Refresh Body - Wellness wherever you go. Yoga, Massage, Pilates, Mindfulness and more

Terms of Use Agreement

This Terms of Use Agreement sets forth the standards of use of the Refresh Body Web Sites. By using the Refreshbody.com Web site you (the "Visitor") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at RefreshBody.com Web site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Refresh Body, LLC is providing Visitor with information about its products and services along with the ability to purchase packages, book services, purchase gift cards, find practitioners in their area, view practitioner information, request information, complete customer satisfaction surveys, and apply for job openings. Visitor must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Visitor's access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties.

The site is provided by Refresh Body, LLC on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Refresh Body, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Refresh Body, LLC shall have no liability for any interruptions in the use of this Web site. Refresh Body, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER Refresh Body, LLC NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

3. Limitation of Liability

REFRESH BODY, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR REFRESH BODY, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF REFRESH BODY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

IN ALL CASES, Refresh Body, LLC, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Refresh Body, LLC and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

4. Indemnification

Visitor agrees to indemnify and hold Refresh Body, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Visitor's use of the Service, the violation of this Agreement, or infringement by Visitor, or other user of the Service using Visitor's computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

Refresh Body, LLC reserves the right to modify or discontinue the Service with or without notice to the Visitor. Refresh Body, LLC shall not be liable to Visitor or any third party should Refresh Body, LLC exercise its right to modify or discontinue the Service. Visitor acknowledges and accepts that Refresh Body, LLC does not guarantee continuous, uninterrupted or secure access to our Web site and operation of our Web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our Web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Visitors to review said privacy policies of third-parties' sites.

7. Disclaimer Regarding Accuracy of practitioner

Information, Hours of operation, services provided and other information have either been provided by the practitioners or collected from publicly available sources. While Refresh Body, LLC makes every effort to ensure that the information on this Web site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Web site.

8. Governing Jurisdiction of the New York Courts

Our Web site is operated and provided in the State of New York. As such, we are subject to the laws of the State New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State New York.

9. Compliance with Laws

Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Visitor may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2013 Refresh Body, LLC, with all rights reserved, or is the property of Refresh Body, LLC and/or third parties protected by intellectual property rights. Any use of materials on the Web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Refresh Body, LLC is strictly prohibited. Visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Refresh Body, LLC.

Refresh Body™ and RefreshBody.com are proprietary marks of Refresh Body, LLC. Refresh Body, LLC's trademarks may not be used in connection with any product or service that is not provided by Refresh Body, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Refresh Body, LLC. All other trademarks displayed on Refresh Body, LLC's Web site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Refresh Body, LLC.

11. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Refresh Body LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Email: [email protected]

12. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Refresh Body, LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Visitor. Refresh Body reserves the right to deny service, revoke credits, void gift cards, cancel promotions to any customer with or without prejudice. Visitor agrees that by accepting this Terms of Use Agreement, Visitor is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

13. Whil RELATIONSHIP

Whil is a digital platform for the mind and body. Whil is an investor in Refresh. As a Refresh member, users may receive updates or discount offers related to the Whil services. Refresh members may opt out of such messages at any time. Refresh makes no guarantee or warranties related to Whil technology or services. Interested users should visit whil.com to see their terms & conditions.

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