Terms and Conditions
- THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE. Information on this website is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other health-care professionals. You should not use the information on this website for diagnosing or treating a health problem or disease or prescribing any medication or other treatment. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site.
- We do not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our consultants, dietitians, our employees, and others appearing on Site (at our invitation or other visitors to the Site) is at your own risk. The site is intended for healthy adults only. Subscribers must be 18 years or over.
- The use of this website does not create a professional-client relationship (including the relationship between Subscribers and Registered Dietitians or Nurses). Information provided on this web site and the use of any products or services purchased from our web site by you DOES NOT create a doctor-patient relationship between you and any of the consultants affiliated with our web site.
- If you have or suspect that you have a medical problem, promptly contact your healthcare provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this web site.
- Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare professional prior to use if you have or suspect a medical condition, are taking prescription drugs, or are pregnant or lactating.
- You should always speak with your physician or other healthcare professionals before taking any medication or nutritional or herbal supplement or adopting any treatment for a health problem.
- You should carefully read all product packaging and instructions for any products or services purchased from this Site.
- Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND BODY CINCHSATION THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
- Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 17(f) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
- Who May Use the Service?
(a) Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Genetics Lifestyle LLC dba Body CINCHsation and are not barred from using the Services under applicable law.
(b) Registration and Your Information. You’ll have to create an account if you want to use certain features of the Services (“Account”), such as register for certain promotions that we may offer from time to time, post a product review, or become a Body CINCHsation member. You can do this via the Site. You agree not to use the Site for any of the following purposes
• Posting any information which is inaccurate, untrue
• Posting information that is not your own
• Posting or communicating any material that infringes on any intellectual property or privacy right of another person or entity
• Engaging in conduct that would constitute a criminal offense
• Engaging in conduct that would give rise to civil liability
• Engaging in conduct that would violate any law or regulation
• Attempting to interfere in any way with the Site’s or Body CINCHsation’s network security
(c) Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
- Feedback. We welcome feedback, comments, and suggestions for improvements to the Services and Products (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
- Purchase of Products. You may purchase products in our online store accessible on the Site. All Products, specifications, and prices described on the Site are subject to change at any time without notice.
(a) Payments. When you purchase a product and make a payment via the Site (each such purchase, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
(b) Prices. Prices for the Products may be displayed in US dollars or in the local currency, depending on the location from which you access the Site.
(c) Shipping. Products purchased via the Site will be shipped to the address you designate as the shipping address during the check-out process. Shipping restrictions apply (please visit www.bodycinchsation.com/shipping for more information). Genetics Lifestyle LLC dba Body CINCHsation is not responsible for taxes and/or duties or any brokerage and/or delivery fees and/or return postage applied to international shipments. We recommend that you contact your customs office to inquire about import regulations before placing an order. Body CINCHsation will not be liable for packages refused or held for delivery. Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that can’t be delivered due to an address error, or orders seized by Customs.
(d) Returns. You may return Products that you purchase via the Site in accordance with Body CINCHsation’s return policy available on the Site (please visit www.bodycinchsation.com/help/shipping for more information).
(e) Warranty. The Products are covered by a limited warranty as described in the Warranty Terms.
6.1 Commercial Transactions
The services offered by Genetics Lifestyle LLC dba Body CINCHsation are subscription-based services. When you open a subscription-based account, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Body CINCHsation reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers.
Your subscription will be automatically renewed and your credit card will be automatically charged, depending upon the billing terms for your account, for as long as you remain a Subscriber. You agree that Genetics Lifestyle LLC dba Body CINCHsation will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged.
Your right to use the Service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this Agreement and all Genetics Lifestyle LLC dba Body CINCHsation obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
Genetics Lifestyle LLC dba Body CINCHsation has two subscription plans: Monthly and 3 months. If you select a monthly plan, you can cancel at any time. If you select a 3-month plan, you can make changes to your shipment at any time, but if you cancel before the period is up we will charge your account for the amount of any plan savings accrued up until that point.
In the event that you elect to terminate your Genetics Lifestyle LLC dba Body CINCHsation subscription, please follow the instructions signaled on the website. In case of further correspondence, email email@example.com
If you have any questions regarding your supplements or your supplement/package order, you may email firstname.lastname@example.org which can receive messages 24/7. If it is an emergency, please call 911.
- Offer Codes; Spokespeople; Refer-a-Friend Program.
