TERMS OF
USE & PRIVACY STATEMENT
1.
ACCEPTANCE OF TERMS
Discount
Distributing is comprised of the
internet sites www.discountdistributing.net
, www.bodywraps.com , www.greatcurves.com
, www.bodywrapkits.com , (the "Discount
Distributing Sites"), provides
the information and services on
Discount Distributing Sites to you,
the user, conditioned upon your
acceptance, without modification,
of the terms and conditions of use
("Terms") contained herein.
Your use of Discount Distributing
Sites constitutes agreement with
such Terms.
Before
using Discount Distributing Sites,
please carefully read this agreement
relating to your use of Discount
Distributing Sites. By using Discount
Distributing Sites, you agree to
be bound by these terms and conditions.
If you do not agree to these terms
and conditions, please do not use
Discount Distributing Sites.
Discount
Distributing reserves the right,
at Discount Distributing's sole
discretion, to change, modify, add
or remove portions of these Terms
periodically. Such modifications
shall be effective immediately upon
posting of the modified agreement
to the website unless provided otherwise
(e.g., when implementing major,
substantive changes, Discount Distributing
intends to provide users with up
to fourteen days of advance notice).
Your continued use of the Discount
Distributing Sites following the
posting of changes to these Terms
will mean that you accept those
changes.
Use
of Discount Distributing Sites constitutes
full acceptance of and agreement
to the Terms; if a user does not
accept Discount Distributing's Terms,
he or she is not granted rights
to use Discount Distributing Sites
as defined herein, and should refrain
from accessing Discount Distributing
Sites.
Discount
Distributing reserves the right
at any time and from time to time
to modify or discontinue, temporarily
or permanently, any or all Discount
Distributing Sites (or any part
thereof). Discount Distributing
shall not be liable to any user
or other third party for any such
modification, suspension or discontinuance
except as expressly provided herein.
2.
NO UNLAWFUL OR PROHIBITED USE
By
using Discount Distributing Sites,
you warrant to Discount Distributing
that you will not use Discount Distributing
Sites, or any of the content obtained
from Discount Distributing Sites,
for any purpose that is unlawful
or prohibited by these Terms. If
you violate any of these Terms,
your permission to use the Discount
Distributing Sites automatically
terminates.
3.
DESCRIPTION OF SERVICES
The
Discount Distributing Sites are
owned and operated by Discount Distributing
for the purpose of software development,
discussion, implementation and innovation
(the "Purpose"). The Discount
Distributing Sites provide products
and services for the health &
fitness industry, specifically the
commercial indoor sunlamp tanning
industry.
4.
CONTENT
All
information, data, text, software,
music, sound, photographs, graphics,
video, messages, or any other materials
whatsoever (collectively, "Content"),
whether publicly posted or privately
transmitted, is the sole responsibility
of the person from whom such Content
originated. This means that the
user, and not Discount Distributing,
is entirely responsible for all
Content that he or she uploads,
posts, emails or otherwise transmits
via the Discount Distributing Sites.
No user shall transmit Content or
otherwise conduct or participate
in any activities on Discount Distributing
Sites that, in the judgment of Discount
Distributing, is likely to be prohibited
by law in any applicable jurisdiction,
including laws governing the encryption
of software, the export of technology,
the transmission of obscenity, or
the permissible uses of intellectual
property.
Discount
Distributing reserves the right
to refuse or delete any Content
of which it becomes aware and reasonably
deems not to fulfill the Purpose.
In addition, Discount Distributing
shall have the right (but not the
obligation) in its sole discretion
to refuse or delete any Content
that it reasonably considers to
violate the Terms or be otherwise
illegal. Discount Distributing,
in its sole and absolute discretion,
may preserve Content and may also
disclose Content if required to
do so by law or judicial or governmental
mandate or as reasonably determined
useful by Discount Distributing
to protect the rights, property,
or personal safety of Discount Distributing
Sites' users and the public. Discount
Distributing does not control the
Content posted to the Discount Distributing
Sites and, as such, does not guarantee
the accuracy, integrity or quality
of such Content. Under no circumstances
will Discount Distributing be liable
in any way for any Content, including,
but not limited to, liability for
any errors or omissions in any Content
or for any loss or damage of any
kind incurred as a result of the
use of any Content posted, emailed
or otherwise transmitted via Discount
Distributing Sites.
Each
user, by using Discount Distributing
Sites, may be exposed to Content
that is offensive, indecent or objectionable.
Each user must evaluate, and bear
all risks associated with the use
of any Content, including any reliance
on the accuracy, completeness, or
usefulness of such Content.
5.
LICENSING AND OTHER TERMS APPLYING
TO CONTENT POSTED ON THE Discount
Distributing SITES:
Use,
reproduction, modification, and
other intellectual property rights
to data stored on the Discount Distributing
Sites will be subject to licensing
arrangements that may be approved
by Discount Distributing as applicable
to such Content.
Content
located on any Discount Distributing-hosted
subdomain which is subject to the
sole editorial control of the owner
or licensee of such subdomain, shall
be subject to the appropriate license
applicable to such Content, or to
such other licensing arrangements
as may be approved by Discount Distributing
as applicable to such Content.
