This End User License Agreement and Terms of Service (this "EULA") is a binding contract between you, an individual user ("you") and Body Love Group, LLC ("Body Love Group," "we", "us" or "our") governing your use of the mobile software applications that Body Love Group makes available for download (individually and collectively, the "App"), the related website located at www.fitbodyapp.com and any other online properties owned or controlled by or on behalf of Body Love Group (collectively with the App, the "Service"). BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN YOU MAY NOT USE THE SERVICE. TO HAVE A COPY OF THIS EULA AND BODY LOVE GROUP’S PRIVACY POLICY SENT TO YOU, CONTACT BODY LOVE GROUP AT [email protected]

Material Terms: As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:

  • the Service is licensed, not sold, to you, and you may use the Service only as set forth in this EULA;
  • you use the service at your sole risk, and you should consult with a physician or other health care professional before commencing use of the Service, including the exercise and diet programs available on or through the Service;
  • the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator's (the "Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
  • you consent to the collection, use, and disclosure of your personally identifiable information in accordance with Body Love Group's Privacy Policy available at https://fitbodyapp.com/privacy-policy
  • we provide the App to you on an "as is" basis without warranties of any kind and Body Love Group's liability to you is limited;
  • disputes arising between you and Body Love Group will be resolved by binding arbitration. BY ACCEPTING THIS EULA, AS PROVIDED IN GREATER DETAIL IN SECTION 9 BELOW, YOU AND BODY LOVE GROUP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION; and
  • if you are using the App on an iOS-based device, then you agree to and acknowledge the "Notice Regarding Apple," below.
  1. General Terms and Conditions.
    1. Changes to this EULA. You understand and agree that we may change this EULA at any time without prior notice; provided that we will endeavor to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised EULA that you may be required to accept in order to continue using the Service. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised EULA will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised EULA. If you find any change to this EULA or the Service unacceptable, then your sole remedy is to stop accessing, browsing, and otherwise using the Service. The terms of this EULA will govern any updates Body Love Group provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this Section 1.a, no revisions to this EULA will apply to any dispute between you and Body Love Group that arose prior to the effective date of such revision.
    2. Privacy Policy. Your access to and use of the Service is also subject to Body Love Group's [Privacy Policy], the terms and conditions of which are incorporated herein by reference.
    3. Jurisdictional Issues. The Service is controlled and operated by Body Love Group from its offices in the State of Nevada. Body Love Group makes no representation that materials on the Service are appropriate, lawful, or available for use in any locations other than the United States of America. Those who choose to access or use the Service from locations outside the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.
    4. Eligibility. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY BODY LOVE GROUP. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by accessing or using the Service, you affirm that either you are at least 18 years of age or you have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age.
  2. The Service.
    1. Description. The Service is a lifestyle and fitness application that permits users to access workouts, meal plans, and educational videos. The content available on the App is subject to change at any time with or without notice and without any liability to you.
    2. Mobile Services. The Service will be accessible via a mobile phone, tablet, or other wireless device (collectively, "Mobile Services"). Your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be in accordance with this EULA.
      Our products and services are not intended to offer and are no substitute for professional medical advice or to diagnose or treat any medical condition. Our products assume you are in good physical and mental health. It is your responsibility to (i) judge your physical and mental capabilities for activities, (ii) ensure that by participating in activities, exercises, classes and programs you will not exceed your physical or mental limits, (iii) select the appropriate level of activity for your skills and abilities,, and (iv) monitor your physical and mental health in collaboration with a health care professional before, during and after your use of the Service and our exercise, diet and health related products.
    3. Physical Activity Disclaimer. If you have any medical conditions or are thinking about starting an exercise program or engaging in strenuous or unusual physical activity, you should consult your doctor first. WITHOUT LIMITATION OF ANY OTHER TERMS IN THIS EULA, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICE IS INTENDED TO AND/OR DOES DIAGNOSE, TREAT, CURE, OR PREVENT ANY ALLERGIES OR OTHER MEDICAL DISORDERS OR CONDITIONS, AND YOU HEREBY ACKNOWLEDGE THIS DISCLAIMER AND THAT WE ARE NOT ENGAGED IN PROVIDING YOU WITH A MEDICAL DEVICE, MEDICAL ADVICE, AND/OR HEALTHCARE SERVICES BY PROVIDING YOU WITH ACCESS TO THE SERVICE. You should consult with a licensed medical or fitness professional if you have any questions regarding your physical fitness routine. We are not responsible in any way for any health problems or injuries, including, without limitation, incapacity or death, which may result from or be related to your use of or inability to use the App.
