TERMS OF SERVICE
NUDEMUSHROOM.COM TERMS OF SERVICE
Last Updated: February 7, 2018
PLEASE READ THIS DOCUMENT CAREFULLY.
The Nude Mushroom, LLC. (“nudemushroom.com”,, “Body Revival”, “we” or “us”) is an online fitness and nutrition program located at nudemushroom.com (the “Nudemushroom Site”, “Site” ). By registering as a member or by using the BODY REVIVAL Program in any way, you accept these Terms of Service (“Agreement” or “Terms”), which forms a binding agreement between you and nudemushroom.com. You should also read and understand the nudemushroom.com Privacy Policy, which is incorporated by reference into this Agreement and is available on the nudemushroom.com site.
Prior to using the nudemushroom.com and BODY REVIVAL Program, it is important for you to know and understand that by visiting the Site and/or using the Program, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the nudemushroom.com and BODY REVIVAL Program is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR THE BODY REVIVAL Program.
By using the Program, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Program and terminate your account.
Please contact us with any questions regarding this Agreement.
HEALTH WARNING AND LIABILITY DISCLAIMER:
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.
NOTHING STATED OR POSTED ON THE NUDEMUSHROOM.COM AND BODY REVIVAL PROGRAM IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE NUDEMUSHROOM.COM AND BODY REVIVAL PROGRAM IS AT YOUR OWN RISK.
PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.
NUDEMUSHROOM.COM AND ANYONE ASSOCIATED WITH NUDEMUSHROOM.COM SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE NUDEMUSHROOM.COM AND BODY REVIVAL PROGRAM.
CONTENT OF THESE TERMS OF SERVICE
1Who May Use the NUDEMUSHROOM.COM and BODY REVIVAL PROGRAM
2Professional Advice and Medical Disclaimer
3Your Representations and Warranties as a Joiner
4General Disclaimers
5Limitation of Liability
6Payments/Refunds
7Content Restrictions
8Code of Conduct and Prohibited Activities
9Submissions
10Indemnification
11License to Use the nudemushroom.com and Body Revival Program
12Third Party Links and Content
13Intellectual Property
14General Provisions
1. WHO MAY USE THE NUDEMUSHROOM.COM AND BODY REVIVAL PROGRAM
AGE REQUIREMENT: You must be at least 18 years old to use the nudemushroom.com and BODY REVIVAL Program.
NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of the nudemushroom.com and Body Revival Program.
If your child is using the nudemushroom.com and BODY REVIVAL Program without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the nudemushroom.com and BODY REVIVAL Program, please contact us at tara@nudemushroom.com
2. PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE nudemushroom.com and Body Revival Program. IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
THE NUDEMUSHROOM.COM AND BODY REVIVAL PROGRAM OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE NUDEMUSHROOM.COM SITE OR AVAILABLE THROUGH ANY OF THE BODY REVIVAL PROGRAM IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELLING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELLING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE NUDEMUSHROOM.COM AND BODY REVIVAL PROGRAM AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES OR CANADA AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
THE NUDEMUSHROOM.COM AND BODY REVIVAL PROGRAM IS CONTINUALLY UNDER DEVELOPMENT AND MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE NUDEMUSHROOM.COM SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
3. YOUR REPRESENTATIONS AND WARRANTIES AS A JOINER
In becoming a JOINER of NUDEMUSHROOM.COM with the intent of using the BODY REVIVAL Program, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of NUDEMUSHROOM.COM AND BODY REVIVAL PROGRAM If applicable, You further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of NUDEMUSHROOM.COM AND BODY REVIVAL PROGRAM
4. GENERAL DISCLAIMERS
nudemushroom.com and Body Revival provides a program on an “as is” and “as available” basis. You therefore use the nudemushroom.com and BODY REVIVAL Program at your own risk.
nudemushroom.com and BODY REVIVAL Program expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, nudemushroom.com and Body Revival
Program makes no representations or warranties:
•That the nudemushroom.com and BODY REVIVAL Program, or any particular fitness program is suitable for you;
•Regarding the adequacy or safety of the nudemushroom.com and BODY REVIVAL Program for any particular user;
•That the nudemushroom.com and BODY REVIVAL Program will meet your personal needs;
•That the nudemushroom.com and BODY REVIVAL Program will be permitted in your jurisdiction;
•That the nudemushroom.com and BODY REVIVAL Program will be uninterrupted or error-free;
•Concerning any content submitted by any member;
•Concerning any third party’s use of content that you submit;
•That nudemushroom.com and BODY REVIVAL Program will continue to support any particular feature of the nudemushroom.com and BODY REVIVAL Program; or
•Concerning sites and resources outside of the nudemushroom.com and BODY REVIVAL Program, even if linked to from the nudemushroom.com and BODY REVIVAL Program.
nudemushroom.com and BODY REVIVAL reserves the right to modify the nudemushroom.com and BODY REVIVAL. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the nudemushroom.com and BODY REVIVAL Program. nudemushroom.com and BODY REVIVAL has no obligation to screen or monitor device.
