Terms and conditions
Last updated: March 6, 2022
Welcome to our website. These Terms & Conditions (“Terms & Conditions”, “Terms”) govern your use of the website accessible at tonebodies.com including all pages within this website (“Website”) and are a legal agreement between you (referred to herein as “you”, “your” or “Subscriber”) and Gizmomedia Inc, with its registered address at 1370 Valley Vista Drive Ste 200, Diamond Bar, CA 91765, United States (“Company”, “we” or “us”).
Please read our Terms carefully since they are legally binding and have sections that contain important information about the use, rights, liability, and your obligations and matters related to disputes, including the exclusive use of arbitration to resolve disputes. All defined terms, unless otherwise set out in the body, are provided at the end of these Terms & Conditions.
By accessing or using our Services, you expressly acknowledge that you have read these Terms & Conditions and agree to all terms and conditions herein. If you do not or cannot agree to our Terms, please do not open an Account to use our Services. If you set up an Account or use our Services, you shall be deemed to have consented and agreed with our Terms.
Definitions and key terms
To help explain things as clearly as possible in these Terms & Conditions, every time any of these terms are referenced, are strictly defined as:
“Account” means a Subscriber’s account that was registered on our Website and created for the purposes of accessing our Services.
“Content” means any information, text, document, articles, blogs, links, reports, data, databases, tools, e-mail, code, photographs, pictures, audio, video, postings, graphics (including illustrations and animations), comments, interfaces, webpages, files, software, product names, company names, trade-marks, logos, trade names, or other materials.
“Intellectual Property Rights” means rights pertaining to inventions, discoveries, or improvements (whether patented or able to be patented and whether or not reduced to practice), including patents, patent applications, certificates of invention, utility models, continuations, continuations-in-part, provisionals, divisions, reissues, renewals, re-examinations and extensions thereof; trade secrets, know-how, designs, methodologies, processes, rights in data, and similar rights; semiconductor chip protection and mask work right; the protection of works of authorship or expression and copyright (whether or not registered); trademark, trade names, service marks, logos, domain names and trade dress; and similar rights under any laws or international conventions throughout the world, whether now existing or hereafter arising or developed, including the right to apply for registrations, certificates, or renewals with respect thereto, the rights to prosecute, enforce, and obtain damages.
“Laws” means any statute, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order or other requirement or rule of law of any governmental authority.
“Subscriber” means the person or entity who has signed up to our Services and has opened an Account for purposes of utilizing our Services. The terms “Subscribing” and “Subscription” shall have the meanings applicable in context.
“Subscriber Input” means any Content submitted or otherwise shared by a Subscriber in the course of use of our Services, including comments, feedback, suggestions, modifications or other actions undertaken by Subscriber.
Right to Use
Subject to your compliance with these Terms & Conditions and payment of the amounts owed by Subscriber for order and use of our Health and Lifestyle products and services (“Service”), we grant Subscribers a non-sublicensable, non-transferable, nonexclusive, limited and revocable right to access and use our Services only for the purposes described by Company.
Company reserves all other rights in our Services, which are protected by trade secrets, copyright, and other intellectual property laws.
As a Subscriber, you may need to create Account on our Website to order and use our Services. By creating Account on our Website, you may be asked to fill in some personal data, for example your name, email, payment information.
To register Account with us you must be both: (a) at least eighteen (18) years of age; and (b) of the age of majority under the laws of your jurisdiction to enter into these Terms & Conditions and to obtain Services.
By using Website, you represent and warrant that you are the legal age of majority under applicable Laws and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.
Only human beings may use the Services, which you can only order and use if you create Account. We don’t allow for bots or other automation tools to register Accounts, and registering an Account this way is prohibited.
Once an Account is created, you are responsible for managing the Account. You should also inform us promptly of any changes to the information provided to us in the process of Account set-up in order to ensure we avoid the hassles and problems that can arise with incorrect contact and other information.
You shall: (1) keep your Account information strictly confidential and secure; and (2) inform us immediately if the confidentiality of any part of your Account information have been compromised (e.g. you or someone you authorized has shared your Credentials with a third party or you believe there is a credible chance of the security of your Account being compromised).
We retain the right, but do not have the obligation, to suspend your Account and take any other reasonable action if we suspect any unauthorized access to your Account or note that there is suspicious activity in relation to your Account. You agree to assist in executing such actions, which may involve your resetting of passwords or taking other measures as may be requested by us.
You may decide at any time to cancel its Account by clicking in the relevant page of your Account or by contacting our support team. Please note that if you cancel your Account, you will no longer be able to access the data which was resident on our system for your own privacy.
We reserve the right to suspend, and if deemed appropriate, cancel your right to utilize our Services. If we suspend or cancel your Account, you may not be able to download any data from our Website.
We may offer to use our Services under several types of Subscription Plans. Every Subscription Plan may have a different pricing (“Subscription Fee”) and limits inherent to it. Types of Subscription Plans we offer, the differences between them as well as the Subscription Fee are set forth on our Website.
