of this website ("site"). By accessing this site, you signify your agreement to
SCOPE AND CHANGES
concerning the same subject matter.
AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE.
IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE ONLY WITH THE INVOLVEMENT OF YOUR
PERSONAL INFORMATION AND PRIVACY
See our http://noexcusesbodymakeover.com/noexcuses/privacy/ for our policy regarding the collection and use of personal information.
For questions about the products on this Site, please use the customer service e-mail link
found at the bottom/top of each product page or section. For questions about orders placed
through the Site, please use the same online Customer Service Center or
Products provided by the Site are of a digital nature only, and are immediately made available
upon purchase, barring any unforeseen technical impediments that may arise. In the event that
such impediments occur, simply use of online Customer Service Center or
page to alert us to the issue and we will
undertake to resolve the problem in a timely manner.
PRICES AND PAYMENT
Prices charged for our products are as shown on the website at the time and date of your purchase.
Prices are shown in US Dollars on the website. All the prices shown are inclusive of any taxes.
Before your order can be accepted we must receive payment in full. Payment shall only be deemed
to have occurred once our transaction processor (ClickBank) is in receipt of cleared funds.
When ordering via the website, you must pay using one of the accept forms of payment as required
by our transaction processor - currently this means you may pay using Paypal or credit card,
ClickBank accepts Visa, MasterCard, American Express, Discover, JCB, and Diners Club.
Your purchase will appear on your bank statement under the name "CLKBANK*COM".
We do not accept payment by mail or fax.
You confirm that all details provided by you to us (through ClickBank) for the purpose of purchasing
our products will be correct.
Our refund policy follows that of our transaction processor (ClickBank), which offers a
100% satisfaction guarantee, and will honor refunds for customers that have a grievance
against the product. This money-back guarantee on purchases covers the 60-day period following
your purchase. Refunds can be acquired by
visiting the ClickBank support page
providing your purchase details, including ClickBank receipt ID, and requesting a refund.
All material either presented on this Site, or downloaded from it, including but not limited
to images and text ("Materials"), are protected by copyright and/or other intellectual property
laws, and are owned and controlled by No Excuses Body Makeover or its partners. You may not
copy, reproduce, republish, upload, post, transmit, distribute and/or create derivative works
from the Materials in any way. Use of any Material without express permission by
No Excuses Body Makeover is a violation of our intellectual property rights and is prohibited
COPYRIGHT POLICY AND COPYRIGHT AGENT
It is policy of this Site to respect the copyright and intellectual property rights of others.
We may remove content that appears to infringe the copyright or other intellectual property
rights of others. If you believe that our Site has infringed your copyright in any material way,
please Contact Us
, and provide the following information:
DISCLAIMER OF WARRANTY
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
- An identification of the copyrighted work claimed to have been infringed.
- An identification of the material that you claim is infringing so that we may locate it on the Site, or within our Product.
- Your address, telephone number, and e-mail address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate, made under penalty
of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
- Please direct inquiries regarding copyright issues by mail to
our address, or via e-mail, using our contact information as supplied
on our Contact Us page.
YOUR ACCESS TO AND USE OF THE SITE ARE SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED "AS-IS,"
AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE INCLUDING WITHOUT LIMITATION ITS FITNESS
FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NONINFRINGEMENT
OF THIRD PARTY RIGHTS, ITS ACCURACY, COMPLETENESS OR OTHER CHARACTERISTICS, OR THE RESULTS
OBTAINED BY USING THE SITE. WE DO NOT WARRANT THAT THE SITE IS FREE FROM BUGS, VIRUSES, ERRORS,
OR OTHER PROGRAM LIMITATIONS, NOR DO WE WARRANT ACCESS TO THE INTERNET OR ANY OTHER SERVICE
THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN SCOPE TO
THE EXTENT PERMITTED BY APPLICABLE LAW AND IN DURATION TO NINETY (90) DAYS FROM THE INITIAL
DATE OF ACCESSING THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL No Excuses Body Makeover BE LIABLE TO YOU FOR ANY THIRD PARTY CLAIM
OR FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION,
ANY GOODWILL, LOST PROFITS OR LOST SAVINGS, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF IT WAS FORSEEABLE
OR THE POSSIBILITY OF SUCH DAMAGES WAS BROUGHT TO OUR ATTENTION. YOU AGREE THAT YOUR SOLE
REMEDY AGAINST US FOR LOSS OR DAMAGE CAUSED BY THE SITE, REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, IS LIMITED
TO $50. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN THAT EVENT, RECOVERABLE DAMAGES WILL BE LIMITED IN SCOPE AND AMOUNT TO THE LEAST ALLOWABLE
UNDER APPLICABLE LAW.
You agree to indemnify, defend and hold No Excuses Body Makeover and our licensors harmless,
as well as our and their affiliates, officers, directors, employees, consultants and agents,
from all third party claims, liability, damages and costs (including attorneys' fees) arising
from your unauthorized or improper use of the Site or the Materials, your breach of these Terms
of Use or your infringement of any intellectual property or other rights of any person or entity.
The information contained within press releases issued by agents acting on behalf of the Site
should not be deemed accurate or current except as of the date the release was posted. We have
no intention of updating, and specifically disclaim any duty to update, the information in the
press releases. To the extent any information therein is forward-looking, it is intended to fit
within the safe harbor for forward-looking statements, and is subject to material risk.
CHANGES TO THE SITE
We may, at our sole discretion, terminate, change, modify, suspend, make improvements to,
or discontinue any aspect of the Site or any products available through the Site, temporarily
or permanently, including the availability of any features of the Site or access to any parts
of the Site, at any time without notice to you, and you agree that we shall not be liable therefore.
GOVERNING LAW, JURISDICTION, AND LITIGATION COSTS
the application of its choice of law principles. You hereby agree to submit to the personal
jurisdiction of the judicial courts of Whangarei, New Zealand.
Exclusive venue, and any filings, for any litigation permitted under this Agreement shall be with
the judicial courts located in Whangarei, New Zealand. If we bring any action against you
prevailing party shall be entitled to recover, in addition to other relief granted, reasonable
attorneys fees and expenses of litigation. Notwithstanding any other provision of these
thereof, in any court having jurisdiction thereof.
SEVERABILITY; NO WAIVER
circumstance, is held by a court of competent jurisdiction to be invalid, unenforceable or
places and circumstances shall remain in full force and effect. Neither our failure nor our
delay in exercising, enforcing or taking action against you with respect to any of our rights
or powers shall operate as a waiver of such powers or rights. No single or partial exercise by
us of any of our powers or rights will preclude us from exercising such powers and rights in
the future or from exercising other powers and rights.
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