To the extent that a secondary party may have access to or view nudemushroom.com and BODY REVIVAL content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the nudemushroom.com and BODY REVIVAL Program, and no warranties shall apply after such period.
any content and does not guarantee that any content made available on the nudemushroom.com and BODY REVIVAL Program complies with this Agreement or is suitable for all users. nudemushroom.com and BODY REVIVAL shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to Your computer system, internet access, download or display.
5. LIMITATION OF LIABILITY
To the fullest extent permitted by law: (i) in no event shall nudemushroom.com and BODY REVIVAL, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) BODY REVIVAL, and its affiliates’ total liability to you shall not exceed the amounts paid by you to nudemushroom.com and BODY REVIVAL Program over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
6. PAYMENTS/REFUNDS
a)Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
b)We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
c)We reserve the right to on-sell or otherwise authorize a debt-collection or other authorized agency to collect any amount not paid by you.
d)We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
e)We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.
f)In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.
g)From time to time, nudemushroom.com may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.
h)Any refund requests will be assessed on a case-by-case basis no later then 30 days after purchase. If genuine value has not been received and customer is not seeing ANY results, refunds may be granted at the discretion of the nudemushroom.com. (Refunds are only considered if the following steps have been taken)
i. follow the program closely within the time frame outlined and as described.
ii. submit all food journals for the 30 days at time of refund request (customer should have documented foods that correspond with each phase)
iii. workouts are done a minimum of 3 times a week and workout journals are filled out and submitted at time of refund request.
iii. 2 photos must be submitted; one within 7 days of starting the program and one on the date of refund request. (photos should be taken in a sports bra and bathing suit bottoms from the face to the thighs)
(please note that all photos submitted are for refund purposes only and will not be used for any other means, unless permission has been granted)
Authorization. When you sign up for our Service and provide a payment method to BODY REVIVAL, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you for the Program.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
7. CONTENT RESTRICTIONS
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
•Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
•Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
•Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
•Advocates harassment or intimidation of another person;
•Exploits minors;
•Depicts unlawful acts or extreme violence;
•Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
•Depicts animal cruelty or extreme violence towards animals; or
•Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
8. CODE OF CONDUCT AND PROHIBITED ACTIVITIES
In using the BODY REVIVAL Program, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:
•Act in a deceptive manner by, among other things, impersonating any person;
•Harass or stalk any other person;
•Harm or exploit minors;
•Distribute “spam”;
•Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
•“frame” or “mirror” any part of the Service or the Site;
•use meta tags or code or other devices containing any reference to BODY REVIVAL Program, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of BODY REVIVAL Program, nudemushroom, etc.) to direct any person to any other website for any purpose;
•modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;
•post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
•Collect information about others;
•Advertise or solicit others to purchase any product or service within the nudemushroom.com and BODY REVIVAL Site/Program;
•Promote fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
•Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.; or
•Participate in any activity that in any way violates any law.
BODY REVIVAL has the right, but not the obligation, to monitor all conduct on and content submitted to the BODY REVIVAL Program. BODY REVIVAL reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.
BODY REVIVAL reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.
Your use of the Site and Program, including all Content you post through the Program, must comply with all applicable laws and regulations. You agree that BODY REVIVAL may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
9. SUBMISSIONS
As between you and nudemushroom.com, you own all content that you submit to the nudemushroom.com Service, whether directly via the nudemushroom.com, BODY REVIVAL Program or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting a submission to nudemushroom.com or BODY REVIVAL, you are granting nudemushroom.com, BODY REVIVAL and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content.
You further grant all users of the nudemushroom.com and BODY REVIVAL Program permission to view your content for their personal, non-commercial purposes. If you make suggestions to nudemushroom.com on improving or adding new features to the nudemushroom.com or BODY REVIVAL Program, nudemushroom.com shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to nudemushroom.com and grant the licenses set forth above; (ii) nudemushroom.com or BODY REVIVAL Program will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless nudemushroom.com, BODY REVIVAL and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the nudemushroom.com Service/Products; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to nudemushroom.com violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. nudemushroom.com reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with nudemushroom.com in connection therewith.
