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No Excuses Body Makeover Terms Of Use

The terms of use outlined on this page specify your agreed to conditions for use of this website ("site"). By accessing this site, you signify your agreement to these terms of use. Please read them carefully.

SCOPE AND CHANGES

These Terms of Use represent the entire Agreement between No Excuses Body Makeover ("site", "we", "our" and "us") and you. These terms of use supercede any prior agreements concerning the same subject matter. THIS MEANS WE MAY CHANGE THESE TERMS OF USE AT ANY TIME. THEREFORE YOU ARE URGED TO REVIEW THESE TERMS OF USE EACH TIME YOU VISIT THE SITE. BY ACCESSING THE SITE AFTER A CHANGE TO THESE TERMS OF USE, YOU ARE INDICATING THAT YOU HAVE ACCEPTED THE CHANGES.

BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY AMENDMENTS THERETO, 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 PARENT OR GUARDIAN. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE SITE.

PERSONAL INFORMATION AND PRIVACY

See our http://noexcusesbodymakeover.com/noexcuses/privacy/ for our policy regarding the collection and use of personal information. You agree that we may collect and use the member information described in our Privacy Policy as per the terms and conditions provided in our Privacy Policy.

PRODUCT 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 Contact Us page.

PRODUCT DELIVERY

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 Contact Us 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.

REFUNDS

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.

COPYRIGHT RESTRICTIONS

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 by these Terms of Use.

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:
  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
  2. An identification of the copyrighted work claimed to have been infringed.
  3. An identification of the material that you claim is infringing so that we may locate it on the Site, or within our Product.
  4. Your address, telephone number, and e-mail address.
  5. 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
  6. 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.
  7. 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.
DISCLAIMER OF WARRANTY

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.

INDEMNITY

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.

SEC DISCLOSURE

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

These Terms of Use shall be construed and governed by the internal laws of New Zealand, excluding 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 or you bring any action against us regarding the subject matter of these Terms of Use, the 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 Terms of Use, we have the right to seek the remedy of specific performance of any term contained in these Terms of Use, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof, in any court having jurisdiction thereof.

SEVERABILITY; NO WAIVER

If any provision of these Terms of Use, or their application to any person, place, or circumstance, is held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of these Terms of Use and such provisions as applied to other persons, 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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Informational material found at the No Excuses Body Makeover website is provided for educational and informational purposes only and is not intended as medical advice. The information contained within this website should not be used to diagnose or treat any illness, metabolic disorder, disease or health problems. Always consult your physician or health care provider before beginning any nutrition or exercise program. Use of the programs, advice, and information contained in this website is at the sole choice and risk of the reader. All testimonials found on this web site originate with a real customer. All testimonials were unsolicited and no one was paid for their endorsement. The results may not be typical.