  3. Registration.
    1. Log-In Credentials. While you may always browse the public-facing portions of the Service without registering with us, in order to enjoy the full benefits of the Service, you must download the App and register an account with us (an "Account").
    2. Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Body Love Group immediately at [email protected] if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. Body Love Group will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Body Love Group of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Sites (defined in Section 7 below).
    3. Accuracy of Information. When creating an Account, you will provide true, accurate, current, and complete information as Body Love Group requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of Body Love Group, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then Body Love Group may terminate your Account immediately without notice to you and without any liability to you or any third party.
  4. Subscriptions and Payment.
    1. Subscriptions. To enjoy the full benefits of the Service, including, without limitation, to access workout and meal plans, you must purchase a subscription to the Service. If you purchase a subscription to the Service, then the following terms apply:
    2. Automatically Renewable Subscriptions. BY PURCHASING A MONTHLY, QUARTERLY, OR ANNUAL SUBSCRIPTION TO THE SERVICE, YOU AGREE THAT, ONCE YOUR SUBSCRIPTION EXPIRES, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE MONTHLY, QUARTERLY, OR ANNUAL PERIODS, UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION.
    3. Cancellation. YOU MAY CANCEL YOUR SUBSCRIPTION TO THE SERVICE AT LEAST 24 HOURS PRIOR TO THE NEXT DATE OF SUBSCRIPTION RENEWAL, AFTER WHICH BODY LOVE GROUP WILL NOT RENEW YOUR SUBSCRIPTION. SUBSCRIPTION PAYMENTS ARE NON-REFUNDABLE. YOU MAY CANCEL YOUR SUBSCRIPTION THROUGH THE FUNCTIONALITY PROVIDED VIA THE SERVICE’S WEB APPLICATION OR THE APPLICATION STORE, AS APPLICABLE.
    4. Recurring Charges. YOU AUTHORIZE BODY LOVE GROUP TO CHARGE THE PAYMENT METHOD THAT OUR PAYMENT PROCESSOR HAS ON FILE FOR YOU TO PAY FOR ANY RENEWAL SUBSCRIPTION. YOU WILL BE BILLED FOR THE SAME SUBSCRIPTION PLAN (OR THE MOST SIMILAR SUBSCRIPTION PLAN, IF YOUR PRIOR PLAN IS NO LONGER AVAILABLE) AT THE THEN-CURRENT MONTHLY, QUARTERLY, OR ANNUAL SUBSCRIPTION PRICE PLUS ANY APPLICABLE TAXES. WE WILL PROCESS YOUR PAYMENTS FOR ANY RENEWAL SUBSCRIPTION USING THE SAME BILLING CYCLE AS YOUR CURRENT SUBSCRIPTION. IN OTHER WORDS, IF WE PROCESS YOUR PAYMENT FOR YOUR CURRENT SUBSCRIPTION ON THE 20TH OF EACH MONTH, THEN WE WILL CONTINUE TO PROCESS YOUR PAYMENT ON THAT DAY FOR ANY RENEWAL SUBSCRIPTION. ADDITIONAL TERMS AND CONDITIONS MAY APPLY UPON RENEWAL, AND SUBSCRIPTION FEES MAY CHANGE AT ANY TIME, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
    5. Pricing errors may occur on the App or the Body Love Group website. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your subscription. Body Love Group reserves the right to revoke any stated offer and correct any errors, inaccuracies or omissions (including after a subscription has been submitted and accepted).
  5. Intellectual Property Rights.
    1. License. The Service is licensed, not sold, to you for use only under the terms of this Agreement. Body Love Group reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with this Agreement, Body Love Group hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your personal, non-commercial use.
    2. Content. The content that Body Love Group provides to end users on or through the Service, including text, graphics, photos, software, sound recordings (and the musical works embodied therein), and interactive features, may be protected by copyright or other intellectual property rights and owned by Body Love Group or its third party licensors (collectively, the "Body Love Group Content"). You may not copy, reproduce, upload, republish, broadcast, transmit, retransmit, create derivative works of, publicly perform, publicly display, use for commercial purpose, distribute, or otherwise exploit any materials from the Service in any way without prior express written permission of the copyright owner of such material or as otherwise specified in this Agreement or permitted by the Service’s intended functionalities. You may not modify or use any materials obtained from or available through the Service unless you have obtained the applicable copyright owner's prior express written authorization. Body Love Group owns all design rights, databases, and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and all related goodwill.