6.
NO RESALE OF SERVICE
You
agree not to sell, resell, or offer
for any commercial purposes, any
portion of the Discount Distributing
Sites, use of the Discount Distributing
Sites, or access to the Discount
Distributing Sites.
7.
GENERAL PRACTICES REGARDING USE
AND STORAGE
Discount
Distributing may establish general
practices and limits concerning
use of the Discount Distributing
Sites. While Discount Distributing
will use reasonable efforts to back
up site data and make such data
available in the event of loss or
deletion, Discount Distributing
has no responsibility or liability
for the deletion or failure to store
any messages and other communications
or other Content maintained or transmitted
by any Discount Distributing Site.
Discount Distributing reserves the
right to mark as "inactive"
and archive accounts and/or Content
that are inactive for an extended
period of time. Discount Distributing
reserves the right to change these
general practices at any time, in
its sole discretion, with notice
to users and the public as described
in Section 1 above.
8.
LINKS
Discount
Distributing, any Discount Distributing
Site or a third party may provide
links to other websites. Discount
Distributing exercises no control
whatsoever over such other websites
and web-based resources and is not
responsible or liable for the availability
thereof or the Content, advertising,
products or other materials thereon.
Discount Distributing shall not
be responsible or liable, directly
or indirectly, for any damage or
loss incurred or suffered by any
user in connection therewith. Your
access and use of linked websites,
including information, material,
products and services therein, is
solely at your own risk.
The
Discount Distributing Sites' Privacy
Statement is applicable only when
you are on an Discount Distributing
Site. Once you choose to link to
another website, you should read
that website's privacy statement
before disclosing any personal information.
9.
INDEMNITY; DISCLAIMER; LIMITATIONS
OF LIABILITY
Each
user shall indemnify, defend and
hold harmless Discount Distributing,
and its parent corporation and affiliates
and their respective officers, employees
and agents, and each of Discount
Distributing's website partners,
from any and all claims, demands,
damages, costs, and liabilities
including reasonable attorneys'
fees, made by any third party due
to or arising out of that user's
acts or omissions, including claims
arising out of that user's use of
the Discount Distributing Sites;
his or her submission, posting or
transmission of Content or his or
her violation of the Terms.
EACH
USER'S USE OF THE Discount Distributing
SITES IS AT HIS OR HER SOLE RISK.
THE Discount Distributing SITES
ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS
AND Discount Distributing ASSUMES
NO RESPONSIBILITY FOR THE TIMELINESS,
DELETION, MIS-DELIVERY OR FAILURE
TO STORE ANY USER COMMUNICATIONS
OR PERSONALIZATION SETTINGS. EACH
USER WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO HIS OR HER COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Discount Distributing EXPRESSLY
DISCLAIMS 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. SPECIFICALLY,
Discount Distributing MAKES NO WARRANTY
THAT (i) THE Discount Distributing
SITES OR ANY SERVICE THEREON WILL
MEET YOUR REQUIREMENTS, (ii) ANY
USER ACCESS WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE, (iii)
THE QUALITY OF ANY CONTENT, PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL
OBTAINED BY ANY USER WILL MEET HIS
OR HER EXPECTATIONS, AND (iv) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
EXCLUDING ONLY DAMAGES ARISING OUT
OF Discount Distributing'S GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT,
Discount Distributing SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN
IF Discount Distributing HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY USER'S
USE OR INABILITY TO USE ANY Discount
Distributing SITES OR SERVICES THEREON;
THE COST OF PROCUREMENT OF SUBSTITUTE
SERVICES; UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE Discount
Distributing SITES; OR ANY OTHER
MATTER RELATING TO THE Discount
Distributing SITES. IN NO EVENT
SHALL Discount Distributing'S TOTAL
CUMULATIVE LIABILITY TO ANY USER
OR OTHER PARTY UNDER THESE TERMS
OF SERVICE OR OTHERWISE EXCEED $1,000.00.
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY
TO YOU. NOTHING HEREIN SHALL BE
DEEMED TO CREATE AN AGENCY, PARTNERSHIP,
JOINT VENTURE, EMPLOYEE-EMPLOYER
OR FRANCHISOR-FRANCHISEE RELATIONSHIP
OF ANY KIND BETWEEN Discount Distributing
AND ANY USER OR OTHER PERSON OR
ENTITY NOR DO THESE TERMS OF SERVICE
EXTEND RIGHTS TO ANY THIRD PARTY.
