STORE POLICY

Welcome to the Body ROC clothing LLC, website. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The following rules ("Terms of Use") govern the use of each of the websites located at, or linked to, the URLs www.bodyroc.clothing, and the use of any of our co-branded websites that we maintain with one or more of our business partners (which website contains a link to these Terms of Use) and the services that may be offered on each of the sites; our affiliate program(s) and corporate accounts; the ability to order products and receive newsletters and promotional emails; and any related links ( the "Sites") or mobile applications (the "Apps") (collectively the "Services"). The Sites, Apps and Services are provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Services (the "Agreement").

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Your use of the Services signifies your consent to these terms of use. If you do not agree to these terms of use, please do not use the Services. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Services following the posting of changes to these terms (including our Privacy Policy), subject to our procedures for material changes to our Privacy Policy will mean you accept those changes.

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Restrictions on Use of Services Content

Unless otherwise noted, the Services, and all materials on the Sites or Apps, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Content"), are owned, controlled, lawfully used, or licensed by Body ROC clothing LLC, its subsidiaries, or its affiliates (referred to as “Body ROC”, "we," "us," or "our" herein).  In addition, the trademarks for third party products available on the Sites or Apps are owned by third parties and lawfully used by Body ROC on the Services.

The Services and the Content are intended solely for personal, non-commercial use. No right, title or interest in any downloaded Content is transferred to you as a result of any downloading or copying from the Services. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Services. Absolutely no framing of the Sites or Apps is permitted without the prior written consent of Body ROC. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.

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Right to Change Sites and Apps

We reserve the right to modify, suspend or discontinue the Services or any service, content, feature or product offered through the Services, with or without notice, at any time and in our sole discretion.  You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any service, content, feature or product offered through the Services.

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Memberships

First time visitors to the site will be asked to subscribe to our membership newsletter. This membership's sole purpose is to update our customers of any up-coming events, sales/discounts, or changes to our site or services. Your information given when signing up remains confidential and will not be disclosed to any third party. The only exception is Law Enforcement agencies. Upon request with legal paperwork, we will cooperate with law enforcement to investigating any unlawful activity involving our website. Cooperation may include disclosure of customers personal information to those agencies.

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User Comments, Feedback, and Other Submissions

If you send certain specific submissions (for example contest entries) or you post comments, photographs, videos, audio, or other content or send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Content"), you agree that Body ROC may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Body ROC in perpetuity.  Body ROC is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.  Body ROC has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You are solely responsible for any Comments you make and their accuracy. Body ROC takes no responsibility and assumes no liability for any Comments posted by your or any third party.  You agree to indemnify Body ROC for any third party claims against Body ROC relating to or arising out of your Comments.

Unless otherwise specified on a particular Site or App, you may only post Content to the Services if you are a resident of the United States and are thirteen (13) years of age or older. If you are a minor, you must have permission from your parent or legal guardian before you post any Content to the Services. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person's parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Body ROC. You may not post or distribute Content that is illegal or that violates this Agreement. By posting or distributing Content to the Services, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Services and (b) the Content does not and will not infringe any copyright, trademark, right of publicity, or any other third-party right nor violate any law or regulation.

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You are solely responsible for anything you may post on the Services and the consequences of posting anything on the Services

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Content Posted by Third Parties

Body ROC is not responsible for, and does not endorse, Content in any posting made by other users on the Services. Under no circumstances shall Body ROC be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Services. If you become aware of misuse of the Services by any person, please contact Body ROC clothing LLC by emailing questions@ bodyroc.clothing@gmail.com. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

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Use of Services

Impersonation of others, including a Body ROC clothing LLC employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Services or use the Services to solicit others for any other commercial online service or other organization.

You may not without the prior written permission of Body ROC, use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on the Sites or Apps, or accessed through this Site or App or any of the Services. You may not engage in the mass downloading of files from the Services; use the computer processing power of the Services for purposes other than those permitted above; or flood the Services with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to the Services without the prior written consent of Body ROC.

Body ROC reserves the right, but is not obligated, to do any or all of the following:

• Investigate an allegation that any Content posted on the Services does not conform to the Terms of Use under this Agreement and determine in its sole discretion to remove or request the removal of the Content;

• Remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use or this Agreement;

• Terminate a user's access to the Services upon any breach of these Terms of Use or this Agreement;

• Monitor, edit, or disclose any Content on the Services; and

• In Body ROC sole discretion and without cause, it may edit or delete any Content posted on the Services, regardless of whether such Content violates these standards or this Agreement.

 

Copyright Complaints

If you believe any Content on the Services infringes on your copyright, you may request removal of such Content (or access thereto) from any of the Services by contacting Body ROC as set forth below and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL or page within the App) of an authorized version of the work.

• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

• Your name, address, telephone number, and e-mail address.

• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

• A signature or the electronic equivalent from the copyright holder or authorized representative

Email all correspondence to bodyroc.clothing@gmail.com

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Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Services that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites or Apps is inaccurate at any time without prior notice (including after you have submitted your order). We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

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Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Body ROC be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use the Services or the performance of the widgets or products, even if Body ROC or authorized representatives of Body ROC have been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Body ROC total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing the Services.

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Indemnification

As a condition of use of the Services, you agree to indemnify, defend, and hold harmless Body ROC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the Services, Apps or any Widget, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.

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Product Orders

All orders placed through the Services are subject to Body ROC acceptance. Body ROC may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment method has already been charged for an order that is later cancelled, Body ROC shall issue you a refund.

You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through any of our Sites. You agree not to use any of our Sites or any content contained in it for any illegal or inappropriate activities.