11. LICENSE TO USE BODY REVIVAL Program
LICENSE: BODY REVIVAL grants you a limited, non-exclusive license to access and use the BODY REVIVAL Program for your own personal, non-commercial purposes. This includes the right to view content available on the BODY REVIVAL Program. This license is personal to you and may not be assigned or sub licensed to anyone else.
RESTRICTIONS: Except as expressly permitted by BODY REVIVAL in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the BODY REVIVAL Program. Nor will you take any measures to interfere with or damage the BODY REVIVAL Program. All rights not expressly granted by BODY REVIVAL are reserved.
MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL DEVICES:
These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Xbox, Playstation and other such devices and their corresponding apps).
Your use of the BODY REVIVAL Program through any applications or device constitutes your agreement to be bound by these Terms.
Any BODY REVIVAL application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Android Marketplace, your console’s app store, etc.) is licensed, not sold, to You for use only under these Terms. We, the licensor, nudemushoom.com, LLC. (Application Provider) reserve all rights not expressly granted to You.
Accordingly, if you download the nudemushroom.com and BODY REVIVAL Application, you will be:
•installing a software program on your product in the form of an application;
•entering into this contract with BODY REVIVAL, LLC. governing your use of the application.
12. THIRD PARTY LINKS AND CONTENT
Certain links on the www.nudemushroom.com and BODY REVIVAL Sites and/or the www.nudemushroom.com and BODY REVIVAL Program may let you leave the particular and ZGYM™ Site or www.nudemushroom.com and BODY REVIVAL Program you are accessing in order to access a linked site (the “Linked Sites”). When you are linking to a third party site, it is important to know that www.nudemushroom.com and BODY REVIVAL does not control these sites, nor has reviewed or approved the content which appears on the linked sites. nudemushroom.com and BODY REVIVAL is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that nudemushroom.com and BODY REVIVAL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.
Dealings with Third Parties.
More specifically, your participation, correspondence or business dealings with any third party found on or through the nudemushroom.com and BODY REVIVAL Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that nudemushroom.com and BODY REVIVAL shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
13. INTELLECTUAL PROPERTY
You acknowledge that the nudemushroom.com and BODY REVIVAL Site and Programs contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All nudemushroom.com and BODY REVIVAL -generated Content and Content devolped for nudemushroom.com and BODY REVIVAL by its partners and licensors is copyrighted individually and/or as a collective work under the Canada copyright laws; further, nudemushroom.com and BODY REVIVAL owns a copyright in the selection, coordination, arrangement and enhancement of all Content in thenudemushroom.com and BODY REVIVAL Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
The nudemushroom.com and BODY REVIVAL name, logos and affiliated applications and technologies are the exclusive property of nudemushroom.com and BODY REVIVAL, Inc. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
nudemushroom.com and BODY REVIVAL owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
14. GENERAL PROVISIONS
ARBITRATION AND GOVERNING LAW:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the Canadian Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against nudemushroom.com and BODY REVIVAL in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against nudemushroom.com and BODY REVIVAL or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and nudemushroom.com and BODY REVIVAL or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against nudemushroom.com and BODY REVIVAL (except for small-claims court actions) may be commenced only in the federal or Provincial courts located in Toronto, Ontario. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and Ontario Superior Court of Justice, shall be governed by the laws of the province of Ontario without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Ontario Superior Court of Justice in exercising any right hereunder will waive any further exercise of that right. nudemushroom.com and BODY REVIVAL’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without nudemushroom.com and BODY REVIVAL’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from nudemushroom.com and BODY REVIVAL electronically. nudemushroom.com and BODY REVIVAL may provide all such communications by email or by posting them on the nudemushroom.com and BODY REVIVAL Program. For support-related inquiries, you may send an email to tara@nudemushroom.com.
Nothing herein shall limit nudemushroom.com and BODY REVIVAL’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by nudemushroom.com and BODY REVIVAL on the nudemushroom.com and BODY REVIVAL Site or a written amendment signed by an authorized representative of nudemushroom.com and BODY REVIVAL. A revised Terms of Service will be effective as of the date it is posted on the nudemushroom.com and BODY REVIVAL Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
1.Privacy Policy
This Agreement constitutes the entire understanding between nudemushroom.com and BODY REVIVAL and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
END OF DOCUMENT.
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