BODYBYCHOCO WEBSITE TERMS AND CONDITIONS
These Bodybychoco Fitness Website Standard Terms and Conditions (these “Terms” or these “Website Standard Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, your purchase of any product advertised and marketed on this website, including all pages within this website (collectively referred to herein below as this “Website”). These terms and conditions contain an arbitration and class action waiver, which affect your legal rights. Please read them carefully. These Terms apply in full force and effect to your use of this Website and your purchase of any product(s) displayed, marketed, and advertised on this Website, and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you object to any of these Website Standard Terms and Conditions.
Exclusion of Warranty.
BODYBYCHOCO FITNESS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO OUR WAIST TRAINERS, THIGH BAND, BODY SCULPTING SLIMMING CREAM, OR NATURAL DETOX SLIMMING TEA, AND HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF A PATENT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO STATEMENTS REGARDING SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY BODYBYCHOCO FITNESS EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY BODYBYCHOCO FITNESS FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY BY BODYBYCHOCO FITNESS WHATSOEVER.
THIS ARBITRATION AGREEMENT (“AGREEMENT”) AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT DISPUTES BETWEEN YOU AND THE MANUFACTURER OF THIS PRODUCT (“ BODYBYCHOCO FITNESS and/or COMPANY”), MUST BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN A COURT.
PLEASE READ THIS AGREEMENT CAREFULLY.
A. RESOLUTION OF CLAIMS OR DISPUTES. Any claim or dispute between you and BODYBYCHOCO Company arising out of or relating in any way to the Product(s) Waist Trainers, Detox Slimming Tea and pills, Sculpting Slimming Cream, Weight Loss Plan, and any and all products hereafter sold by bodybychoco Fitness, your purchase, communications between you and Company, your use of Company’s website(s), or this Agreement shall be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and Company specifically acknowledge and agree to waive the right to bring a lawsuit in court based on such claims or disputes and to have such lawsuit resolved by a judge or jury. In arbitration, a neutral arbitrator or panel of arbitrators resolves a claim or dispute, and the arbitration may be more informal than a lawsuit in court. The arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. Any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
4. ARBITRATIONS ARE ON AN INDIVIDUAL BASIS. All arbitrations under this Agreement shall be conducted only on an individual (and not a class-wide) basis and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that you may only bring claims against us in an individual capacity and not as a plaintiff, class representative, or class member in any purported class action or representative proceeding. This class action waiver is material and essential to the arbitration of any disputes between you and Company and is non-severable from this Agreement. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the remainder of this Agreement shall be fully enforceable.
5. DISPUTE AND ARBITRATION PROCEDURES.
a. Before commencing any arbitration proceedings under this Agreement, you must first present the claim/dispute to BODYBYCHOCO Fitness by either calling the Company or emailing it, and providing your contact information and allowing the Company the opportunity to resolve the dispute. If your claim or dispute is not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the terms of this Agreement.
b. The arbitration of claim(s)/dispute(s) under this Agreement shall be pursuant to the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules then in effect at the time of the dispute (see www.adr.org or call (800) 788-7879 for AAA’s rules and procedures). If for any reason AAA is unavailable, you and Company shall mutually select another arbitration forum.
6. CHOICE OF LAW & SEVER-ABILITY. This Agreement shall be governed by the Federal Arbitration Act. Any determination regarding the applicability, enforce ability, or validity of this arbitration agreement will be made by the arbitrator, not by any court. Except as otherwise
provided in this Agreement, if any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or voice and the remainder shall remain fully enforceable.
Additional Terms, conditions and Disclosures:
The information provided is not intended to be a substitute for professional medical advice, diagnosis or treatment. BODYBYCHOCO Fitness is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through this site. You are encouraged to consult with your doctor with regard to this information contained on or through this website. After reading articles, watching videos or reading other content from this website, you are encouraged to review the information carefully with your professional healthcare provider.
MISS CHOCO is dedicated to her personal fitness and health. She is not a physician, nutritionist, or dietitian. Any recommendations she makes about her personal workout routine or lifestyle should be discussed between you and your doctor because working out may involve risks.
We make every effort to ensure that we accurately represent these products and services and their potential for fat burning results. Water and fat weight loss results made by our company and its customers are estimates of what we think you can possibly achieve. There is no guarantee that you will experience the same results and you accept the risk that results differ by individual.
As with any fitness program, your results may vary, and will be based on your individual capacity, ability to take action and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are reported results, which do apply to the average purchaser, but are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation.
There is no assurance that examples of past weight loss results can be duplicated in the future. We cannot guarantee your future results and/or success. Nor can we guarantee that you maintain the results you experience if you do not continue wearing the BODYBYCHOCO Waist Belt. For best results, we suggest wearing the Waist Eraser belt regularly, exercising and eating healthy foods. We are not responsible for your actions.
The use of our information, products and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your physique that is directly or indirectly related to the purchase and use of our information and products. By making a purchase, you agree to all of our terms and conditions.