Smile Docs® Terms & Conditions

Doctor’s Terms and Conditions:

1. Limit 1 per person, subject to availability
2. Must be 18 years of age or older to use Vouchers
3. Includes a FREE Smile Assessment consultation which must be face to face
4. Invisalign Smile Deals® price includes the full Invisalign treatment with aligners. Any additional work and tools required will incur extra fees. This is assessed on a case by case basis, and any additional fees will be discussed after assessment and examination.
5. Invisalign cannot be carried out in the presence of active disease, therefore a full examination, dental records including photographs, scale and clean and current x-rays are required prior to Invisalign treatment, and dental hygiene maintenance with 6 monthly check-up and cleans are required during the Invisalign treatment. These are not included in the Invisalign Smile Deal.
6. Invisalign Smile Deals® offer can be used in conjunction with other Smile Deals® offers such as Whitening, Check up and Polish and Free Smile Assessment offers.
7. 24-hr cancellation notice required.
8. May redeem across multiple visits.

Smile Deals® Terms and Conditions:

Smile Deals® provides voucher (“Vouchers”) for use with participating dentists and orthodontists (“Service Providers”). By downloading and receiving any Service Provider Vouchers, you agree to the Terms of Use, including, without limitation, the Terms of Sale set forth below.
(a) In General
Although Smile Deals® creates Vouchers that sell certain third party products, and the services associated with those products, it is the customers responsibility to investigate or vet Service Providers prior to engaging them to provide their services. Smile Deals® is not responsible for any claims associated with the services delivered pursuant to any Vouchers. Pricing relating to certain Service Provider services, may change at any time in Smile Deals®’ sole discretion without notice.
A Service Provider may advertise goods, services or experiences as part of a Voucher that require Service Provider to have an up-to-date regulatory authorization, license, or certification. Smile Deals® does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Service Provider. You should make whatever investigation you deem necessary or appropriate before using any Voucher to determine whether: (i) Service Provider is qualified to provide the services set forth in the Voucher; or (ii) that Voucher products are of the quality required. The Service Provider is solely responsible for the care and quality of the goods and services being provided or the care and quality of the Products.
Smile Deals® is not a health or wellness provider. Providing a Voucher is not a substitute for professional advice, including, without limitation, medical advice, dental advice, orthodontic advice, diagnosis or treatment. Always seek the advice of a qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of the content in a Voucher.
Smile Deals® may, in its sole discretion, verify a user’s identity prior to allowing access to a Voucher. Smile Deals® may also refuse to provide a Voucher, may cancel a Voucher, or may limit quantities to particular addresses, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Use.
If a Voucher becomes unavailable between ordering and processing, Smile Deals® will either cancel or not process the Voucher.
Smile Deals® does not guarantee that it’s Voucher offer best available rates or prices and does not guarantee against pricing errors. Smile Deals® reserves the right, in its sole discretion, to not process or to cancel any Voucher, including, without limitation, if the price was incorrectly posted on the Site. In addition, Smile Deals® reserves the right, in its sole discretion, to correct any error in the stated retail price of the Voucher.
(b) Voucher
Vouchers are offered by Service Providers to customers via the Smile Deals® programs. Vouchers are subject to the terms and conditions as specified by the Service Provider. By obtaining a Voucher through Smile Deals®, you acquire the right to redeem the Voucher with the Service Provider. Any service fee retained by Smile Deals® from the sale of a Voucher, if applicable, is compensation to Smile Deals® for marketing, promoting, advertising and distributing the Vouchers on behalf of the Service Provider. As the issuer of the Voucher, the Service Provider shall be fully responsible for any and all Liabilities, caused in whole or in part by the Service Provider, as well as for any Liabilities arising from any regulatory action. Vouchers have no cash or residual value. Smile Deals® does not make any warranty in relation to the Vouchers, including, without limitation, their validity and/or value. Smile Deals® is not a party to any transaction that the Service Provider and you may enter into as a result of you acquiring any Voucher.
Vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Service Provider identified on the Voucher. The Service Provider is solely responsible for redeeming the Voucher. Furthermore, the Service Provider is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. Results may vary from person to person. Any surgical or invasive procedure carries risk. Before proceeding, you should seek a second opinion from an appropriately qualified health practitioner. You waive and release Smile Deals® and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Service Provider in connection with your use of a Voucher or the goods, services or experiences a Service Provider provides in connection with the Voucher.
By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Voucher, you agree specifically to the terms on the Voucher and any additional deal-specific terms advertised in connection with and on the Voucher at the time of purchase (the “fine print” regardless of how labeled), the Terms of Use and these Terms of Sale. These rules apply to all Vouchers that we make available, unless a particular Voucher’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a Voucher’s fine print, the Voucher’s fine print will control. Any attempt to redeem a Voucher in violation of these Terms of Use (including, without limitation, the Terms of Sale) will render the Voucher void.
The Service Provider is the sole issuer of the Voucher. Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of Vouchers is prohibited. Pricing relating to certain Service Provider Offerings and Products in the Voucher may change at any time in Smile Deals®’ discretion, without notice.
(c) Compliance with Australian law, rules and industry regulations. We endeavor to operate with transparency and integrity in our advertising programs. Accordingly, if you feel that our programs and Vouchers are in any way inconsistent with the following guidelines, we ask that you notify Smile Deals® as soon as possible. Thank you.
Section 133 of the National Law regulates advertising of regulated health services. It states:

