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THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE
OF Body Essentials by Chet INTERNET WEBSITE . YOUR USE OF OUR WEBSITE
CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
Body Essentials by Chet
This Internet website presents information and content that is the
property of Body Essentials by Chet, and its affiliates (“Body
Essentials by Chet”). When used in these Terms and Conditions,
“we” and “our” mean Body Essentials by Chet.
Insurance Decisions
As with all financial matters, you should exercise great care in using
the information provided on this website or available through links
from this website. You should research the facts and opinions contained
in this information before making any financial decisions. The information
provided on this site is provided to you for information purposes
only and does not constitute an offer to sell or a solicitation of
an offer to buy any product that may be referenced on the site. Unless
you have registered for electronic delivery of certain of your account
statements and other account related documents, the information about
your account available on this website is not the official record
of your account. Nothing on this website should be construed as rendering
legal advice. The posting of any other information on this website
should not be interpreted as a recommendation or opinion that you
should make any purchase or sale or participate in any transaction.
Ownership and Use of Content
All of the information and content on this website, including but
not limited to all text, graphics, software applications, video and
audio files and photos (“Content”) is Body Essentials
by Chet’s property, or the property of our suppliers, and is
protected by copyright under both United States and foreign laws,
unless otherwise indicated. You may make and use printouts of the
Content for your personal, non-commercial use only, provided that
the printouts retain all copyright, trademark and other proprietary
notices. The use of the Content on any other website or in a networked
computer environment for any purpose, or any other republication or
redistribution of the Content, including, without limitation, framing
the Content within another website, is expressly prohibited without
the prior written permission of Body Essentials by Chet.
Security
For your protection, Body Essentials by Chet requires the use of encryption
technologies for certain types of communications conducted through
this website. While we provide those technologies and use other reasonable
precautions to protect confidential information and provide suitable
security, we do not guarantee or warrant that information transmitted
through the Internet is secure, or that such transmissions will be
free from delay, interruption, interception or error. In connection
with your use of this website, you will establish or otherwise receive
from Body Essentials by Chet User IDs, Passwords and other security
codes (“User Codes”) that you will need in order to access
and use certain portions of this website. You are responsible for
maintaining the confidentiality of your User Codes. You agree that
you will be fully responsible for all activities that occur utilizing
your User Codes, and that Body Essentials by Chet is not under any
duty to inquire as to the authority or propriety of any instructions
given to Body Essentials by Chet via your User Codes. You agree that
Body Essentials by Chet shall not be responsible for damages or losses
resulting from any breach of security caused by your failure to maintain
the confidentiality of your User Codes. If you permit access to your
User Codes by third parties, then you agree to defend, indemnify and
hold Body Essentials by Chet harmless against any liability, losses,
damages or costs and expenses (including attorney fees) arising out
of, or resulting from, such access and related use of the website.
Body Essentials by Chet reserves the right to block access to the
website for any reason. You also agree to immediately notify Body
Essentials by Chet if you:
* Become aware of any loss or theft of your User Codes or
* Become aware of any unauthorized use of your User Codes.
Finally you acknowledge and agree that users of this website and
users, owners, or managers of third party websites may not: (i) collect
or store personal data about other users of this website or (ii) upload,
e-mail or otherwise transmit any material that contains viruses or
any other computer code, files or programs that might interrupt, limit
or interfere with the functionality of any computer software, hardware,
database or file, or communications equipment that is owned, leased
or used by Electric Motor Sales.
Children
This website does not intend to market any Body Essentials by Chet
products or services to children. Body Essentials by Chet does not
knowingly gather or solicit data from children through this website
for marketing purposes.
E-Mail
Certain portions of this website may offer you the ability to e-mail
a message to Body Essentials by Chet. E-mail functionality, if any,
is provided to you to facilitate communication between you and Body
Essentials by Chet. You agree, however, that you will not use e-mail
to request, authorize or effect the purchase or sale of any securities
or other product or service, to change your address or other account
information, to change your User Codes, to transmit personal credit
information (including credit card numbers), to send fund transfer
instructions, or for any other financial transactions that require
formal authorization in accordance with applicable law or Body Essentials
by Chet policies and procedures. Any such requests, orders, or instructions
that you send to Body Essentials by Chet by e-mail will not be accepted
or processed by Body Essentials by Chet. Body Essentials by Chet shall
have no liability for any loss or damage that arises from unaccepted
e-mail requests, orders or instructions. Moreover, Body Essentials
by Chet shall have no liability for any loss or damage that results
from interception and/or unauthorized use by third parties of any
information you send by e-mail.
Hyperlinks
From time to time, as a convenience for you, we may provide links
to third party websites, or permit third parties to link to this website.
Links to or from a third party site, whether provided by Body Essentials
by Chet or not, do not imply any affiliation between Body Essentials
by Chet and the site owner, or an endorsement, approval, or verification
by Body Essentials by Chet of any content available on such third
party sites. We do not review any of these third party sites and we
are not responsible or liable for the accuracy or completeness of
the content on any such third party sites. By providing access to
other websites, Body Essentials by Chet is not recommending the purchase
or sale of products or services provided by the sponsoring organization
of any linked site. Subject to the terms of applicable service or
other agreements, we will remove any link from this website upon request
from the owner of the linked site.
