TERMS OF USE
ACCEPTANCE OF TERMS THROUGH USE
Bycore Inc., and our subsidiaries and affiliates (collectively, “BodyFulcrum”, “Bycore”, “Bycore Response”, “BycoreGlide”, BycorePress”, “we” or “us”) provide a variety of products, services, content, and features through our websites (including Bycoreinc.com, BycoreResponse.com, BycoreGlide.com, and Bodyfulcrum.com) (the “Sites”), and through certain Bycore ® and/or BodyFulcrum ® and/or Bycore Response™ and/or The Body You Want, The Power You Need® controlled social media pages (including on Facebook, Instagram and Twitter) (collectively, the “Service”). By using the Service, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use (“Terms”) please do not use the Services. Bycore reserves the right to change these Terms, and your continued use of the Service constitutes agreement to all such changes. Please check the Terms periodically for changes.
If you engage with us through a social media platform these Terms are in addition to any terms and conditions governing the relevant social media platform. We have no liability or responsibility for the third party content, products or services available on any social media platform or the actions or inactions of any social media platform or any other user of such social media platform.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The
contents of the Service are for informational purposes only and do
not constitute medical advice. The content is not intended to be a
substitute for professional medical advice, diagnosis, or treatment.
Always seek the advice of a physician or other qualified health
provider with any questions you may have regarding a medical
condition. Never disregard professional medical advice or delay in
seeking it because of something you have read on the Service.
In
the event of a medical emergency, call a doctor or 911 immediately.
Bycore does not recommend or endorse any specific tests, physicians,
procedures, opinions, or other information that may be mentioned on
the Service. Reliance on any information provided by the Service is
solely at your own risk.
PRODUCT DESCRIPTIONS
Bycore attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content available on the Service is accurate, complete, reliable, current, or error-free.
YOUR USE OF THE SERVICE
The Service is intended for personal, non-commercial use. We grant you a limited non-transferable, non-exclusive, revocable license to access and make personal use of the Service for your own personal, non-commercial purposes. You may print, copy and download any content available on the Service for your personal use only. This license does not include any resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Service or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools without our express written consent.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any portion of the Service, except for the purposes expressly provided herein, without our prior written approval. You may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted hereunder. You are granted a limited, revocable, and nonexclusive right to create a hyperlink(s) to the home page(s) of the Sites so long as the link does not portray us or the Service in a false, misleading, derogatory, or otherwise offensive matter.
Unauthorized use of the Service, including, but not limited to, unauthorized entry into Bycore systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use the Service in any manner that could damage, disable, overburden, or impair any of the Service or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Services or computer systems or networks connected the Service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to the Service that are contrary to applicable laws or regulations.
INTERNATIONAL USE
The Service is controlled and operated from the United States of America. If you access the Service from a location outside the United States of America, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Bycore makes no representation that materials on the Service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws.
INTELLECTUAL PROPERTY
You acknowledge that Bycore owns all rights, title, and interest in and to the Service, including all intellectual property rights (the “Bycore Rights”). Bycore Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
“BYCORE®”, “BODYFULCRUM® ”, “BYCORE RESPONSE™”, and “THE BODY YOU WANT THE POWER YOU NEED®” and any other product or service name or slogan contained on the Service are trademarks and/or service marks of Bycore. You are prohibited from using any such marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of Bycore.
All rights not expressly granted in these Terms are reserved.
SUBMISSIONS
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, testimonials, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Service, Bycore, or other products or services that are provided by you to Bycore are non-confidential and shall become the sole property of Bycore. Bycore will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Bycore and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
PRIVACY
For information about our data practices, please see our Privacy Policy. By accessing or using the Service, you agree that we can collect and use your information in accordance with the Privacy Policy.
DISCLAIMER
BYCORE DOES NOT PROMISE THAT THE SERVICE OR ANY CONTENT, SERVICE OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. BYCORE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BYCORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BYCORE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BYCORE FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Bycore reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Service, or any portion of the Service, for any reason; (2) to modify or change the Service, or any portion of the Service, and any applicable policies or terms; and (3) to interrupt the operation of the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Any dated information is published as of its date only, and we do not undertake any obligation or responsibility to update or amend any such information.
LIMITATION OF LIABILITY
In no event will Bycore or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Service, even if Bycore has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Bycore is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service or any content, Bycore’s liability will at all time be limited to the lesser of the amount paid, if any, by you to Bycore or US$50.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you. In such states, our liability is limited to the greatest extent permitted by law.
INDEMNIFICATION
You agree to indemnify and hold Bycore, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Bycore by any third party due to or arising out of or in connection with your use of the Site.
GOVERNING LAW
You agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflicts of law, will govern these Terms of Use and any dispute of any kind that might arise between you and Bycore.
DISPUTE RESOLUTION; BINDING ARBITRATION
You and Bycore agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
If the Parties are unable to resolve a dispute through informal negotiations, you agree that any dispute concerning, relating, or referring to these Terms of Use, Privacy Policy and/or the Service shall be resolved exclusively by binding arbitration in Boston, Massachusetts according to the then existing commercial rules of the American Arbitration Association. Such rules are available at the AAA website www.adr.org. Such proceedings will be governed by substantive (but not procedural) Massachusetts law.
Notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Suffolk County, Massachusetts in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of the right to arbitrate. If for any reason a dispute proceeds in court rather than arbitration, you consent to the exclusive jurisdiction and venue in the courts of Suffolk County, Massachusetts, and hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to said jurisdiction and venue.
ENTIRE AGREEMENT
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Bycore and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Bycore and you regarding the Service.
SEVERABILITY
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
QUESTIONS
For questions regarding the Service please contact Bycore Customer Service at [email protected].
For questions regarding these Terms, please contact our legal department at:
Bycore Inc.
Attn: Legal Department
69 Davis Straits
Falmouth, MA 02540
Terms of Use last modified on Nov. 28, 2021.