conditions and guidelines for use of the www.backlogic.com Website
(the "Site") and the services offered on it. The Site
is owned by BodyLogic Health Management Ltd. ("BodyLogic
Health Management"). This TOU constitutes a legally binding
contract between the user ("you"), on the one hand, and
BodyLogic Health Management and its suppliers and providers, (collectively
"we" or "us"), on the other hand. Please read
this TOU carefully before using the Site or activating an account
with us. By using the Site or completing a purchase, you acknowledge
that you have read this TOU, understand it and agree to be bound
by its terms, conditions and guidelines.
While BodyLogic Health Management cannot prevent children under 13 from
viewing the Site, children under the age of 13 may not use or register
for the services offered on the Site or purchase merchandise through
the Site. BodyLogic Health Management strongly encourages parents and
guardians to supervise the activity of all children under the age
of 18 when using the Internet.
BodyLogic Health Management, www.backlogic.com, and the BodyLogic
Health Management logo are registered trademarks of BodyLogic Health
Management. Other marks, graphics, typefaces, trade names and logos
appearing on the Site are trademarks or trade dress of BodyLogic
Health Management. All rights are reserved. You may not make any
use of such trademarks or trade dress without BodyLogic Health Management'
permission. BodyLogic Health Management retains all ownership in
and good will associated with such trademarks and trade dress. Other
trademarks used on the Site are the property of their respective
BodyLogic Health Management and its suppliers retain all right, title
and interest in and to all content (and all compilations thereof),
including without limitation, any text, music, sound, photographs
video, images, illustrations, icons, graphics, headers, typefaces,
data, inventory information, databases or software, that appears
on the Site (the "Content"). The Content is protected
by U.S., Canadian and international copyright law. No right, title
or interest to any of the Content is transferred to you by your
use of the Site.
You may copy limited portions of the Content solely by page caching
or printing, provided that (i) you do not make such Content available
to any third party and (ii) you do not remove any proprietary notice
from such Content, or alter the Content in any way. You may not:
modify, delete, add to, or create derivative works of the Content.
You may not publish, distribute, transmit, broadcast or frame the
Content in any manner; copy or post the Content for public display;
collect, re-purpose or reuse any data or product listings contained
in the Content; sell or attempt to sell the Content; exploit the
Content; or make derivative use of the Site or its Content. In addition,
you agree not to rely on any Content created or posted by us.
You hereby grant to BodyLogic Health Management a worldwide, perpetual,
irrevocable royalty-free license, with the right of sublicense,
to exercise all rights arising in copyright in any media now known
or hereafter to become known, in any content (including without
limitation any text, music, sound, photographs, video, images, illustrations,
icons, graphics, and data) that you post on the Site or provide
to us in connection with the Site (the "Contributed Content").
When submitting Contributed Content to BodyLogic Health Management, you
must not use a false name or email address or otherwise attempt
to conceal the origin of your submission. You grant BodyLogic Health Management
the right to use, at its discretion, your name or other identifying
information in connection with Contributed Content. You represent
and warrant to and for the benefit of BodyLogic Health Management that
(i) you own or otherwise control all rights in the Contributed Content;
(ii) the Contributed Content is accurate; (iii) the Contributed
Content does not violate any law or infringe any third party privacy
or intellectual property rights; and (iv) the Contributed Content
contains no material that is defamatory, obscene, vulgar, profane,
harassing, or threatening. You agree to indemnify us for all claims
arising from or related to Contributed Content. While BodyLogic Health Management has no obligation to monitor Contributed Content, BodyLogic Health Management reserves the right to edit or remove any Contributed
Content we deem to be inappropriate.
BodyLogic Health Management is a distributor (and not a publisher) of
content supplied by third parties and incorporated within the Content.
We have no control over such third-party content, do not endorse
it, and are not responsible for its completeness, accuracy or reliability.
Any information, advice, opinions, or statements contained within
such third-party content are attributable to the author of such
content and not to BodyLogic Health Management. While BodyLogic Health Management
has no obligation to monitor third-party content, BodyLogic Health Management
reserves the right to edit or remove any third-party content we
deem to be inappropriate.
Amendments and Corrections to Content (instead of Product Descriptions)
BodyLogic Health Management does not guarantee the accuracy, completeness
or reliability of information appearing on the Site. The Site may
contain errors and omissions relating to product description, pricing
and availability. We reserve the right to correct or update errors
or omissions and to change information at our discretion without
prior notice. We also reserve the right to cancel an order for a
product in the event of an error or omission in the description
of such product, including incorrect pricing information, whether
due to a typographical error, an error in information received from
our suppliers, or otherwise.
Placing Orders on www.backlogic.com
We accept orders from and ship to anywhere in Australia, Canada,
the continental United States, Hawaii and Alaska. We may accept
orders from and ship to other locations at our discretion. The risk
of loss and title for all items ordered on the Site passes to you
when BodyLogic Health Management delivers the merchandise to the shipping
The amount of tax charged to an order will be calculated based on
the shipment destination's sales-tax laws.
Because BodyLogic Health Management begins processing your order almost
immediately after you place it, we cannot change or cancel an order
once you submit it. All product returns are subject to BodyLogic Health Management' discretion.
Any special offers related to Site, whether or not related to purchases
on the Site, are subject to the particular terms and conditions
(including time limitations) of such offers. Unless otherwise specified,
you may use only one special offer in connection with a transaction.