AS NOTED ABOVE, Discount Distributing
DOES NOT AND CANNOT CONTROL THE
ACTIONS OF Discount Distributing
SITE USERS, VISITORS OR LINKED THIRD
PARTIES. WE RESERVE THE RIGHT TO
REPORT ANY MALFEASANCE THAT COMES
TO OUR ATTENTION TO THE APPROPRIATE
AUTHORITIES. WE DO NOT GUARANTEE
CONTINUOUS UNINTERRUPTED OR SECURE
ACCESS TO Discount Distributing
SITES. OPERATION OF Discount Distributing
SITES MAY BE SUBJECT TO INTERFERENCE
FROM NUMEROUS FACTORS OUTSIDE OUR
CONTROL. FURTHER, SCHEDULED AND
PREVENTIVE MAINTENANCE AS WELL AS
REQUIRED AND EMERGENCY MAINTENANCE
WORK MAY TEMPORARILY INTERRUPT SERVICES
OR ACCESS TO THE WEBSITE. THE DISCLAIMERS
OF WARRANTY AND LIMITATIONS OF LIABILITY
APPLY, WITHOUT LIMITATION, TO ANY
DAMAGES OR INJURY CAUSED BY THE
FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION
OF OR USE OF ANY ASSET, WHETHER
ARISING OUT OF BREACH OF CONTRACT,
TORTIOUS BEHAVIOUR, NEGLIGENCE OR
ANY OTHER COURSE OF ACTION BY Discount
Distributing.
10.
COPYRIGHTS
Discount
Distributing respects the intellectual
property rights of others, and requires
that the people who use the Discount
Distributing Sites do the same.
It is our policy to respond promptly
to claims of intellectual property
misuse.
If
you believe that your work has been
copied and is accessible on this
site in a way that constitutes copyright
infringement, you may notify us
by providing our copyright agent
with the following information in
writing:
(1)
the electronic or physical signature
of the owner of the copyright or
the person authorized to act on
the owner's behalf;
(2)
identification of the copyrighted
work that you claim has been infringed;
(3)
identification of the material that
is claimed to be infringing and
information reasonably sufficient
to permit Discount Distributing
to locate the material, including
the full URL.
(4)
your name, address, telephone number,
and email address.
(5)
a statement by you that you have
a good faith belief that the disputed
use is not authorized by the copyright
owner, its agent, or the law;
(6)
a statement, made under penalty
of perjury, that the above information
in your notice is accurate and that
you are the copyright owner or are
authorized to act on the copyright
owner's behalf.
If
Discount Distributing receives such
a claim, Discount Distributing reserves
the right to refuse or delete Content
as described under Section 5 hereto,
or to terminate a user's account
in accordance with Section 9.
Our
designated agent to receive notification
of claimed infringement under the
Digital Millennium Copyright Act
OF 1998 ("DMCA") is Rick
Houston, 400 Shearer Blvd, Cocoa,
FL 32922
After
receiving a claim of infringement,
Discount Distributing will process
and investigate notices of alleged
infringement and will take appropriate
actions under the DMCA and other
applicable intellectual property
laws. Upon receipt of notices complying
or substantially complying with
the DMCA, Discount Distributing
will act expeditiously to remove
or disable access to any material
claimed to be infringing or claimed
to be the subject of infringing
activity, and will act expeditiously
to remove or disable access to any
reference or link to material or
activity that is claimed to be infringing.
Discount Distributing will take
reasonable steps to expeditiously
notify the subscriber that it has
removed or disabled access to such
material.
Upon
receipt of a proper counter notification
under the DMCA, Discount Distributing
will promptly provide the person
who provided the initial notification
of claimed infringement with a copy
of the counter notification and
inform that person that it will
replace the removed material or
cease disabling access to it in
ten (10) to fourteen (14) business
days. Additionally, Discount Distributing
will replace the removed material
and cease disabling access to it
ten (10) to fourteen (14) business
days following receipt of the counter
notice, unless Discount Distributing's
designated agent first receives
notice from the person who submitted
the initial notification that such
person has filed an action seeking
a court order to restrain the subscriber
from engaging in infringing activity
relating to the material on the
Discount Distributing system or
network.
You
may provide us with a counter notification
by providing our copyright agent
the following information in writing:
(1)
your physical or electronic signature;
(2)
identification of the material that
has been removed or to which access
has been disabled, and the location
at which the material appeared before
it was removed or access to it was
disabled, including the full URL;
(3)
a statement under penalty of perjury
that you have a good faith belief
that the material was removed or
disabled as a result of mistake
or misidentification of the material
to be removed or disabled;
(4)
your name, address, and telephone
number, and a statement that you
consent to the jurisdiction of Federal
District Court for the judicial
district in which your address is
located, or if your address is outside
of the United States, for any judicial
district in which Discount Distributing
may be found and that you will accept
service of process from the person
who provided the initial notification
of infringement.
14.
GENERAL INFORMATION
The
Terms constitute the entire agreement
between each user and Discount Distributing
and govern each user's use of Discount
Distributing Sites, superseding
any prior agreements. Each user
may be subject to additional terms
and conditions that may apply when
that user uses affiliate services,
third party content or third party
software. The Terms and the relationship
between each user and Discount Distributing
shall be governed by the laws of
the State of California without
regard to its conflict of law provisions
and each party shall submit to the
personal and exclusive jurisdiction
of the courts located within the
county of Santa Clara, California
. If any provision of the Terms
is found by a court of competent
jurisdiction to be invalid, the
parties nevertheless agree that
the court should endeavor to give
effect to the parties' intentions
as reflected in the provision, and
the other provisions of the Terms
remain in full force and effect.
15.
VIOLATIONS
Please
report any violations of the Terms
(except for claims of intellectual
property infringement) to the Discount
Distributing Site Director.