Terms & Conditions
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or part, please do not use the Service.
Intellectual Property
The Service and all contents, including but not limited to text, images, graphics, or code, are the property of WHOLE BODY & SOLE LLC and are protected by copyright, trademarks, database, and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark, and other laws. These Terms do not grant you a license to use any trademark of WHOLE BODY & SOLE LLC or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links to Other Web Sites
The Service may contain links to third-party websites or services not owned or controlled by WHOLE BODY & SOLE LLC.
WHOLE BODY & SOLE LLC has no control over and assumes no responsibility for any third-party websites or services’ content, privacy policies, or practices. You further acknowledge and agree that WHOLE BODY & SOLE LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Upon termination, your right to use the Service will immediately cease.
Indemnification
You agree to indemnify, defend and hold harmless WHOLE BODY & SOLE LLC, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers, and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; and (c) anything you post on or upload to the Service.
Limitation of Liability
WHOLE BODY & SOLE LLC, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential, or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer and Non-Waiver of Rights
WHOLE BODY & SOLE LLC makes no guarantees, representations, or warranties regarding the website and associated technology. Any purportedly applicable warranties, terms, and conditions are excluded to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
WHOLE BODY & SOLE LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and WHOLE BODY & SOLE LLC chooses not to act immediately or chooses not to act at all, Instinctively Pure LLC will still be entitled to all rights and remedies at any later date or in any other situation where you breach these Terms. WHOLE BODY & SOLE LLC does not waive any of its rights. WHOLE BODY & SOLE LLC shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Exclusions
As stated above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and services provided.
Governing Law
These Terms shall be governed by, and interpreted and enforced following, the laws of the United States of America, as applicable. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions will remain in effect. These Terms constitute our agreement regarding our Service and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Changes
At our sole discretion, we reserve the right to modify or replace these Terms at any time. If a revision is a material, we will make reasonable efforts to provide at least a 30-day notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms, please get in touch with us.