You agree that all billing and registration information you provide
on the Site will be accurate and complete. Your provision of inaccurate
or incomplete information constitutes a material breach of this
For certain activities you conduct on the Site, you will receive
or have received an account name and a password. We retain ownership
of your account and license it to you on a limited, nonexclusive
basis for the duration of your account activation. It is solely
your responsibility to keep your account information and password
secure. You must not disclose your password to anyone except persons
whom you have authorized to use your account, and you assume all
resulting liability from use of the Site for such authorized person(s).
You agree to notify us immediately of any unauthorized use of your
account or any other breach of security of which you know or suspect.
WE DISCLAIM ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE
TO KEEP YOUR ACCOUNT NAME AND PASSWORD SECURE.
You agree to indemnify and hold us and our subsidiaries, affiliates,
partners, telecommunications providers, service providers, officers,
employees and agents harmless from any claim or demand, including
attorneys' fees, made by any third party due to or arising out of
your use of the Site or any related services, any Contributed Content,
your violation of the TOU, or your violation of any third-party
rights, including without limitation, the infringement by you, or
any other user of your account, of any intellectual property rights,
privacy rights, or other rights of any person or entity.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR AFFILIATES, SUPPLIERS, SERVICE PROVIDERS,
OR OTHER THIRD PARTIES AFFILIATED WITH US BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING
FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT
OF THE USE OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
RESULTS OF SUCH SERVICES, OR ANY INFORMATION CONTAINED ON THE SITE
OR IN SUCH SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH
PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE
LIABILITY AND THE AGGREGATE LIABILITY OF ANY OF OUR SUPPLIERS, SERVICE
PROVIDERS, OR THIRD-PARTY AFFILIATES, ARISING FROM OR RELATING TO
THIS TOU (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONTRACT,
WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD
OR ANY OTHER LEGAL THEORY) IS LIMITED TO ONE-HUNDRED DOLLARS ($100).
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL RELATED SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS AND WITH ALL FAULTS, AND THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND
EFFORT IS WITH YOU. EXCEPT FOR THE EXPRESS WARRANTIES EXPLICITLY
PROVIDED HEREIN, NEITHER WE NOR OUR PARTNERS, PROVIDERS, OR AFFILIATES
MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE, THE CONTENT, ANY INFORMATION MADE
AVAILABLE BY OR THROUGH THE SITE, ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH THE SITE, OR ANY TRANSACTIONS ENTERED INTO BY
USE OF OR THROUGH THE SITE. TO THE EXTENT PERMITTED BY LAW, WE AND
OUR PARTNERS, PROVIDERS, AND AFFILIATES DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, ACCURACY, TITLE, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT AND QUIET ENJOYMENT. NEITHER WE NOR OUR PARTNERS,
PROVIDERS, OR AFFILIATES WARRANT THAT USE OF THE SITE OR ANY RELATED
SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY
LOCATION, SECURE OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NEITHER WE NOR OUR PARTNERS, PROVIDERS OR AFFILIATES
WARRANT THAT THE SITE OR ANY RELATED SERVICES WILL MEET YOUR REQUIREMENTS
OR THAT ANY DEFECTS WILL BE CORRECTED. FURTHERMORE, NEITHER WE NOR
OUR PARTNERS, PROVIDERS, OR AFFILIATES MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY,
COMPLETENESS, RELIABILITY OR TIMELINESS OF ANY INFORMATION AVAILABLE
ON OR THROUGH THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOADING OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
Violation of TOU
Please also note that at any time, if we determine that you have
abused or violated the letter or intent of any of these terms, conditions
or guidelines, or any applicable law, we reserve the right to terminate
or suspend your access to the Site and all related services, initiate
an investigation, remove materials from our servers, issue a warning,
block any prohibited activity, and take any other responsive action.
Users who violate this TOU may additionally incur criminal and/or
Please note that we may change this TOU at any time by posting
the modified TOU on the Site, or by otherwise notifying you of such
change. Use of the Site after such changes are posted constitutes
acceptance of all changes.
The TOU shall be governed by and construed in accordance with the
laws of the state of California as it is applied to contracts entered
into by residents of the state of California. You also consent to
the exclusive jurisdiction of and waive all objections to venue
in the provincial and federal courts in British Columbia, Canada,
and to the exercise of personal jurisdiction of the courts therein.
If any provision(s) of the TOU is found to be contrary to law, then
such provision(s) shall be construed, as nearly as possible, to
reflect the intentions of the parties, with the other provisions
remaining in full force and effect. Our failure to exercise or enforce
any right or provision of the TOU shall not constitute a waiver
of such right or provision unless acknowledged and agreed to by
us in writing. You and we agree that any cause of action arising
out of or related to this TOU or the Site must commence within one
(1) year after the cause of action arose; otherwise, such cause
of action is permanently barred. The section titles in this TOU
are solely used for the convenience of the parties and have no legal
or contractual significance. This TOU constitute the entire agreement
between you and us with respect to the subject matter herein and
supersede any and all prior or contemporaneous oral or written agreements.
You may not assign this agreement to any other party.
Policy for Claims of Infringement of Copyrighted Material
If you believe that material is posted on the BodyLogic Health Management
Web site in a manner than infringes your copyright, please notify
us by providing the following information in writing to our Copyright
" A physical or electronic signature of the owner of the allegedly
infringed copyright, or such owner's authorized representative.
" A description of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at issue, a list of
" A description of the material on the www.backlogic.com site
that is claimed to be infringing or to be the subject of infringing
activity, and information reasonably sufficient to permit us to
locate the material.
" The address, telephone number, and, if available, an electronic
mail address at which you may be contacted.
" A statement that you have 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.
" A statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on
behalf of the owner of the copyright that is allegedly infringed.