    3. Marks. Body Love Group trademarks, service marks, and logos (the "Body Love Group Trademarks") used and displayed on the Service are Body Love Group’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the "Third-Party Trademarks," and, collectively with Body Love Group Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks to disparage Body Love Group or the applicable third-party, Body Love Group's or a third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from the Service without Body Love Group's prior express written consent. You may not remove any Trademarks identifying the ownership or origin of any Body Love Group Content. All goodwill generated from the use of any Body Love Group Trademark will inure solely to Body Love Group's benefit.
    4. Restrictions. Body Love Group hereby reserves all rights not expressly granted to you in this Section 5. Accordingly, nothing in this EULA or on the Service will be construed as granting to you, by implication, estoppel, or otherwise, any additional license rights in and to the Service or any Body Love Group Content or Trademarks located or displayed therein.
  6. User Content.
    1. User Content Generally.Certain features of the Service may permit users to upload content to the Service, including messages, photos, data, text, and other types of works ("User Content") and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
    2. Limited License Grant to Body Love Group.By providing User Content to or via the Service, you grant Body Love Group a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
    3. User Content Representations and Warranties. Body Love Group disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
      you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Body Love Group to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Body Love Group, the Service, and this EULA;
      your User Content, and the use of your User Content as contemplated by this EULA, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Body Love Group to violate any law or regulation; and your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
    4. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Body Love Group may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this EULA or is otherwise objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Body Love Group with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to this EULA, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Body Love Group does not permit copyright-infringing activities on the Service.
    5. Monitoring Content.Body Love Group does not control and does not have any obligation to monitor: (i) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that Body Love Group reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Body Love Group chooses to monitor the content, Body Love Group still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy
  7. Restrictions on Use of the Service.
    1. In addition to any other restrictions set forth in this EULA, and without limiting those restrictions, when using the Service, you agree not to (and not to attempt to):
      1. make unauthorized copies or derivative works of any content made available on or through the Service, including, but not limited to, Body Love Group Content;
      2. use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
      3. attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Service;
      4. frame or link to any of the materials or information available on the Service;
      5. circumvent any security measures, content rights management systems, or other measures taken to protect the security of our data, our users' data, or the identity of our employees or users;
      6. alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available;
      7. use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Body Love Group or obtained from the Service;
      8. access, tamper with, or use non-public areas of the Service, Body Love Group's (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of Body Love Group's providers;
      9. provide any false personal information to Body Love Group;
      10. create a false identity or impersonate another person or entity in any way;
      11. create a new account with Body Love Group, without Body Love Group's express written consent, if Body Love Group has previously disabled an account of yours;
      12. solicit, or attempt to solicit, personal information from other users of the Service;
      13. restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about Users of the Service;
      14. gain unauthorized access to the Service, to other users' accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
      15. interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies, or procedures of those networks or servers; or
      16. violate any applicable federal, state, or local laws or regulations or the terms of this EULA
  8. External Sites. The Service may contain links to, or the ability to share information with, third party websites ("External Sites"). Body Love Group does not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. Body Love Group is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. You agree that Body Love Group will have no liability to you arising from your use, engagement, exposure to, or interaction with any External Sites.
  9. Feedback. While we are continually working to develop and evaluate our own product ideas and features, we know we don't have all the answers. We therefore welcome your feedback, comments, and suggestions. If you choose to contribute by sending Body Love Group or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Body Love Group, you agree that:
    1. Body Love Group has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
    2. Feedback is provided on a non-confidential basis, and Body Love Group is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
    3. You irrevocably grant Body Love Group perpetual and unlimited permission to Use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
  10. Digital Millennium Copyright Act.
    1. DMCA Notification.We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
      Copyright Department
      Body Love Group LLC
      1285 Baring Blvd. #135
      Sparks, NV 89434
      (310) 905-4995
      Email: [email protected]
    2. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply include the following information:
      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
      2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
      3. a description of the material that you claim is infringing and where it is located on the Service;
      4. your address, telephone number, and email address;
      5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining 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 and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
    3. Repeat Infringers.Body Love Group will promptly terminate the accounts of users that are determined by Body Love Group to be repeat infringers.
