

 

SECTION 6 - USER COMMENTS, FEEDBACK, GRANT, AND CONDITIONS 

 

If you choose to provide feedback including any ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our Services, site, proposed services, documentation or business (“Feedback”), we will own and may use such Feedback without any restrictions and obligations to you, and you hereby waive any claim you have to ownership, compensation, monetary or otherwise. 

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related InBody University. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

 

SECTION 7 - PERSONAL INFORMATION 

 

Your submission of personal information through InBody University is governed by its Privacy Policy. To view the InBody University Privacy Policy, please see [LINK TO PRIVACY POLICY] 

 

SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS 

 

Occasionally there may be information on InBody University that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information contained within InBody University is inaccurate at any time without prior notice (including after you have submitted your order). 

 

We undertake no obligation to update, amend or clarify information contained in InBody University, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to InBody University should be taken to indicate that all information contained within InBody University has been modified or updated. 

 

SECTION 9 - PROHIBITED USES 

 

In addition to other prohibitions as set forth in the Terms of Service, following general conditions apply to your use of the Services: 

 

You are responsible for your conduct and activity when using InBody University. You must ensure that you do not, either directly or indirectly: 

  • use the Services for or in connection with any illegal or unauthorized purpose or in a manner that: (a) infringes, violates or misappropriates any rights of any person, including intellectual property, confidentiality or privacy rights, (b) is harmful, fraudulent, deceptive, misleading, threatening, harassing, defamatory, offensive, biased, obscene, vulgar, indecent, menacing, tortious or otherwise objectionable as determined by us in our sole discretion, (c) attempts, in any manner, to obtain the password, account, or other security information from any other user, (d) violates the security of any computer network, or crack any passwords or security encryption codes, (e) submit false or misleading information or (e) violates any laws, rules or regulations in your jurisdiction (including but not limited to copyright, data protection and privacy laws); 
  • reverse engineer, decompile, disassemble, decrypt or otherwise attempt to discover the code or underlying structure, ideas, know-how or algorithms relevant to the Services or access the Services, or write or develop any program based on the Services or any portion thereof, in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services; 
  • circumvent or attempt to circumvent any limitations imposed on your account including any license, timing or use restrictions that are built into the Services. 
  • lend, sell, resell, lease, sublicense, transfer, assign, distribute, grant a security interest in, or otherwise use the Services for the benefit of a third party, unless we have given you prior written authorization. 
  • modify, translate, or create derivative works based on the Services or any software, hardware, documentation or data related to the Services, in whole or part, or reproduce, duplicate, copy, or exploit any portion of the Services in whole or in part except to the extent expressly permitted in writing InBody or authorized within the Services. 
  • upload, transmit, disseminate or use the Services to send or store malicious code, including any worms, viruses, Trojan horses, or any other software or code of a destructive nature. 
  • use the Services to collect or store any sensitive information (“Sensitive Information”) including, but not limited to personal health information, banking and credit card information, and if you do use the Service to collect, store or otherwise process any Sensitive Information you do so at your own risk and you are responsible for ensuring compliance with all applicable laws; 
  • use the Services other than in accordance with our product documentation. 
  • permit the Services to be used by anyone other than yourself.  
  • use the bandwidth and storage resources provided by us in an unreasonable and disproportionate manner. We monitor usage to ensure fair distribution of resources among all our customers. In the event that your bandwidth or storage usage exceeds what we view in our sole discretion is reasonable and proportionate, we reserve the right to take appropriate measures, including but not limited to implementing bandwidth throttling, imposing storage limits, suspending or terminating your access to the services, in whole or in part, without liability. 
  • circumvent or otherwise interfere with any authentication or security measures of the Services, or otherwise interfere with or disrupt the integrity or performance of the Services, including doing anything to, or using the Services in a way that may, cause the Services to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Services is in any way impaired, including overloading, flooding, spamming, mailbombing or crashing; and 
  • use any robot, spider, device, technology or process to monitor or copy any data or pages within the Services without our prior written consent. 

 

We reserve the right to terminate your use of InBody University or any related service(s) for violating any of the prohibited uses. 

 

SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

 

We do not guarantee, represent, or warrant that your use of InBody University will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of InBody University will be up to your personal standards. 

 

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. 

 

You expressly agree that your use of, or inability to use, InBody University is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

 

In no case shall InBody or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of InBody University or any products procured via InBody University, or for any other claim related in any way to your use of InBody University or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of InBody University or any content (or product) posted, transmitted, or otherwise made available via InBody University, even if advised of their possibility. 

 

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

 

SECTION 11 - INDEMNIFICATION 

 

You agree to indemnify, defend and hold harmless InBody and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

 

SECTION 12 - SEVERABILITY 

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

 

SECTION 13 - TERMINATION 

 

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes. 

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by ceasing your use of InBody University. 

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may deny you access to our Services (or any part thereof). 

 

SECTION 14 - GOVERNING LAW 

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California, USA. 

 

 

SECTION 15 – CONTACT INFORMATION 

 

Questions about the Terms of Service should be sent to us at [email protected] 

 

Our contact information is posted below: 

 

Biospace, Inc. 

13850 Cerritos Corporate Drive 

Cerritos, CA 90703 

United States of America