(a) Offer Codes. From time to time, Body CINCHsation may offer promotional or offer codes that are redeemable towards a purchase of Products on the Site, subject to expiration dates, minimum purchase order, Product exclusions, and any other restrictions as may be determined and communicated by Body CINCHsation in its sole discretion (“Offer Codes”). Only valid Offer Codes provided by Body CINCHsation will be honored by Body CINCHsation. Each Offer Code offered by Body CINCHsation(i) is non-transferable, (ii) is valid for one single purchase on the Site, (iv) cannot be redeemed for cash or any cash equivalent. Offer Codes cannot be used towards the purchase of non-Body CINCHsation branded merchandise, taxes, or shipping charges. Genetics Lifestyle LLC dba Body CINCHsation is not responsible for any unauthorized use of Offer Codes. The monetary value of the Offer Code will not be refunded or credited back if the Product purchased using the Offer Code is returned. Offer Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited.
(b) Certificate Codes
From time to time Body CINCHsation may issue certificates. Certificates are coupons for discounts off future purchases and may be redeemed only for a discount off purchase amounts equal to or greater than the specified amount before other discounts applied. Certificates are not transferable and may be used only by the member to whom issued. Certificates may be used in conjunction with most other discounts or offer toward the purchase of products, not to exceed the purchase amount. Unless noted otherwise on the certificate, each certificate will expire 30 days from the issuance date. Certificates have no cash value and no change will be given for certificate redemption. Certificates are not retroactive and price adjustments will not be issued to orders placed prior to the date issued. Certificates may be used only once. Certificates expire at 11:59 p.m. PT on the expiration date shown on the reward certificate. This offer is subject to change without notice.
(c) Offer Codes from Spokespeople. From time to time, Body CINCHsation may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of our brand. If you receive an Offer Code from a third-party source, please note that such individual may have been compensated by Body CINCHsation for his or her statements.
(d) Refer A Friend Promotion Terms:
Body CINCHsation may provide you referral credits (“Referral Credits”) when you invite your friends to make a qualifying order on www.bodycinchsation.com (“Credit-Eligible Orders”) using your applicable referral code. Referral Credits may be awarded to you when your friends make their first purchase of a qualifying Subscription. Referral Credits are granted in Genetics Lifestyle LLC dba Body CINCHsation sole discretion. In order for you to be eligible to receive Referral Credits for friends making new Credit-Eligible Orders, the new friend must use the referral code Body CINCHsation provides to you and make a first-time purchase on bodycinchsation.com of US $50+ or as applicable. Referral codes will not be applied to subsequent automatically renewed orders and are void where prohibited.
Referral Credits are loyalty or promotional discounts or credits offered by Body CINCHsation and do not constitute an account, a payment instrument, or other property owned by any Body CINCHsation user. Any person that receives credits, coupons, prizes or other benefits from Genetics Lifestyle LLC dba Body CINCHsation by posting to coupon sites, comment sections on third party sites, using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct as determined by Body CINCHsation, shall forfeit any credits, coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law. Body CINCHsation reserves the right to deactivate your referral code at its sole discretion. If your account has not been active for six (6) consecutive months, any Referral Credits you may have earned will expire at that time.
Genetics Lifestyle LLC dba Body CINCHsation reserves the right to cancel the Referral Program or to change the Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time. Body CINCHsation reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Referral Program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is prohibited. Any distribution of your referral code that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account, revocation of Referral Credits and exclusion from the Referral Program.
- Content Ownership, Responsibility and Removal.
(a) Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) “User Content” means any Content that Site visitors (including Account holders) provide to be made available through the Services, including product reviews. User Content also includes Content that explicitly refers to Body CINCHsation, the Products, or the Services that you submit or make available through third-party websites or platforms (“SNS User Content”). Genetics Lifestyle LLC dba Body CINCHsation has no obligation to make any User Content available on the Site.
(b) Our Content Ownership. Genetics Lifestyle LLC dba Body CINCHsation does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Genetics Lifestyle LLC dba Body CINCHsation and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
(c) Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to Body CINCHsation a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Site visitors. In addition, you hereby grant to Genetics Lifestyle LLC dba Body CINCHsation a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your SNS User Content in connection with operating and providing the Services and Content to you and to other Site visitors, subject to the terms and conditions of the third-party website or platform to which the SNS User Content was submitted.
(d) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Body CINCHsation on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(e) Rights in Content Granted by Body CINCHsation. Subject to your compliance with these Terms, Body CINCHsation grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
(f) Sponsored Content. From time to time, Body CINCHsation may make available through the Services Content that is sponsored by third parties.