Terms & Conditions
Your License to Access the Site
The content, information, software, designs, and data included in the Site (the “Content”) are protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the Site.
Unless indicated to the contrary, you may use the Site only for personal, non-commercial use. In connection with these uses, you may access, copy, download and print the Content made available on the Site, provided that you do not modify or delete any copyright or other notice that appears on the Content. We reserve all rights in the Content and the Site that we do not specifically grant in these Terms. Without limitation, you may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the Site or any Content unless you obtain our prior written approval. You also may not use the Site in a way that could harm us or any third party. For example, you may not use the Site in a way that could:
- Damage or interfere with the proper working of the Site;
- Intercept any Content or information that we have not intentionally made available to you or defeat any access controls that we have implemented;
- Give you access to the Site or Content using any interface other than the interface that we provide, or attempt to “scrape” or “harvest” Content;
- Frame the Site, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between us and any other party;
- Convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims;
- Otherwise adversely impact the operation of the Site, the Company, or any third party.
In addition to our other legal rights, we may limit or terminate your license to use the Site, or certain features of the Site, at any time and for any reason, without prior notice to you including our belief you violated these Terms.
If you wish to purchase any product or service made available through the Site ("Purchase"), you will be redirected to GNC.com and may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Body Kitchen products are sold exclusively through GNC.com or retail locations nationwide and any and all purchases made through GNC.com are subject solely to the Terms and Conditions on GNC.com.
We guarantee the quality of all of our products. When you order Body Kitchen products from GNC.com, you are assured that our collagen and protein products are of the highest quality. However, in the event that a problem does occur, we ask that you notify GNC Live Well directly of problems by the next business day after receipt of your order. In no event will any replacement or refund by GNC.com or GNC Live Well, constitutes an admission of any kind by Body Kitchen, LLC. We reserve the right to fully investigate claims that we believe may be unfounded or fraudulent.
All shipments of product purchased are handled directly by GNC.com and Purchaser is subject to the Terms and Conditions on GNC.com.
Availability, Errors and Inaccuracies
Body Kitchen, LLC is constantly updating product and service offerings on the Site. We may experience delays in updating information on the Site and in our advertising on other web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.
You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Site and its original content, features and functionality are and will remain the exclusive property of Body Kitchen, LLC and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Body Kitchen, LLC.
Links to Other Web Sites
Our Site contains links to third party web sites or services that are not owned or controlled by Body Kitchen, LLC, namely GNC.com and Amazon.com.
Body Kitchen, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Body Kitchen, LLC 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Limitation of Liability
In no event shall Body Kitchen, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Body Kitchen, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have had between us regarding the Site.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at info@BodyKitchenCollagen.com