Terms of service

Please read carefully the following Terms and Conditions of Use before using this website. 

By using this website, accessing the services (“Services”) or purchasing products from BB Body, Inc.  you (hereinafter "you," "your") agree to accept and adhere to the following Terms and Conditions of Use. If you do not agree with all of the Terms and Conditions of Use, then you should not use this website. 

BB Body reserves the right to modify these Terms and Conditions of Use at any time. Your continued use of this website constitutes acceptance of revisions to the Terms and Conditions of Use that might be made, so please check this page regularly. 

These Terms and Conditions of Use apply to you. 

  1. Availability of the Services

We make no representations and provide no warranties that: (i) the Services will be made available at any time or from any specific geographical location; (ii) your access to the Services will be continuous or uninterrupted; or (iii) the Services will be accessible or optimized on all browser, computers, tablets, phones or viewing platforms.  We reserve the right to suspend access to all or part of the Services for any reason, including for business or operational reasons, such as improving the appearance or functionality of the Services, content updates, periodic maintenance, or to resolve any issues of which we become aware. The Services are provided for users in the United States. Although it may be possible to access the Services from other countries, we make no representation that the Services are compliant with any legal requirements in force in any jurisdiction other than United States, or that the content available on the Site will be appropriate for users in other countries.

  1. No Professional Advice

Any information supplied through the Services or by any employee or agent of  BB Body, whether by telephone, e-mail, letter, facsimile or other form of communication, is for educational purposes or general guidance on the use of the Services, and does not constitute medical, legal, tax, accounting or other professional advice. Health-related information provided through the Services is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or health care practitioner. The information provided through the Services and on the Site does not replace the relationship that exists between you and your physician. You should not use the information on this site for diagnosing or treating a health problem or disease. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site.  The receipt of any questions or feedback you submit to BB Body does not create a professional relationship and does not create any confidentiality privileges beyond those described in our Privacy Policy at www.longevitybybrookeburkebody.com

  1. Online Product Purchases

(a) Product Purchases. You may purchase products available on www.longevitybybrookeburkebody.com. All products, specifications, descriptions, and prices are subject to change at any time without notice. Your purchase is subject to these Site Terms of Use and the Privacy Policy. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 

We reserve the right to request the product be shipped back to us in its original packaging at the customer’s expense  and we do not assume responsibility for lost or misdirected returns. Please note that clearance items, as well as short-dated and expired product are not eligible for an exchange or refund.

  1. Product Use

Regulations for product use are established by country. Information contained on this site pertains only to United States, and is not intended to provide adequate information for product use. Before using any product, read and carefully observe the directions on the label.  

  1. Links to Third-Party Services

The Services may contain links to other services ("Linked Services"). The Linked Services are not under the control of BB Body, and BB Body is not responsible for the content of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. BB Body is providing Linked Services to you only as a convenience, and the inclusion of such Linked Services is not an endorsement by BB Body in favor of any company offering Internet services, products or services on the Linked Services.

  1. Copyright Rights

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the site, and the selection, coordination, and arrangement of such content, are owned by BB Body or its affiliates, subsidiaries or third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Services for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of BB Body or any third party.

The Service and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Services is strictly prohibited, without the prior written consent of BB Body. 

  1. Trade and Service Mark Rights

All rights in the product names, company names, trade names, logos, product packaging and designs of all BB Body or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to BB Body or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of BB Body or any third party. 

The "Content" refers to the photo(s), video(s), story(ies), caption and comments you posted on Facebook, Twitter, Instagram or Pinterest ("Social Media") described in the message we sent referring you to these UGC Terms of Use.  In addition, the Content may include your responses to questions we sent you in a message regarding your use of our products, any photos or videos you provide directly to us, as well as any product reviews you posted on Social Media or provided directly to us.

By responding to our message with the requested hashtag or response, you agree that we may use your Content in accordance with these UGC Terms of Use.

You represent and warrant that:

  • You are at least eighteen (18) years of age or are legally considered an adult in the State or Country where you reside;
  • You have full power and authority to agree to these UGC Terms of Use;
  • The Content is your own original creation, you did not take the Content from another website, social media posting or elsewhere, and the Content does not contain anything that violates the rights of any person or entity;
  • The Content does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or us;
  • The Content does not contain anything illegal, defamatory, obscene or offensive;
  • You have permission from any person(s) appearing in the Content to provide us with the rights to use the Content as described in these UGC Terms of Use;
  • Your upload or post of the Content does not violate any applicable laws or the terms or requirements of the Social Media platform(s) where you uploaded or posted the Content;
  • Our use of the Content as described in these UGC Terms of Use will not violate the rights of any person or entity and will not violate any law;
  • You confirm and agree that Our use of the Content as described in these UGC Terms of Use does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity; and
  • You have read and you agree to comply with all of the terms and conditions in these UGC Terms of Use.

You grant us an irrevocable and unlimited right and license to use the Content (and to allow others to use the Content) including allowing us to feature your name, social media handle, accompanying text, and any images, without the payment of any royalty. You agree that you shall never withdraw this permission and license to use the Content. We may use the Content for any business purpose on our websites and social media pages, and in our digital newsletters, and any other online, digital marketing material and in any new media or technology that becomes available later in time, throughout the world, for an unlimited time. You agree that we may use, copy, modify, alter, edit, publish, create new derivative works from, make available and display the Content (or any part of the Content) and related content, and include the Content (or any part of the Content) into other works, for any business related purposes, including but not limited to promotional and marketing purposes. You also grant us the right, at our sole choice, to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the Content. You agree that we have no obligation to use the Content or your name or other identifying information.