  11. Dispute Resolution.
    1. General. In the interest of resolving disputes between you and Body Love Group in the most expedient and cost effective manner, you and Body Love Group agree that any dispute arising out of or in any way related to this EULA or your use of the App will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this EULA or your use of the App, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND BODY LOVE GROUP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
    2. Exceptions. Notwithstanding Section 9.a above, nothing in this EULA will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
    3. Arbitrator. Any arbitration between you and Body Love Group will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Body Love Group. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
    4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Body Love Group’s address for Notice is: 1285 Baring Blvd. #135, Sparks, NV 89434, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Body Love Group may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Body Love Group must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by Body Love Group prior to selection of an arbitrator, Body Love Group will pay you the highest of the following: (1) the amount awarded by the arbitrator, if any; (2) the last written settlement amount offered by Body Love Group in settlement of the dispute prior to the arbitrator’s award; or (3) $15,000.
    5. Fees. If you commence arbitration in accordance with this EULA, Body Love Group will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Body Love Group for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
    6. No Class Actions. YOU AND BODY LOVE GROUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Body Love Group agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
    7. Modifications to this Arbitration Provision. Except as otherwise provided in this EULA, if Body Love Group makes any future change to this arbitration provision, other than a change to Body Love Group’s address for Notice, then you may reject the change by sending us written notice within 30 days of the change to Body Love Group’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Body Love Group.
    8. Enforceability. If Section 9.f above is found to be unenforceable or if the entirety of this Section 9 is found to be unenforceable, then the entirety of this Section 9 will be null and void.
  12. Limitation of Liability and Disclaimer of Warranties. THE FOLLOWING TERMS IN THIS SECTION 11 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
    1. BODY LOVE GROUP, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE "BODY LOVE GROUP PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS, APPROPRIATENESS, TIMELINESS, OR RELIABILITY THEREOF. THE BODY LOVE GROUP PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT ON THE SERVICE OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
    2. THE BODY LOVE GROUP PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON (INCLUDING GIFTS) ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO BODY LOVE GROUP PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
    3. THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE BODY LOVE GROUP PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
    4. IN NO EVENT WILL ANY BODY LOVE GROUP PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH BODY LOVE GROUP PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BODY LOVE GROUP’S LIABILITY, AND THE LIABILITY OF ANY OTHER BODY LOVE GROUP PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID US AND U.S. $100.
  13. Third Party Disputes. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER, OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE BODY LOVE GROUP PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
  14. Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Body Love Group Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of this EULA; or (b) your access to, use, or misuse of Body Love Group Content or the Service. Body Love Group will provide notice to you of any such claim, suit, or proceeding. Body Love Group reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if Body Love Group believes that you are unwilling or incapable of defending Body Love Group’s interests. In such case, you agree to cooperate with any reasonable requests assisting Body Love Group's defense of such matter at your expense.
  15. Term and Termination of the EULA.
    1. Term. As between you and Body Love Group, the Term of this EULA commences as of your first use of the Service and continues until the termination of this EULA by either you or Body Love Group.
    2. Termination. You may terminate this EULA by sending written notification to Body Love Group at [email protected], deleting the App from your mobile device, and terminating all other uses of the Service. Body Love Group reserves the right, in its sole discretion, to restrict, suspend, or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA. Body Love Group may further terminate this EULA for any other reason upon ten (10) days’ notice to you using the email address associated with your account credentials. Body Love Group reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
    3. Sections 1, 2.c, 3.b, 5.b, 5.c, 5.d, 6, 8, 9, 13, 14.c, 15 – 17 and all defined terms used therein will survive the termination of this EULA indefinitely.
  16. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  17. Miscellaneous. This EULA is governed by the internal substantive laws of the State of Nevada without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Clark County, Nevada. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Body Love Group as a result of this EULA or use of the Service. If any provision of this EULA is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this EULA, which will remain in full force and effect. Failure of Body Love Group to act on or enforce any provision of this EULA will not be construed as a waiver of that provision or any other provision in this EULA. No waiver will be effective against Body Love Group unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Body Love Group and you, this EULA constitutes the entire agreement between you and Body Love Group with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The Section headings are provided merely for convenience and will not be given any legal import. This EULA will inure to the benefit of our successors and assigns. You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of Body Love Group. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App and any Body Love Group Content from your device prior to such disposition. Body Love Group may assign this EULA, including all its rights hereunder, without restriction.
  18. Contact Us. If you would like to contact us in connection with your use of the Service, then please refer to the contact information below: by mail at 1285 Baring Blvd. #135, Sparks, NV 89434, and by email at [email protected]
  19. NOTICE REGARDING APPLE. You acknowledge that this EULA is between you and Body Love Group only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If Body Love Group provides a translation of the English language version of this EULA, the translation is provided solely for convenience, and the English version will prevail.