TERM | My Site 11

TERMS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING OUR WEBSITE AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.

ADVANCED BODY CONCEPT and its subsidiaries, (collectively, “we” or “us” or “our”) have updated terms that apply to the use of our Websites (as herein defined). For the purposes of these Terms of Use, the term, “Websites”, shall refer collectively to pendar100.wixsite.com/jona as well as the other websites or applications that we operate and that link to these Terms of Use.

In addition, when accessing the Website you shall be subject to any posted guidelines or rules applicable to the Website, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.

1. DESCRIPTION OF OUR SERVICES OFFERED

ENDOSPHÈRES THERAPY SERVICES

• REDUCES CELLULITE & WRINKLES

• IMPROVES MUSCLE TONE

• INCREASES LYMPHATIC CIRCULATION

• ILLUMINATES YOUR COMPLEXION

2. Availability of our Website.

We will endeavor to ensure that ADVANCED BODY CONCEPT Website is available 24 hours per day without any interruptions. However, we reserve the right to make our website unavailable at any time or to restrict access to parts or all of the website without notice. We will endeavor not to make it misleading, but we cannot represent that the information accessible via pendar100.wixsite.com/jona is wholly accurate, not-misleading, complete, or up to date.

3. Changes to Terms.

These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Websites after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

4. Changes to Websites.

We may change or discontinue any aspect, service or feature of the Websites at any time, including, but not limited to, content, availability, and equipment needed for access or use.

5. Your Contributions

You agree to only use pendar100.wixsite.com/jona, our Website, for lawful purposes and that any information that you provide in connection with, or which forms part of us will be, as far as you are aware, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libelous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term. We cannot make any assurances about the information or contribution made by any other user and you should exercise caution before acting or otherwise relying upon any information you obtain via our website.

6. Data Protection

It is your responsibility to ensure that, you give us an accurate and valid e-mail address and other contact details and tell us of any changes to them, however we cannot make any assurances about any other user you may meet using our website. We comply with all applicable Data Protection laws in the United States. For a description of how we use your personal data, please see our Privacy Policy.

7. Copyright and Intellectual Property Rights

Our Website, its content, style, and structure, and the materials and information contained within the website are protected by copyright and other intellectual property rights, and may not be used by you except as expressly provided in this User Agreement. All rights are reserved. The authors of the documents assert their moral rights.

Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by US laws and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

8. Limitation of liability

Since a substantial part of pendar100.wixsite.com/jona is available to all, it is a condition that your use of our website is at your own risk. We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.

Except as expressly provided in this User agreement, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.

Save as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement.

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

9. Confidentiality

"Confidential Information" means information that is disclosed by one Party (as the “Disclosing Party”) to the other (“Receiving Party”) in writing, orally, or by display that is clearly marked or labelled as "confidential" or, if disclosed verbally, is identified as confidential when disclosed and is summarized in writing and marked as confidential within 15 of days after the verbal disclosure. Confidential Information excludes information that: (i) is or becomes generally available to the public by lawful means; (ii) was known by Receiving Party before the other Party's disclosure; (iii) was independently developed by Receiving Party without using any Confidential Information; or (iv) is subject to disclosure under a court order or other lawful process. The Receiving Party will (i) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (ii) not use, publish or divulge Confidential Information for any purpose except as necessary to facilitate the performance of the Services; and (iii) only disclose Confidential Information to the Receiving Party’s representatives on a "need to know" basis and subject to a this agreement.

10. Small Print

You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent. If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in this User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement. This User Agreement is governed by law of United States and any dispute connected with this agreement is subject to the exclusive jurisdiction of the US courts. Nothing in this User Agreement affects your statutory rights as a consumer.

11. Indemnification.

You agree to defend, indemnify and hold harmless our Company its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Websites by you. The Company reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

12. Termination.

We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Websites in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms.

13. Governing Law.

The content, data, video, and all other material and features on the Websites are presented for the purpose of promoting programs or other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates.

Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Websites, and/or the provision of content, services, and/or technology on or through the Websites shall be governed by and construed exclusively in accordance with the laws and decisions of the State of California applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.

14. Complaints

If you believe that your intellectual property or other rights are being infringed by our website, or if you are dissatisfied with us or any aspect of our service, in the first instance please contact us at info@advancedbodyconcept.com