Discover Body Balance Clickwrap For Purchase

Use the below in the website on the screen that will be used to click “Purchase” for any module.  If the button is named anything else, then you need to make sure that the term is changed in the Terms of Service and Conditions.  I would recommend that it is a required task to check a box that the purchaser has read and agreed to the Terms of Service and Conditions.  I would suggest that they are at the very bottom of the page or on a separate page that they click accept.

Terms of Service and Conditions

The Terms of Service and Conditions (“Agreement”) is made between DISCOVER BODY BALANCE, LLC (“Company”) and you, the individual, who is purchasing a module or instruction course from the Company (“User”).

BY CLICKING THE “PURCHASE” BUTTON OR ACCESSING, USING, DOWNLOADING, OR INSTALLING ANY PART OR PORTION OF THE MODULE, TRAINING, OR INSTRUCTION COURSE, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF SERVICE AND CONDITIONS AS ARE SET FORTH UNDER THIS AGREEMENT.  IF USER DOES NOT AGREE TO ALL OF THE TERMS OF SERVICE AND CONDITIONS, USER SHALL NOT ACCESS, USE, DOWNLOAD, OR INSTALL ANY PART OR PORTION OF THE MODULE OR INSTRUCTION COURSE.

Service Terms and Limitations

  1. Understanding Regarding Training or Instructional Course.  The module, training, or instruction course (hereinafter “training or instructional course”) purchased by the User has been created by Company and is a proprietary training or instructional course which is protected by intellectual property laws of the United States of America and applicable state law.  The training or instructional course is licensed by Company to User and is not sold.  The training or instructional course is licensed to User by Company for the sole purpose of use only by the User for private non-commercial uses.
  2. No Reproduction, Retransmission or Redistribution Without Company Consent.  By clicking “Purchase” User agrees that the training or instructional course may not be reproduced or retransmitted or redistributed in any form without express written consent of Company.  The training or instructional course shall only be used by User for non-commercial purposes by User.  User is solely responsible for any authorized or unauthorized access, reproduction, retransmission or redistribution to any other person or entity.
  3. Equipment Used.  User is solely responsible for any and all equipment used to download and use the training or instructional course, and Company shall not be responsible for any damage occasioned by the download and use of such training or instructional course.
  4. Price and Taxes.  User shall be responsible to make proper payment for the training or instructional course in the amount listed on Company’s website, which shall be charged to User’s credit card, debt card, or other account.  All fees, taxes, and other charges associated with the purchase shall be paid by User.  User authorizes Company to charge any amount payable under this Agreement with the credit card, debit card, or other account and User will be responsible to pay any declination charges or insufficient funds charges, if any.
  5. User Representations.  User hereby represents that user is age eighteen (18) or older and has the ability to contract with Company for the provision of the training or instructional materials and to enter into this Agreement.
  6. Use of Training or Instructional Course.  User agrees that the use of the training or instructional course is for private, personal, and non-commercial use.  User agrees that the training or instructional course shall not be used for any illegal or illicit purpose, and that the use of the training or instructional course is the sole responsibility and risk of User, as Company is not responsible for its use.  User understands that the methodologies and information provided by Company are not medical or clinical advice and that User is responsible for User’s independent judgment in using such training or instructional course.  The training or instructional course are made as suggestions for possible use and are not warranted expressly or impliedly as they are possible modalities which are available for use by User.
  7. Limitation of Liability and Indemnification.  User agrees by User’s purchase of the training or instructional course that the limit of any damages which may be assessed against Company shall be the purchase price User paid to Company.  User agrees that Company shall not be liable to User of any other person for indirect, incidental, consequential, special, or punitive damages for any matters arising from this Agreement or from the use of the training or instructional course.  User will indemnify, hold harmless, and defend Company, its members, officers, employees, and agents from and against any action, cause of action, claim, damage, debt, demand, or liability, including reasonable attorney’s fees and costs, asserted by any person, arising out of or relating to this Agreement, User’s use of the training or instructional course, or any unacceptable use or violation of this Agreement.
  8. Amendment, Complete Agreement, Construction and Severability.  This Agreement may only be amended if such amendment in writing by express written consent evidenced by the signature of the parties.  No verbal changes shall be made.  This Agreement is the complete Agreement of the parties as of the date accepted by User by clicking “Purchase.”  The parties agree that under this Agreement, the masculine gender shall be deemed to include the feminine and the singular the plural; and vice versa.  If there is any term of this Agreement which is found to be illegal, unenforceable, or inapplicable under the law, only such portion deemed so shall be removed from this Agreement and the remainder shall stay in full force and effect.
  9. Breach of Agreement.  If User breaches the terms of this Agreement, Company shall be entitled to receive its reasonable attorney’s fees and costs expended in the enforcement of this Agreement.
  10. Laws, Venue and Jury trial Waiver.  By entering into this Agreement and clicking “Purchase” User agrees that this Agreement is governed by the laws of the State of Missouri, and that venue for any action between the parties regarding this Agreement shall be filed and tried in the State of Missouri Courts of the appropriate jurisdictional authority, and not in any federal court.  The parties by entering into this Agreement agree that they jointly waive the right to a jury trial in any action regarding this Agreement or cause of action relating to the training and instructional materials.