1. A person must not advertise a regulated health service, or a business that provides a regulated health service, in a way that—

a) is false, misleading or deceptive or is likely to be misleading or deceptive; or
b) offers a gift, discount or other inducement to attract a person to use the service or the business, unless the advertisement also states the terms and conditions of the offer; or
c) uses testimonials or purported testimonials about the service or business; or
d) creates an unreasonable expectation of beneficial treatment; or
e) directly or indirectly encourages the indiscriminate or unnecessary use of regulated health services.

Body Focus International, Inc. Privacy Policy

Effective Date: June 2010

Body Focus International, Inc. offers health, fitness and nutritional information and is designed for educational and promotional purposes. The following Privacy Policy governs the online information collection practices of Body Focus International, Inc. (“Body Focus”, “we” or “us”)., it outlines the types of information that we gather about you while you are using our website (the “Site”), and the ways in which we use this information. This Privacy Policy, including our children’s privacy statement, does not apply to any information you may provide to us or that we may collect offline and/or through other means (for example, at a live event, via telephone, or through the mail).
Please read this Privacy Policy carefully. By visiting and using the Site, you agree that your use of our Site, and any dispute over privacy, is governed by this Privacy Policy. Because the Web is an evolving medium, we may need to change our Privacy Policy at some point in the future, in which case we’ll post the changes to this Privacy Policy on this website and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.
In many instances your medical professional has enrolled you or asked you to opt-in to the Body Focus International, Inc., EZ Marketer Email Communication System and this site. By doing so, your name, email address and non-medical information will be co-owned by your medical professional and us and you may receive information created by your medical professional, by us or by third-parties.
By visiting this Site or using the Services, you are accepting the policies and practices described in this Policy. Each time you visit the Site or use the Services, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Policy.

How We Collect and Use Information

We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site; when you register for a Site, you may provide us certain information including your name, e-mail address, screen name, password, demographic information, and the health topics that interest you; to engage a Site’s social networking function, you may add to your profile by providing information about your interests or health topics. For example, your profile may list your favorite healthy foods or movie; if you sign up to receive a newsletter, enter a contest, or participate in social networking activities, we may require that you provide us contact information (e.g., e-mail or physical address);if you purchase a product or service through the Site, we collect credit card information; and you may provide us with personal information in the course of e-mail, customer support interactions, and surveys.

We also collect and store information that is generated automatically as you navigate online through the Site. For example, we may collect information about your computer’s connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. We also may use a standard feature found in browser software called a “cookie” to enhance your experience with the Site. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you may have entered preference information before. The Site also may use web beacons (single-pixel graphic files also known as “transparent GIFs”) to access cookies and to count users who visit the Site or open HTML-formatted email messages.

We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize features and advertising that appear on the Site. We also may provide your information to third parties, such as service providers, contractors, and advertisers, for a variety of purposes. Unless you inform us in accordance with the process described below, we reserve the right to use, and to disclose to third parties, all of the information collected from and about you while you are using the Site in any way and for any purpose, such as to enable us or a third party to provide you with information about products and services. If you do not wish your information to be used for these purposes, you must send a letter to the Online Privacy Coordinator whose address is listed at the end of this Privacy Policy requesting to be taken off any lists of information that may be used for these purposes or that may be given or sold to third-parties.

Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, web logs, through email, or in chat areas – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.

Some of our third-party advertisers and ad servers that place and present advertising on the Site also may collect information from you via cookies, web beacons or similar technologies. These third-party advertisers and ad servers may use the information they collect to help present their advertisements, to help measure and research the advertisements’ effectiveness, or for other purposes. The use and collection of your information by these third-party advertisers and ad servers is governed by the relevant third-party’s privacy policy and is not covered by our Privacy Policy. Indeed, the privacy policies of these third-party advertisers and ad servers may be different from ours. If you have any concerns about a third party’s use of cookies or web beacons or use of your information, you should visit that party’s website and review its privacy policy.