Availability
Not all of the products or services described on this website are
available in all geographic areas of the United States. You may not
be eligible for all of the described products or services and we reserve
the right to determine the eligibility of any user for any product
or service. The pages relating to each product or service may provide
additional information on the availability of each product or service
and may contain terms governing eligibility.
NO WARRANTY
WE WILL MAKE EVERY REASONABLE EFFORT TO INCLUDE ACCURATE AND UP TO
DATE CONTENT ON THIS WEBSITE. HOWEVER, THE CONTENT ON THIS WEBSITE
(INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE THROUGH
THIS WEBSITE ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND
ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, Body Essentials by Chet DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Body Essentials by Chet DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THIS
WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
THE CONTENT ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. THIS CONTENT COULD BECOME INACCURATE AS A RESULT
OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. Body Essentials
by Chet UNDERTAKES NO OBLIGATION TO MAINTAIN THE CURRENCY OF SUCH
INFORMATION.
Body Essentials by Chet ENDEAVORS TO MAINTAIN THIS WEBSITE AND ITS
OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS
OF ANY DEFECTS THAT MAY EXIST IN THIS WEBSITE OR ITS OPERATION. AS
TO THE OPERATION OF THIS WEBSITE, Body Essentials by Chet EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Body Essentials by Chet. MAKES
NO WARRANTY THAT (i) THE OPERATION OF THIS WEBSITE WILL MEET THE USER’S
REQUIREMENTS; (ii) ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE
WILL BE ACCURATE OR RELIABLE; OR (iv) DEFECTS WILL BE CORRECTED. YOU
(AND NOT Body Essentials by Chet) ASSUME THE ENTIRE COST OF ALL SERVICING,
REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT
AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS
YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES,
ALL CONTENT ACCESSIBLE ON THIS WEBSITE, OR ANY OTHER WEBSITE TO WHICH
WE LINK, AND ALL OPERATIONS ON THIS WEBSITE ARE WARRANTED ONLY TO
THE MINIMUM AMOUNT LEGALLY REQUIRED.
NO LIABILITY
IN USING THIS WEBSITE, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD
Electric Motor Sales. LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR
INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE MATERIALS ON THIS SITE (OR ANY OTHER LINKED WEBSITE),
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION
AVAILABLE ON THIS WEBSITE (OR ANY OTHER LINKED WEBSITE). Body Essentials
by Chet SHALL NOT BE LIABLE EVEN IF Body Essentials by Chet OR A Body
Essentials by Chet. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED
TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT,
FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE
OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.
THESE LIMITATIONS ON Body Essentials by Chet’s LIABILITY MAY
BE DIFFERENT IN CONNECTION WITH PARTICULAR PRODUCTS OR SERVICES THAT
ARE OFFERED.
Additional Terms
In connection with different products or services available on this
website and other Body Essentials by Chet web sites, we may have established
additional or different terms and conditions. In many most instances,
our products or services involve sophisticated financial instruments
that are regulated by public authorities. As a result, the additional
terms and conditions are very important to providing you a thorough
understanding of the related products and services. If applicable,
these additional or different terms and conditions are available on
the web pages associated with the appropriate products or services.
You are encouraged to review all of the terms and conditions relating
to Body Essentials by Chet products or services so that you fully
understand their features. In the event of any conflict between the
terms and conditions on this website and such additional terms and
conditions, the additional terms and conditions shall govern and control.
Further, if you have a policy or account with Body Essentials by Chet,
your customer relationship is also governed by other agreements, such
as your policy or account agreement, as applicable.
Additional Information
All information, other than personal information subject to Body Essentials
by Chet’s Internet Privacy Policy, submitted to Body Essentials
by Chet through this website or any related Body Essentials by Chet
website is the property of Electric Motor Sales. Body Essentials by
Chet shall be free to use any ideas, concepts, know-how or techniques
that you may submit to Body Essentials by Chet through this website
for any purpose, including but not limited to, improving our services.
We shall not be subject to any obligations of confidentiality regarding
any submitted information except as specified in Body Essentials by
Chet’s Internet Privacy Policy, as set forth in any additional
terms and conditions relating to specific products or services, or
as otherwise specifically agreed or required by law.
Changes
The Content on this website, and these Terms and Conditions, are subject
to change or updating by Body Essentials by Chet at any time without
prior notice. The changes may include superseding terms and conditions
or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS
FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing
use of this website constitutes your acceptance of any change or update,
all of which shall become controlling when posted.
Privacy
Your privacy is protected by implemented systems such as database
backups, SSL Encryption, and Body Essentials by Chet never sales or
uses your email address to solicit contact information for use in
marketing or sales.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance
with the laws of the United States and the State of Tennessee, without
giving effect to conflict of law principles thereof. The services
and products described and information provided through this website
are directed to and are intended to be made available only to persons
in the United States and are not intended for distribution to, or
use by, any person in any other country or any jurisdiction where
such distribution or use would be contrary to law or regulation or
that would subject Body Essentials by Chet to any registration requirement
within such jurisdiction or country. Persons who access this website
do so on their own initiative, and are responsible for compliance
with applicable local laws and regulations.
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