Your Subscription Plan monthly fee has a fixed cost and varies in accordance with the Subscription Plan that you select. When using any Subscription Plan for the first time, you may be entitled to a free trial period, promotional offer, other type of limited offer or discounts. The initial payment will be followed by recurring periodic charges as agreed to by you when you sign up for the Subscription Plan. The Subscription Plan will give you the ability to specify how regularly you would like to order auto-replacing products.
We may modify Subscription Plans from time to time, including by adding or deleting services, features, functions, and limits in an effort to improve your experience.
Fees and Payment
Subscribers will be charged the Subscription Fee as set out on the Website for the applicable level of Subscription Plan.
You understand that failure to pay Subscription Fee or any charges may result in the suspension or cancellation of your Subscription Plan.
We may in the future implement a new fee, or modify an existing fee, for certain current or future services offered. If we revise our Subscription Fees, we will notify Subscribers by posting the revisions on the Website or by sending an email at the email address we have in our records.
Representations, Warranties and Covenants
You acknowledge and agree that:
(1) you are at least 18 years old or older or age of majority under the laws of your jurisdiction;
(2) you have the authority to bind yourself, or such other party which you may be representing, to our Terms; and
(3) your use of our Services shall (A) be solely for purposes that are permitted by these Terms & Conditions, (B) not infringe or misappropriate the Intellectual Property Rights of any third party, and (C) comply with all Laws.
You covenant that you shall not:
(i) misrepresent your identity (e.g. represent to anyone in relation to Company that you are someone else or you are affiliated with someone that you are not);
(ii) share Account log-in details with any person other than those expressly authorized by the Subscriber;
(iii) make use of our Services to do anything other than to carry out activities which are normally related to activities conducted using our Services;
(iv) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms in any part of our Services;
(v) rent, lease, sell, resell, assign, timeshare, offer in a service bureau, or otherwise make any part of our Services available to any third party;
(vi) damage, disable, overburden or impair our servers or network, or interfere with any other party’s use and enjoyment of our Services;
(vii) access our Services in order to build a commercially available product or service which competes with our Services;
(viii) copy any features, functions, integrations, interfaces or graphics which are part of our Services;
(ix) violate any Laws;
(x) transmit any information, through our Services or in any other manner, which may: (1) be unlawful, threatening, abusive, libelous, defamatory, harassing, fraudulent, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane; (2) be in violation of a third party’s Intellectual Property Rights or is subject to a third party’s Intellectual Property Rights; (3) reasonably be considered “spam” (including machine or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling); (5) contain or install any viruses, worms, malware, Trojan horses or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or (6) violate the privacy of any third party;
We reserve the right to investigate and prosecute, to the fullest extent of the law, any violation of the subsections (i) to (x) above.
Company and its licensors own all Intellectual Property Rights in our Services and you shall not obtain any ownership interest in our Services as a result of your access or use of the Services.
We shall have a royalty-free, worldwide, transferrable, sub-licensable, irrevocable, perpetual licence to use or incorporate into Services or Website any Subscriber Input. You shall have no obligation to provide Subscriber Input. Although the Company does not seek to monitor or control the submission of Subscriber Input, we reserve the right to delete, move and edit any Subscriber Input submitted where, in our sole and absolute discretion, it is considered prudent or necessary to do so. Subscriber Input is the sole responsibility of the person or entity that provided the Subscriber Input. You shall be solely responsible for your Subscriber Input and any consequences that may arise from posting, providing or publishing it on the Website.
IN ADDITION TO ANY OTHER DISCLAIMERS SET OUT IN OUR TERMS, OUR SERVICES, INCLUDING ALL CONTENT AND FUNCTIONS, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND MADE BY US WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY OR ACCURACY, OR INTEGRATION WITH ANY SYSTEM.
COMPANY DOES NOT CERTIFY ANY CONTENT, INCLUDING PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR OR BE REFERENCED IN THE COMPANY CONTENT. RELIANCE ON ANY CONTENT AND ANY OTHER INFORMATION, HOWEVER PRESENTED, OBTAINED THROUGH OUR SERVICES, IS SOLELY AT YOUR OWN RISK.
ALTHOUGH OUR SERVICES MAY PROVIDE ACCESS TO THIRD PARTY PROVIDERS, WE ASSUME NO OBLIGATION AND PROVIDE NO GUARANTEES WHATSOEVER IN CONNECTION WITH THE PERFORMANCE OF SUCH THIRD PARTY PROVIDERS. WE ARE NOT RESPONSIBLE TO YOU FOR THE CONDUCT OF ANY SUCH THIRD PARTY OR FOR ANY ERROR, DELAY, OR DEFICIENCY OF ANY PART OF THE SERVICE THEY PROVIDE, INCLUDING THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO OUR SERVICES AT ANY TIME OR FROM ANY LOCATION, ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES, AND ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH OUR SERVICES.
