Body By Buckner
Website Terms & Conditions

Terms

This policy governs your use of the Body By Buckner Website (the “Website”).  The Website is designed to provide users with general information, and to allow users to register for classes with third-party website (http://www.yogareg.com) and to communicate with Body By Buckner (“Body By Buckner”).

Acceptance of Terms

By using the Website you signify your acceptance of the Terms and Conditions.  If you do not agree to this, please refrain from using the Website.

Communications

When you visit the Website, or communicate with Body By Buckner via email, you are communicating electronically.  You consent to receive communications from Body By Buckner electronically.  Body By Buckner will communicate with you by email or by posting notifications on the Website.  You understand and agree that all agreements, notices, disclosures, and other communications that Body By Buckner provides electronically satisfy any legal requirement that such communications be in writing.

User Provided Information

Body By Buckner does not collect any personal information about individuals — such as names and postal codes, home addresses, and email addresses — except when such information is knowingly provided to Body By Buckner.  Personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website.  Any personal identification information retrieved by Body By Buckner must be voluntarily submitted by the user.  Body By Buckner may use the information provided to contact you with important information, required notices, and marketing promotions.

Payments

All payments to Body By Buckner are made through third-party website (http://www.yogareg.com).  Body By Buckner does not maintain any personal data related to your payments made through the third-party website.  The fees paid to Body By Buckner through the third-party website are non-refundable as a matter of right; such refunds, if any, shall be entirely within the sole discretion of Body By Buckner.

Intellectual Property Rights

All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of Body By Buckner.  You may use the Website only for your own noncommercial personal use and in compliance with these Terms and Conditions.  You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of selecting classes or other personal use.  Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Body By Buckner, is strictly prohibited.  You acknowledge that Body By Buckner remains the owner of all Website materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions.

Copyright Infringement; Notice and Take Down Procedures

Body By Buckner specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.  If you believe that any material contained on this Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure.  Body By Buckner will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”).  The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:

Body By Buckner

5017 7^th Street, NW

Washington, DC  20011

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

• Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Warranty Disclaimer and Limitation of Liability

In no event will Body By Buckner be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if Body By Buckner expressly advised of the possibility of such damage.

The Website may contain information related to nutrition, diet, fitness, and exercise programs.  Any information provided is not intended nor implied to be a substitute for advice from medical professionals or any other healthcare professional.  All information is provided by Body By Buckner on an “as is” basis only.  Body By Buckner provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

Indemnification

You agree to indemnify, hold harmless, and defend Body By Buckner, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your illegal use of the Website, your violation of these Terms or, defamatory or infringing content posted to the Website by you, or your violation of any law or the rights of a third-party.

Links To Third-Party Sites

The Website may contain links to other web sites.  These other web sites are not controlled by Body By Buckner.  We encourage our users to be aware when they leave our Website to read the privacy policies of each and every web site that collects personally identifiable information.  We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other web sites.  Visiting these other web sites is at your own risk.

Choice of Law

The Website and your use hereof, is governed by the laws of the District of Columbia, without regard to District of Columba’s choice of law provisions.  Any claim arising out of your use of this Website must be brought in the District of Columbia.

Policy Changes

Occasional changes may be made to the Terms & Conditions as new services and content are added to the Website.  The Terms and Conditions may be revised at any time by updating this posting.  By using the Website you agree to be bound by any such revisions.  Users of the Website are encouraged to check these Terms & Conditions periodically to stay informed of current privacy guidelines.