TERMS AND CONDITIONS

Welcome to Booty Luv Fitness’ website! Our website is comprised of web pages operated by Body Luv Fitness LLC (“Body Luv”), including, without limitation, bootyluvfitness.com and bodyluvfitness.com and their subdomains, mobile websites, microsites, mobile applications, information on social media sites and any other digital services or properties operated or used by Body Luv from time to time (collectively referred to as Body Luv’s “Website”).

By accessing or using our Website you agree to comply with and be bound by:

  • These Terms of Use (“Terms of Use”), and
  • Our Privacy Policy (“Privacy Policy”)

    In these Terms of Use:

    • “We/us/our” means Body Luv
    • “You/your/user” means the person accessing or using our Website

Please read these Terms of Use and our Privacy Policy carefully. Use of Body Luv’s Website is conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use constitutes your agreement to all such terms, conditions, and notices. If you do not agree to these Terms of Use and our Privacy Policy, you must immediately terminate use of our Website.

SHIPPING AREAS

Continental US for rates listed on website, $10 shipping for Alaska and Hawaii.

CANCELLATION POLICY

Month to month subscriptions can be cancelled at any time, but WILL AUTO-RENEW on the subscribers credit card unless they cancel. When people sign up for the month to month membership, that needs be really clear to users. 6 month and 1 year members pay the either $60 (6 month) or $99 (yearly), which DOES NOT auto-renew and there are NO REFUNDS for these memberships.

RETURNS AND EXCHANGE

Returns/exchanges for a different size in apparel are permitted, but customer must pay shipping (if it's shipped in the first place v. "local pick up"). No refunds on apparel or written programs.

CHANGES TO TERMS OF USE

Booty Luv reserves the right to change the terms, conditions, and notices under which our Website is offered, including, but not limited to, changes associated with the use of our Website and these Terms of Use.

LINKS TO EXTERNAL SITES

Our Website may contain links to other external web sites (“Linked Sites”). These Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including, without limitation, any link provided by a Linked Site or any changes or updates to a Linked Site. We are providing these links to you as a convenience and the inclusion of any particular link does not imply our endorsement of the Linked Site or any association with its operators.

PHYSICAL FITNESS AND ASSUMPTION OF RISK

You should consult a physician before beginning any exercise routine or making changes to your diet. You represent and warrant that you are in sufficiently good physical condition so as to be able to safely participate in any activity mentioned or demonstrated on our Website or any Linked Sites. You acknowledge that there are certain risks inherent in any athletic activity and you agree to assume all such risks in connection with any activity mentioned or demonstrated on our Website or any Linked Sites. On behalf of you and your representatives, successors, heirs and assigns you release, hold harmless and waive the right to bring any claim against Booty Luv, or any of its employees, agents, other representatives or third parties, arising from or related to participation in any activity mentioned or demonstrated on our Website or any Linked Sites, including, without limitation, claims for any injury, death, property damage or loss, even if caused by the negligence of Body Luv or any of its employees, agents, other representatives or third parties.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of Body Luv’s Website, you warrant that you will not use our Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use our Website in any manner that could damage, disable, overburden, or impair our Website or interfere with any other party’s use and enjoyment of our Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Website.

TRADEMARKS AND INTELLECTUAL PROPERTY

BODY LUV™, SEXXXERCISE™, SHAPE WHAT YOUR MAMA GAVE YA™, BOOTY BREAKDOWNS™, BOOTY LUV®, and all other trade or service marks, logos, products and services described on our Website, are either trademarks, service marks or registered trademarks of Body Luv or its authorized agents and may not be copied, imitated or used, in whole or in part, without our prior written permission. Our trademarks, service marks and trade dress may not be used in any manner that is likely to cause confusion to the public or in any manner that disparages or discredits Body Luv. All other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on our Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

USE OF COMMUNICATION SERVICES

Our Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication means designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use any Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. For example, you agree that when using Communication Services, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of someone else’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys or contests unless such Communication Service specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying Communication Services.
  • Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Booty Luv has no obligation to monitor any Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. We reserve the right to terminate your access to any Communication Service at any time without notice for any reason whatsoever.

We reserve the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, to refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children using any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, consequently, we specifically disclaim any liability with regard to the use of Communication Services and any actions resulting from your participation in any Communication Service. Communication Services moderators or hosts are not our authorized spokespersons and their views do not necessarily reflect those of Booty Luv.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download any such materials.

LICENSE TO USE MATERIALS SUBMITTED TO BODY LUV

We do not claim ownership of any materials that you provide to us (including feedback, endorsements, testimonials, or suggestions) or that you post, upload, input or submit to our Website or any associated services (collectively “Submissions”). However, by posting, uploading, inputting, or providing Submissions you grant us, and any of our affiliates and necessary sub- licensees, permission to use your Submission in connection with the operation of our business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions, and to publish your name and likeness in connection with your Submissions.

No compensation will be paid with respect to the use of your Submissions. We are under no obligation to post or use any Submission that you provide and we may remove any Submissions at any time in our sole discretion.

By posting, uploading, inputting, or providing any Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to post, upload, input or provide your Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH BODY LUV’S WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN OUR WEBSITE AT ANY TIME. ADVICE RECEIVED VIA OUR WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, OR HEALTH DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION IN THOSE CIRCUMSTANCES.

BODY LUV AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OUR WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BODY LUV AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

BODY LUV’S LIABILITY IS LIMITED IN ACCORDANCE WITH THE OREGON TORT CLAIMS ACT AND THE OREGON CONSTITUTION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BODY LUV AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR WEBSITE, WITH THE DELAY OR INABILITY TO USE OUR WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH OUR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE.

TERMINATION OF ACCESS TO BODY LUV’S WEBSITE

We reserve the right, in our sole discretion, to terminate your access to our Website and related services or any portion thereof at any time, without notice.

GENERAL TERMS

To the maximum extent permitted by law, the laws of the State of Oregon, in the United States of America, govern this agreement and you hereby consent to the exclusive jurisdiction and venue of courts in Multnomah County, Oregon for all disputes arising out of or relating to the use of Body Luv’s Website. Use of our Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Body Luv as a result of this agreement or use of our Website.

Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our Website or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable under applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Body Luv with respect to our Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the you and us with respect to our Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

Effective as of April 12, 2015