Hi, it’s Shannon and Kay, Founders of the Body Contouring Academy.  Did you know you’re entering into a legal agreement with us when you use our website and services?  That’s what the internet legal experts tell us!  So...it’s only fair you read and understand the Agreement fully.   

 

INTRO.  The following Terms of Use is entered into by and between you and the American Academy of Body Contouring, Ltd., dba the Body Contouring Academy, hereinafter referred to as “Company,” we,” or “us.”

 

BINDING EFFECT.  This is a binding agreement.  By using the Internet site located at https://www.bodycontouringacademy.com, hereinafter referred to as the “Site,” or any services provided within or connected with the Site, you agree to submit to these Terms of Use, as they may be amended from time to time by the American Academy of Body Contouring, Ltd, hereinafter referred to as “Company.”  You can review the most current version of these Terms of Use at any time on this page.

 

PRIVACY POLICY.  Company cares about and respects your privacy and permits you to control the treatment of your personal information.  Click the “Privacy” link at the bottom of the page to find a complete copy of the Company's current privacy policy.  Company’s privacy policy is expressly incorporated into this Agreement by this reference.

 

AGE.  Use of this Site is intended only for users aged 18 or older.  Individuals under the age of 18 are strictly prohibited from using Site.  Accounts for any such person under the age of 18 shall be terminated upon discovery.

 

GOVERNING LAW.  These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Texas, without reference to conflict of law rules.  By using Site, you hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Lubbock, Texas, in all disputes arising out of or related to the use of Site.

 

USE OF SOFTWARE.  Certain software may be made available by Company for you to use.  If you download software from Site, the software, including all files and images contained in or generated by the software, and any accompanying data, hereinafter referred to as “Software,” are deemed to be licensed to you by Company, for your personal, non-commercial, home use only.  Company does not transfer either the title or the intellectual property rights to Software as well as all intellectual property rights therein.  You may not sell, distribute or reproduce Software, nor may you decompile, disassemble, reverse-engineer, or otherwise convert Software to a human-perceivable form.  All trademarks and logos are owned by the Company or its licensors and you may not copy or use them in any manner.

 

USER CONTENT.  By using Site, you grant Company a license to use the materials you post to the Site.  By posting, displaying, performing, downloading, transmitting or otherwise distributing information or other content, hereinafter referred to as “User Content,” to the Site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use the User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, edit, translate, reproduce, and reformat User Content.  You will not be compensated for any User Content.  You agree that the Company may publish or otherwise disclose your name in connection with your User Content.  By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to transmit, post, perform, display or otherwise distribute User Content.

 

EARNINGS DISCLAIMER.  Company cares about your goals and success and strives to help you achieve your goals.  Click the “Earnings Disclaimer” link at the bottom of the page to find a complete copy of Company’s current Earnings Disclaimer policy.  Company’s Earnings Disclaimer policy is expressly incorporated into this Agreement by reference.

 

INTELLECTUAL PROPERTY LAW COMPLIANCE.  When you access the Site, you agree to respect the property rights of others and to obey the laws. At all times, your use of Site is governed by laws regarding use of intellectual property and copyright laws. You agree not to distribute any information or content by download, transmission, upload or any other content that would violate any other third party’s rights regarding intellectual property, proprietary rights, copyrights of trademarks. You shall be solely responsible for any damages or infringements caused by your violations of intellectual property right laws. You have the burden to prove that your Content misuse or unauthorized dissemination has not caused damage to any third party rights.

 

INAPPROPRIATE MATERIAL.  Company strictly forbids the follow type of Content: (a) advertisements or solicitations for funds, goods or services; (b) obscene, pornographic, abuse or threatening; (c) libelous or defamatory; or (d) encourage or support criminal activity, civil offense or any promotes violation of any other law or regulation. Company reserves the right to terminate your use of such material using Site, and if applicable, delete material from its servers. Company shall cooperate fully with law enforcement agencies in their investigation of any violation of these Terms of Use or any other applicable laws.

 

TERMINATION. Company reserves the right to terminate your use of the Site. Company, or its representatives, reserves the right to access your records and account to investigate malfeasance claims. Company may not disclose the investigation to you and may terminate your account or access to the Site if the Company finds you violated the Terms of Use.

 

DISCLAIMER OF ALL WARRANTIES. YOUR USE OF SITE IS AT YOUR OWN RISK.

YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR THE INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, PERTAINING TO SITE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OR MERCHANTABILITY.  COMPANY DOES NOT WARRANT THAT THE SITE WILL SATISFY YOUR NEEDS OR MEET YOUR REQUIREMENTS OR THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED.

