APPENDIX I

Terms and Conditions

These Terms and Conditions are the official terms of use for THE IBODY ENT’s website at http://www.ibodydetox.com (the ‘Website’).  The content and products (‘Products’) available on the Website are provided to you by Twelve & Twelve Enterprise Inc., d/b/a THE IBODY ENT, and its respective affiliates, and licensors (hereafter, ‘THE IBODY ENT’) subject to the following Terms and Conditions.  By accessing or using the Website, you acknowledge that you agree to be bound by these Terms and Conditions.

We reserve the right to modify these Terms and Conditions at any time on this webpage.  By using this Website, you agree to be bound by the Terms and Conditions that are posted on the Website at the time of your access or purchase.

GENERAL TERMS AND CONDITIONS

The Products on this Website are intended for personal, non-commercial purposes only.  Except as expressly permitted in these Term and Conditions, you may not use, reproduce, distribute, copy, publish, display, transmit, link, or in any way the content or Products of this Website.  You agree to use this Website, its Products and content, only for lawful, non-commercial purposes and in compliance with the all federal, state and local laws.

THE IBODY ENT does not permit the resale of our Products by unauthorized resellers, retailers or distributors.   THE IBODY ENT reserves the right to pursue any unlawful reseller, retailer or distributor for violations under applicable law.

THE IBODY ENT only ships Product orders to shipping addresses that are either a physical address or USPS Post Office Box. The use of a false name, address, telephone number and/or credit card number to purchase any Products on this Website shall constitute fraud under the laws of the state of California and shall constitute your stipulation and admission that 1) your use of a false name, address, telephone number and/or credit card was and is a fraudulent representation made at the time of purchase; 2) was made with the knowledge of said falsity; 3) was made with the intention to defraud THE IBODY ENT; 4) that THE IBODY ENT’s reliance on your fraudulent representations was and is actual, justifiable and reasonable, and; 5) that THE IBODY ENT was and is damaged by your fraud.  You further stipulate and admit that such conduct was and is carried out with fraud, malice and oppression and, therefore, an award of punitive damages is both necessary and proper for such conduct. All instances of fraud shall be prosecuted to the fullest extent of the law.

PRIVACY

You may refer to our practices with respect to the collection, use, disclosure and protection of your information, by visiting our Privacy Policy page on this website.  Our Privacy Policy is incorporated into these Terms and Conditions and by using this Website, you also agree to the terms of our Privacy Policy.

PRODUCT AVAILABILITY

The availability and descriptions of the Products included on this Website may vary based on location and timing.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (i) you are above the legal age of majority in your jurisdiction of residence; (ii) you will provide us with true, accurate, current and complete information on your Order or Contact; and (iii) you have capacity and authority to enter into these Terms and Conditions and, in doing so, will not violate any other agreement to which you are a party.

RETURN POLICY

Please visit our Returns & Exchanges page for more information.  

DISCLAIMER

THE IBODY ENT including, affiliates, third party content providers, merchants, licensors and the like, and their respective directors, officers, members, managers and employees (collectively, “related parties”) provides the website, products, and contents of its website on an “as-is” basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of the website or the information, content, materials or products, included on the website. To the fullest extent permitted by law, THE IBODY ENT and its related parties disclaim all such representations and warranties including, for example, warranties of merchantability and fitness for a particular purpose.

THE IBODY ENT and its related parties do not have any obligation to verify the identity of any person subscribing or using this website. Therefore, we decline all liability whatsoever for identity theft or any misuse of your identity or information.

In addition, THE IBODY ENT and its related parties do not represent or warrant that the information accessible via the website is accurate, complete or current.

INDEMNIFICATION

By using this Website, you agree to defend, indemnify, and hold us, our affiliates, and each of their respective managers, members, officers, directors, affiliates, employees, contractors and suppliers harmless from any and all claims, liabilities, losses, damages, costs, and expenses, including but not limited to attorneys’ fees and expenses, arising from or in connection with your use of this Website or any Products available on this Website, the posting, e-mailing, or transmission of any materials, infringement of any Proprietary Material, or any violation by you of these Terms and Conditions, the Privacy Policy or any other policy posted from time to time on this Website applicable to your use of this Website. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with and assist us in asserting any available defenses.

LIMITATION OF LIABILITY

We and our related parties shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the website, its content or any product sold or advertised on the website. These exclusions apply to any claims for injury, lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our related parties, shall be limited to the extent permitted by law.

We do not endorse and are not responsible for the accuracy or reliability of any opinion, information, advice or statement on the website. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the content on the website or use of any product advertised or sold on the website. It is your responsibility to evaluate the accuracy, completeness and/or usefulness of any information, opinion, advice, statement or other content available through the website. Please seek the advice of a professional, as appropriate, regarding the evaluation of any specific information, opinion, advice, statement or other content on the website.

In the event of any issue you encounter with this website or any content, you hereby acknowledge and agree that your sole remedy is to cease using this website. In the event of any problem with products that you have purchased through this website, you agree that your sole remedy, if any, is to seek a return and refund for such products in accordance with the policies posted on this website.

GOVERNING LAW; MISCELLANOUS

By using this Website, you agree that the laws of the State of California, excluding its conflict of laws rules, and these Terms and Conditions, our Privacy Policy and any other policies posted from time to time on this Website shall govern your use of this Website, its content and the purchase of any Products. Your use of this Website, its content and the purchase of any Products may also be subject to other local, state, national, and international laws.

You expressly agree that exclusive jurisdiction for any claim or dispute relating in any way to this Website, its contents or the Products, resides in the courts of the County of Los Angeles, State of California. You further agree and expressly consent to the exercise of personal jurisdiction in federal and state courts of the County of Los Angeles, State of California, in connection with any such claim or dispute.

If either party is required to retain the services of any attorney to enforce or otherwise litigate or defend any matter or claim arising out of, relating to or in connection with the Website, its content or the Products, then the prevailing party shall be entitled to recover from the other party, in addition to any other relief awarded or granted, its reasonable costs and expenses (including, without limitation, attorneys’ fees and costs and/or court costs) incurred in the proceeding.

A printed version of the Terms and Conditions and of any notice or communication given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms and Conditions shall be binding upon and inure to the benefit of each of the parties hereto, and their respective successors and permitted assigns. You may not assign your rights or obligations under these Terms and Conditions at any time. Both parties acknowledge that these Terms and Conditions express both parties entire understanding and agreement, and that there have been no warranties, representations, covenants or understandings made by either party to the other except such as are expressly set forth in these Terms and Conditions. The parties agree that these Terms and Conditions shall be interpreted as though co-drafted by both parties hereto and any rules of contract interpretation favoring one party over the other shall be disregarded. Captions and section headings used in these Terms and Conditions are for convenience only. All necessary provisions shall survive any termination of these Terms and Conditions for any reason. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect. The failure of THE IBODY ENT to exercise in any respect any right provided for herein shall not be deemed a waiver of any of its rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect. Any specific right or remedy provided in these Terms and Conditions shall not be exclusive but shall be cumulative upon all other rights and remedies set forth these Terms and Conditions and allowed under applicable law.

All Products ship from the United States and customers are solely responsible for the payment of any applicable customs, import, export, and excise duty, VAT and/or other taxes and fees.

CONTACT
THE IBODY ENT
(818) 655-0282