Website Terms and conditions
These terms and conditions ("Agreement") set forth the general terms and conditions of
your use of the https://isaac-medina-shop.myshopify.com , www.isaac-medina.com and any of its related
products and services (collectively, "Services"). This Agreement is legally binding
between you ("User", "you" or "your") and The Body Engineer Consulting ("The Body Engineer Consulting, The Body Engineer by Isaac Medina (‘We”, "us" or "our"). By accessing and using the Website and Services, you acknowledge that
you have read, understood, and agree to be bound by the terms of this Agreement. If
you are entering into this Agreement on behalf of a business or other legal entity, you
represent that you have the authority to bind such entity to this Agreement, in which
case the terms "User", "you" or "your" shall refer to such entity. If you do not have such
authority, or if you do not agree with the terms of this Agreement, you must not accept
this Agreement and may not access and use the Website and Services. You
acknowledge that this Agreement is a contract between you and The Body Engineer Consulting,
even though it is electronic and is not physically signed by you, and it governs your use
of the Website and Services.
Accounts and membership
You must be at least 13 years of age to use the Website and Services. By using the
Website and Services and by agreeing to this Agreement you warrant and represent that
you are at least 13 years of age. If you create an account on the Website, you are
responsible for maintaining the security of your account and you are fully responsible
for all activities that occur under the account and any other actions taken in connection
with it. We may, but have no obligation to, monitor and review new accounts before you
sign in and start using the Services. Providing false contact information of any kind may
result in the termination of your account. You must immediately notify us of any
unauthorized uses of your account or any other breaches of security. We will not be
liable for any acts or omissions by you, including any damages of any kind incurred
because of such acts or omissions. We may suspend, disable, or delete your account
(or any part thereof) if we determine that you have violated any provision of this
Agreement or that your conduct or content would tend to damage our reputation and
goodwill. If we delete your account for the foregoing reasons, you may not re-register
for our Services. We may block your email address and Internet protocol address to
prevent further registration.
Links to other resources
Although the Website and Services may link to other resources (such as websites,
mobile applications, etc.), we are not, directly, or indirectly, implying any approval,
association, sponsorship, endorsement, or affiliation with any linked resource, unless
specifically stated herein. We are not responsible for examining or evaluating, and we
do not warrant the offerings of, any businesses or individuals or the content of their
resources. We do not assume any responsibility or liability for the actions, products,
services, and content of any other third parties. You should carefully review the legal
statements and other conditions of use of any resource which you access through a link
on the Website and Services. Your linking to any other off-site resources is at your own
risk.
Intellectual property rights
"Intellectual Property Rights" means all present and future rights conferred by statute,
common law or equity in or in relation to any copyright and related rights, trademarks,
designs, patents, inventions, goodwill and the right to sue for passing off, rights to
inventions, rights to use, and all other intellectual property rights, in each case whether
registered or unregistered and including all applications and rights to apply for and be
granted, rights to claim priority from, such rights and all similar or equivalent rights or
forms of protection and any other results of intellectual activity which subsist or will
subsist now or in the future in any part of the world. This Agreement does not transfer
to you any intellectual property owned by The Body Engineer Consulting or third parties, and all
rights, titles, and interests in and to such property will remain (as between the parties)
solely with The Body Engineer Consulting. All trademarks, service marks, graphics and logos used
in connection with the Website and Services, are trademarks or registered trademarks
of The Body Engineer Consulting or its licensors. Other trademarks, service marks, graphics and
logos used in connection with the Website and Services may be the trademarks of other
third parties. Your use of the Website and Services grants you no right or license to
reproduce or otherwise use any of The Body Engineer Consulting or third-party trademarks.
Disclaimer of warranty
You agree that such Service is provided on an "as is" and "as available" basis and that
your use of the Website and Services is solely at your own risk. We expressly disclaim
all warranties of any kind, whether express or implied, including but not limited to the
implied warranties of merchantability, fitness for a particular purpose and non
infringement. We make no warranty that the Services will meet your requirements, or
that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any
warranty as to the results that may be obtained from the use of the Service or as to the
accuracy or reliability of any information obtained through the Service or that defects in
the Service will be corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained using Service is done at your own discretion and risk
and that you will be solely responsible for any damage or loss of data that results from
the download of such material and/or data. We make no warranty regarding any goods
or services purchased or obtained through the Service or any transactions entered into
through the Service unless stated otherwise. No advice or information, whether oral or
written, obtained by you from us or through the Service shall create any warranty not
expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will The Body Engineer Consulting, its
affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any
person for any indirect, incidental, special, punitive, cover or consequential damages
(including, without limitation, damages for lost profits, revenue, sales, goodwill, use of
content, impact on business, business interruption, loss of anticipated savings, loss of
business opportunity) however caused, under any theory of liability, including, without
limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise,
even if the liable party has been advised as to the possibility of such damages or could
have foreseen such damages. To the maximum extent permitted by applicable law, the
aggregate liability of The Body Engineer Consulting and its affiliates, officers, employees, agents,
suppliers and licensors relating to the services will be limited to an amount greater of
one dollar or any amounts actually paid in cash by you to The Body Engineer Consulting for the
prior one month period prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you
for any losses or failures of its essential purpose.
Indemnification
You agree to indemnify and hold The Body Engineer Consulting and its affiliates, directors, officers,
employees, agents, suppliers and licensors harmless from and against any liabilities,
losses, damages or costs, including reasonable attorneys' fees, incurred in connection
with or arising from any third party allegations, claims, actions, disputes, or demands
asserted against any of them as a result of or relating to your Content, your use of the
Website and Services or any willful misconduct on your part.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes
arising out of it shall be governed by the substantive and procedural laws of Georgia,
United States without regard to its rules on conflicts or choice of law and, to the extent
applicable, the laws of United States. The exclusive jurisdiction and venue for actions
related to the subject matter hereof shall be the courts located in Georgia, United
States, and you hereby submit to the personal jurisdiction of such courts. You hereby
waive any right to a jury trial in any proceeding arising out of or related to this
Agreement. The United Nations Convention on Contracts for the International Sale of
Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Website and
Services at any time, effective upon posting an updated version of this Agreement on
the Website. When we do, we will revise the updated date at the bottom of this page.
Continued use of the Website and Services after any such changes shall constitute your
consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and
conditions. By accessing and using the Website and Services you agree to be bound by
this Agreement. If you do not agree to abide by the terms of this Agreement, you are not
authorized to access or use the Website and Services.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to
contact us concerning any matter relating to it, you may send an email to isaac@isaac-medina.com
This document was last updated on 1/1/2024