 

LIMITATIONS OF LIABILITY.  IN NO EVENT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, LOST PROFITS, LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THE DAMAGES, ARISING OUT OF YOUR USE OF SITE OR OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. COMPANY’S LIABILITY IS LIMITED AND THIS LIMITATION SHALL APPLY WHETHER THE ALLEGATIONS OF DAMAGES ARISES FROM TORT, INTELLECTUAL LAW, BREACH OF CONTRACT, OR ANY OTHER CAUSE OF ACTION.

 

PAID COURSES, MATERIALS, PROGRAMS.  Company offers courses and other programs and materials for sale on this Site.  When you purchase one of these products, the Company grants you a limited, non-exclusive, non-transferrable license that is personal to you.  You may use it for you personal or internal business use.  You do not have the right to modify, copy, reverse engineer, reproduce, or in any other way exploit the product.  When you purchase a course, you agree the link, password, or download may only be used by you for your personal or business use and may not be sold or otherwise disseminated to third parties without the express written consent of Company.  When you purchase a course, you agree that you shall not create derivative work from the course, and you may not offer competing products from any information obtained from the course. When you purchase a course from Company, you are bound by the Terms of Participation.  Click the “Terms of Participation” link to find a complete copy of Company’s current Terms of Participation agreement, which is expressly incorporated and made a part of this this Agreement by reference.

 

LAWS, RULES, REGULATIONS.  Company provides education, information, courses, in connection with aesthetic services, and serves a wide variety of customers, including but not limited to nurses, estheticians, massage therapist, entrepreneurs, athletic trainers, career changers, and health care professionals. Company does not pre-screen students or customers regarding background, licensure or level of expertise. Company strongly recommends each student or customer perform independent research or consult an expert before purchase and before practice.  It is the student’s or customer’s responsibility to research applicable laws.  Company cannot and does not provide advice as to what treatments students or customers may be legally performing.   Moreover, licensure laws and business laws can vary state to state and Company cannot and does not advise customers or students regarding their individual situation or location.  Company is not held responsible for purchases made without prior knowledge resulting in attempted return or exchange.  Moreover, reliance on the procedural information is used at your own risk, though the procedures are those utilized in an operating medical spa.

 

THIRD PARTY LINKS.  Site may include links to other applications, websites, and platforms, hereinafter referred to as “Linked Sites.”  Company does not control Linked Sites and will not be responsible for the content of the third party content contained in the Linked Sites.  Company makes no guarantee about the accuracy or quality of the information in Linked Sites and assumes no responsibility for material that may be contained in those Linked Sites.  If you use these links, you do so at your own risk.

 

INDEMNITY.  You agree to indemnify and hold Company, its officers, directors, employees, consultants, agents, representatives, and affiliates harmless from any claim, loss or demand, including reasonable attorneys fees, made by a third party to or arising out of your access or use of Site, your violation of Terms of Use, your violation of rights of a third party or infringement by any other user of your account.  This indemnity survives the termination of the Terms of Use.  Company will provide notification to you of such a claim, and provide you with reasonable time to prepare a defense, at your expense.

 

TRADEMARKS/COPYRIGHTS.  Company claims all contents of the Site as rights reserved.  Nothing contained in or on Site grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks, trade names, service marks, logos, course names, or other proprietary information without the express permission of the Company.

 

SEVERABILITY.  If any term or condition in these Terms of Use is found, by a court of competent jurisdiction, to be unenforceable, all other terms and conditions shall be unaffected and in full force and effect.

 

WAIVER.  Company’s failure to enforce or exercise any right or provision in these Terms of Use shall not constitute a waiver of such right or provision.

 

NO LICENSE GRANTED.  This Terms of Use does not grant users a license to use any service marks, course names, logos or trademarks owned by the Company or its affiliates.

 

NO BUSINESS RELATIONSHIP CREATED.  No joint venture, partnership, employment or agency relationship shall be implied between you and Company as a result of these Terms of Use.

 

ENTIRE AGREEMENT.  These Terms of Use, and any other Agreements and Documents referenced herein, constitute the complete and exclusive understanding between you and Company and supersedes any prior versions or the lack of versions of the Terms of Use.

 

REVISIONS/AMENDMENTS.  These Terms of Use may be revised from time to time and at any time by updating this posting.  You should visit this page to review the then current Terms of Use because they are binding on you.  All revisions/amendments to these Terms of Use shall be forward looking.

 

QUESTIONS/COMPLAINTS.  If you do not understand or have questions about any of the provisions of the Terms of Use, you may email us at info@bodycontouringacademy.com.  You may also send correspondence to Terms Controller, BodyContouringAcademy.com, 7709 Timber Top Drive, Fair Oaks Ranch, TX 78015.  We are committed to resolving any issues you have with our collection or use of your personal data.  If you would like to make a complaint related to our handling of your personal data, you may email us at info@bodycontouringacademy.com.  You may also send correspondence to Data Controller, BodyContouringAcademy.com, 7709 Timber Top Drive, Fair Oaks Ranch, TX 78015