WE DO NOT WARRANT THAT ANY PART OF OUR SERVICES OR THE FUNCTIONS THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT SOLUTION OR ANY ITEM CONNECTED WITH THE WEBSITE IS FREE OF VIRUSES OR ANY HARMFUL COMPONENTS, OR THAT OUR SERVICES ARE IMPERVIOUS TO HACKS OR DATA LOSSES, OR THAT ANY TRANSMISSION TO AND FROM US OR COMMUNICATION BY YOU IS CONFIDENTIAL OR SECURE, EVEN IF WE BECOME AWARE OF ANY, OR ARE TOLD ABOUT, A POTENTIAL BREACH. YOU AGREE THAT YOUR USE OF OUR SERVICES CREATES NO OBLIGATION UPON US AND THERE IS NO RELATIONSHIP (WHETHER CONTRACTUAL, FIDUCIARY OR OTHERWISE) CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO OUR TERMS.
Release and Indemnification
You agree to indemnify and hold harmless Company, its officers, directors, employees, agents, successors and permitted assigns from and against any and all claims and expenses, including legal fees and disbursements, arising out of: (1) your improper use of our Services, including your violation of any of the provisions in these Terms & Conditions; (2) allegation of facts that, if true, would constitute your breach of any of your representations, warranties, covenants or obligations under these Terms & Conditions; or (3) negligence or willful misconduct by you or any third party on your behalf in connection with our Services.
We may, at our sole discretion and expense, choose to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without our written consent.
Under no circumstances shall Company and its officers, directors, employees, agents, successors and permitted assigns be liable for any indirect, incidental, special, consequential or exemplary damages arising from or relating to the use of our Services. This includes, but is not limited to, any loss of profit, earnings, anticipated earnings, interruption or loss of business, or any consequential losses, problems, or fault howsoever arising out of the use of our Services.
Under no circumstances shall we be liable for the acts, omissions or conduct of any third party users of our Services and you must ensure that you inform such third parties, who may benefit from any part of our Services, of this fact in case they are engaged with you in any way in respect of our Services.
Term and Termination
Our Terms shall be deemed to be applicable to you upon your use of our Services and shall terminate only upon an actual deactivation of your Account and cancellation of your Subscription through the means provided on the Website. Abandonment or non-use of the Account shall not lead to an automatic termination of your Account. You may cancel your Subscription and your Account at any time in the relevant page of your Account or by contacting our support team.
We may terminate your access to all or any part of our Services at any time, with or without cause and with or without notice, effective immediately and for any reason deemed appropriate in our sole discretion.
Except for the provisions set out under the “Surviving Provisions” clause in these Terms & Conditions, our Terms shall no longer be applicable to you if your Account is cancelled or terminated.
Upon termination of your Account, (1) all rights, licences, consents and authorizations granted to Subscriber pursuant to these Terms & Conditions shall immediately terminate, and (2) we may disable all Subscribers’ access to our Services.
Notwithstanding anything to the contrary in these Terms & Conditions, with respect to information and materials then in our possession or control:
(i) we may retain any of your data in our backups, archives and disaster recovery systems until such data is deleted in the ordinary course; and
(ii) all information and materials described in the foregoing clause shall remain subject to all confidentiality, security and other applicable requirements of our Terms.
Modification of our Terms
Company reserves the right, at our sole discretion, to amend these Terms & Conditions at any time and shall update these Terms & Conditions on our Website in the event of any such amendments.
Our Terms and any access to or use of our Services shall be governed by, and construed in accordance with the internal laws of United States, without giving effect to any choice or conflict of law provision or rule.
Severability. If any portion or provision of our Terms shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of our Terms, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of our Terms shall be valid and enforceable to the fullest extent permitted by law.
Headings and Summaries. The headings, captions and summaries in these Terms & Conditions are for convenience only and in no way define or describe the scope or content of any provision of these Terms & Conditions.
Notices. Except as otherwise stated in these Terms & Conditions or as expressly required by law, any notice to us, including for purposes of termination, shall be given in writing by certified postal mail to 1370 Valley Vista Drive Ste 200, Diamond Bar, CA 91765, United States or by email to [email protected].
Any notice to you shall be given to the most current email address associated with your Account.
Other Rules of Interpretation. Any reference to gender includes all genders; words importing the singular number only shall include the plural and vice versa; the word “or” is not exclusive; the word “including”, “includes” and “include” mean “including without limitation”; and “shall” and “will” mean “must”, all three of which can be changed interchangeably to the same effect, and shall not mean “may”.
No Waiver of Covenants. Failure by any party to insist upon the strict performance of any of the covenants, agreements, terms, provisions or conditions contained in our Terms or to exercise any election shall not be construed as a waiver or relinquishment of such covenant, agreement, term, provision or condition but the same shall continue and remain in full force. No waiver shall be deemed to have been made unless expressed in writing.
Surviving Provisions. The following provisions of these Terms & Conditions shall survive following any termination or expiration: Representations, Warranties and Covenants, Proprietary Rights, Disclaimers, Release and Indemnification, Liability, Governing Law, and the clauses under “Miscellaneous”.