Body Focus may, in its discretion provide content and information licensed by it from its affiliates and third-parties to the Site and may target market products, services and content to Site users.

The Site also includes links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third-party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.

We may also make some content, products and services available through our Site through cooperative relationships with third-party providers, where the brands of our provider partner appear on the Site in connection with such content, products and/or services. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly, in which cases the privacy policy of our provider partner may apply to the provider partner’s use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information.

Certain portions of the Site may be co-branded with a third-party business partner and subject to a different privacy policy that is either the partner’s privacy policy or a privacy policy developed jointly by Body Focus and our partner (collectively the “Co-branded Policy”). The partner’s collection, use and dissemination practices regarding any data or Personal Information provided by or obtained from users of these Co-branded portions of the Sites will be governed by the Co-branded Policy. The Co-branded Policy will make clear if our use and dissemination of Personal Information will be governed by the Co-branded Policy or this Policy. Please read the Co-branded Policy for each Co-branded Site before providing any Personal Information

Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law or to protect the rights, property or safety of users of the Site or the public.

Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another company, information about our users may be among the transferred assets.

Children’s Privacy Statement

This children’s privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information regarding their rights under federal law with respect to such information.

• This Site is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Site. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Site.
• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we also do NOT knowingly distribute such information to third parties.
• We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Site.
• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we do NOT condition the participation of a child under thirteen in the Site’s online activities on providing personally identifiable information.

How To Make Changes to Your Information

You may change your subscriber information, modify your subscriptions, and/or unsubscribe from these newsletters at any time by clicking on the Unsubscribe Link at the bottom of each communication.

Questions Regarding Privacy

If you have any questions about this Privacy Policy, our privacy practices, or your dealings with us, you can contact: privacy@physiciansmarketingsolutions.com

Disclaimer

This site offers health, fitness, and nutritional information and is designed for educational purposes only. You should not rely on this information 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 with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.

You should consult your physician or other health care professional before starting this or any other fitness 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 or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness 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.

Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material. Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.

If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.

Body Focus International, Inc. Terms of Service

General

This website (the “Site”) is owned and operated by Body Focus International, Inc. (hereinafter “Body Focus,” “we” or “us”) for the mutual benefit of the identified medical professional(s) or corporation(s) whose name(s) are found in the About Us Page of this Site. By using the Site, you agree to be bound by these Terms of Service have ratified your decision to opt-in to receive information and email communications form Body Focus and the medical professional and to use the Site in accordance with these Terms of Service, our Privacy Policy, (see tab above) and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Body Focus from their creation. Thus, Body Focus shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Body Focus determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Body Focus all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that Body Focus has the right but not the obligation to use and display any postings or contributions of any kind and that Body Focus may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may have provided links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

In many instances, the content contained on any of the Site is supplied by our Licensor, your medical professional, third parties and users. Accordingly, Body Focus is a distributor (and not a publisher) of such content and has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Body Focus. Neither Body Focus nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Body Focus neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Site by anyone other than an authorized Body Focus representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

The Site is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use.. The Site should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.

You agree at all times to defend, indemnify and hold harmless Body Focus its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to breach of any obligation, warranty, representation or covenant set forth herein.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our 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 Body Focus shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

Restrict or inhibit any other user from using and enjoying the Site.

Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.

Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.

Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.

Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

Body Focus may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Body Focus or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Body Focus staff, Body Focus’s outside contributors, or by users not connected with Body Focus, some of whom may employ anonymous user names. Body Focus expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Body Focus or any of its subsidiaries or affiliates.

Body Focus has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

THIS SITE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION 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 WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND Body Focus 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 THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Other

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Body Focus infringe your copyright, you, or your agent may send to Body Focus a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Body Focus actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Body Focus a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Body Focus’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows:

Elsa Gomez

3800 Waldo Ave.

Bronx, NY 10463

DMCA@physiciansmarketingsolutions.com

It is advisable to consult your legal advisor or council before filing a notice or counter-notice. It should be noted that there can be penalties for false claims under the DMCA

This Agreement shall be binding upon and inure to the benefit of Body Focus and our respective assigns, successors, heirs, and legal representatives. I agree that neither this Agreement nor any rights hereunder may be assigned by me without the prior written consent of Body Focus. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Body Focus to any affiliated entity or any of its wholly owned subsidiaries

This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Questions and Comments

If you have questions or comments, you can e-mail us at support@physiciansmarketingsolutions.com.

Member Support

You can e-mail our customer care team at support@physiciansmarketingsolutions.com. Or you can call us at 718-548-4193 from 9 a.m. – 8 p.m. ET, Monday through Friday.