You confirm that you have the consent or permission of any other person or entity that is required for our use of the Content as described in these UGC Terms of Use, including but not limited to: (a) any person who appears or performs in the Content, and (b) any person or entity who owns any rights in the Content or anything that appears in the Content. You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to Copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the Content and the rights you are granting us under these UGC Terms of Use.

You irrevocably and unconditionally waive (and agree not to enforce) all rights in the Content, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world.

If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us under these UGC Terms of Use. Whether we choose to use the Content or not is solely our choice. We have no obligation to use the Content and we may remove or stop using any Content at any time, for any reason. Use of the Content does not imply our endorsement of or any affiliation with you.

We will use any personal data we receive in connection with our use of the Content in accordance with these UGC Terms of Use and in accordance with our privacy policy at ______________

If you believe that the Content has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 and the instructions provided in theseTerms of Use.

You shall be liable for and shall indemnify us against any and all claims, actions, liabilities, losses, damages, expenses (including reasonable legal expenses) incurred by us which arise directly or indirectly from a breach by you of your obligations, representations or warranties under these UGC Terms of Use.

These UGC Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without our prior written consent. We may assign our rights and obligations under these UGC Terms of Use to any other person, in whole or in part, without consent.

A failure by us to exercise and any delay, forbearance or indulgence by us in exercising any right, power or remedy under these UGC Terms of Use (in whole or in part) shall not operate as a waiver of that right, power or remedy or preclude its exercise at any subsequent time or on any subsequent occasion. A person not a party to these UGC Terms of Use has no right to enforce any of these terms.

These UGC Terms of Use contain all the terms agreed between us regarding the Content and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

  1. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS." BB BODY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICE, OR OTHER CONTENT OR WEBSITES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. BB BODY DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BB BODY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY BB BODY OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

BB BODY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

  1. Limitation of Liability

IN NO EVENT WILL BB BODY OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE SERVICES OR ANY LINKED SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE.

BB BODY RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS SERVICE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE LIMITATIONS APPLY EVEN IF BB BODY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BB BODY'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  1. Indemnification

Upon a request by BB Body, you agree to defend, indemnify and hold harmless BB Body and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms of Use or your violation of any rights of another.

  1. No Waiver

The failure of BB Body to enforce any provisions of these of Terms of Use or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

  1. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BB Body as a result of these Terms of Use or your use of the Services. Nothing contained in these Terms of Use is in derogation of BB Body's right to comply with governmental, court and law enforcement requests or requirements relating to your use of these Services or information provided to or gathered by BB Body with respect to such use. A printed version of these Site Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Site Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and BB Body.

BB Body may, in its sole discretion, revise its Internet policy at any time. 

Any failure or delay by BB Body in enforcing any provision of its Internet policy will not be considered a waiver of such provision and will not prevent BB Body from enforcing the provision at a later date. 

Copyright / Trademarks

Except where otherwise indicated, all materials presented on BB Body's website are the intellectual property of BB Body, Inc. 

The BB Body logo and the names of various products offered by BB Body are trademarks of BB Body, Inc., including “Brooke Burke, Longevity by Brooke Burke, Brooke Burke Body and Longevity by Brooke Burke Body. 

No rights are granted to use, copy, and distribute the materials presented on this website without permission; all copyright, trademark, or any other proprietary notice appear in all copies in the same manner as the original. You must not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of this website's content, or frame this website within any other website, without the prior written permission from BB Body. 

Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database, or directory, without prior written permission from BB Body, is prohibited. Linking from another website to any page in this website is prohibited without the prior written permission from BB Body. 

Products

The information and descriptions presented on BB Body website known as -longevitybybrookeburkebody.com are intended as general information, and are not necessarily complete descriptions of every product, indication for use, or contraindication for use. 

No statements regarding any products have been evaluated by the Food & Drug Administration. No product is not intended to diagnose, treat, cure, or prevent any disease.

Third-Party Websites

This website may contain links to other websites ("third-party websites") that are not maintained by BB Body. These links are provided solely for your convenience. BB Body makes no warranties or representations about the content of any products or services offered by, or the intellectual property compliance of, any third-party website. BB Body recommends you take the time to read the privacy policy and the terms and conditions of use of any third-party website. 

Privacy Policy

Please review our Privacy Policy at longevitybybrookeburkebody.com, which also governs your visit to BB Body's websites. 

Personal Security Code Registrations

Some portions of some the BB Body website are restricted and require a user id (“User ID”) an password ("Password") for access. Unauthorized use of or access of such restricted portions of our websites is prohibited. 

In accessing portions of BB Body websites requiring a User ID and Password, you agree that BB Body is entitled to act on instructions received under your User ID and Password and that BB Body is not liable for any unauthorized access to your personal information that is not the direct result of gross negligence or intentional misconduct on the part of BB Body. 

You must keep your User ID and Password confidential and you should notify BB Body promptly if you believe anyone else has obtained your User ID and Password or if any unauthorized access to the restricted portions of BB Body's websites has occurred or may occur. BB Body may block access to the restricted portions of its websites without prior notice if we believe your Password is being used by someone other than you or if any unauthorized access to your personal information has occurred or may occur. 

Jurisdiction / Enforceability

Use of BB Body websites is governed by and construed in accordance with the laws of the State of South Carolina without giving effect to any principles of conflicts of laws. Any dispute concerning a BB Body website is subject to the venue of a court of competent jurisdiction in Los Angeles, California. 

Should any provision of these Terms and Conditions of Use be held invalid, unlawful, or unenforceable, then the invalid, unlawful, or unenforceable provision will be severed from the remaining provisions, and such invalid, unlawful, or unenforceable provision will not affect the validity or enforceability of the remaining provisions.