Last modified: April 30, 2020  

 

1. TERMS OF USE

Please read these Terms of Use (“Terms”) carefully before using this site. By using this site, you (“User(s)”) signify your agreement with these Terms of Use. If you do not agree with any of the below Terms, do not use this site. Bz bible physical fitness (“Company”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. By using this site after notice of such changes is posted, you agree to be bound by the modifications, alterations or updates.

 

2. TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS

This site is controlled by Company at URL www.bzbible.com and corresponding applications (the “Site”). All material on this Site, including, but not limited to images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other rights which are owned and/or controlled by Company, its parent or its affiliates, or by other parties that have licensed their material to Company. You may use material from this Site and other sites controlled by Company only for your own personal, non-commercial use. Unauthorized modification of the materials or use of the materials for any other purpose is a violation of the Federal copyright and trademark laws and other proprietary rights. Material from this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express authorization. The use of any such material on any other website or networked computer environment, unless expressly authorized, is prohibited.

 

3. PRIVACY

Company respects the privacy of the visitors to this Site. To see this Site 's Privacy Policy, please click here.

 

4. LINKED SITES

This Site may contain links to other sites on the Internet ("Linked Sites"). Linked Sites are operated subject to their own terms of use. Company is not responsible for the content of any Linked Site. The links to these sites are for your convenience only, and you access them at your own risk.

 

Company welcomes links to this Site. You may establish a link to this Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Company, its affiliates, or any group or individual affiliated with Company and provided that the site where the link appears does not contain content that is offensive, obscene, otherwise violating third party rights or in Company's sole good faith judgment, inconsistent with the high reputation and best interests of Company and/or the images and likeness of individuals on the Site, including but not limited to Bianca Booth, also known as Bianca Ella Booth. You may not use on your site any logos, trademarks, service marks, catch phrases or other copyrighted materials or identifying indicia appearing on this Site, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another website any of the content or other materials on this Site without Company's prior written consent.

 

5. MATERIALS SUBMITTED TO THE WEB SITE

Any notes, messages, e-mails, postings, ideas, questions, suggestions, concepts or other material submitted by you to Company in connection with the Site will become the property of Company throughout the universe and Company shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit any such material, you agree that Company has the right to publish the material for any type of use, including promotional and advertising purposes.

 

Company is not responsible for any material submitted to be posted on Company's Site by anyone other than Company itself. Company reserves the right to edit or delete material submitted to it, but does not assume any obligation to do so. You agree that you will not submit or otherwise publish through our Site any content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks; (c) violates any law; (d) advocates illegal activity, self-harm or bullying; (e) identifies individuals who have not authorized the use of their personal details, including but not limited to, name or likeness; or (f) advertises or otherwise solicits funds or is a solicitation for goods or Services. In the event anything herein is abused, Company reserves the right to remove you from the commenting forum and/or report your behavior and remove you from the Site all together. 

 

You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, distributors, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the agreements, representations, and warranties set forth in these Terms.

 

6. DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT COMPANY OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN COMPANY’S SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE MATERIAL THAT YOU READ IN THIS SITE IS PROVIDED SOLELY FOR INFORMATIONAL SELF HELP PURPOSES AND PROMOTIONAL PURPOSES. THE INFORMATION AND OPINIONS EXPRESSED IN USER PROVIDED MATERIALS ON THIS SITE ARE NOT NECESSARILY THOSE OF COMPANY OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS, AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THAT INFORMATION OR THOSE OPINIONS. FURTHERMORE, NEITHER COMPANY NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH DATA/MATERIALS/ ADVICE/ INFORMATION/ RESOURCES OR TO WHOM SUCH DATA/MATERIALS MAY BE FURNISHED) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED IN THE WEB SITE. COMPANY'S MAXIMUM LIABILITY TO YOU FOR ANY CLAIM OF BREACH OF THESE TERMS OF USE OR ANY OTHER LEGAL DUTY THAT MAY BE OWED TO YOU WILL BE $1000, WHICH YOU ACKNOWLEDGE REPRESENTS A REASONABLE ALLOCATION OF RISKS AS BETWEEN YOU AND COMPANY.

 

The materials in the Company Site are presented primarily for the purpose of creating a safe zone for our fans to talk/ interact with us and one another and feel comfortable in a place with no bullying or judgement. This Site is controlled and operated by Company from its offices within the State of California, United States of America. Company makes no representation that material in Company’s Site is appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

7. COPYRIGHTS AND COPYRIGHT AGENTS

Company respects the rights of all copyright holders and in this regard, Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  • Information reasonably sufficient to permit us to contact the complaining party;

  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

 

8. SUBSCRIPTIONS AND PAYMENTS FOR PRODUCTS AND SERVICES

You shall pay Company the amounts set forth on Company’s Site for subscriptions or products that you purchase by either credit card or such other payment method as may be provided on Company's Site. You have no right to offset any payments for any claims you may have against Company. All payments shall be made in US Dollars unless otherwise determined by Company. Except as set forth in these Terms, all fees are non-refundable. Company reserves the right to increase subscription rates and product prices at its sole discretion and without notice. 

 

Payment by Credit Card: Company shall have the right to use a third party service provider for payment Services. You must provide Company’s third party service provider with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) By providing Company’s third party service provider with the credit card number and associated payment information, You agree that Company is authorized to immediately charge you for all fees and charges due and payable to Company hereunder and that no additional notice or consent is required. You agree to immediately notify Company’s third party service provider of any change in your billing address or the credit card used for payment hereunder. Company currently uses Paypal and Stripe and as its third party service provider for payment Services (e.g., credit card transaction processing, merchant settlement, and related Services). You agree to be bound by, where applicable, User Agreement and its Privacy Policy available. You hereby consent to provide and authorize Company to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with these Terms, including personal, financial, credit card payment, and transaction information. Company may choose a different third party service provider for payment Services in its sole discretion, in which case all of the above references to Paypal and Stripe and will be deemed to refer instead to the different third party service provider and, as applicable, its terms of use and privacy policy located on such third party service provider’s website.

 

Payment Problems: If Company is unable to process payments using the payment method provided by you for your order, or if Company does not receive payment from you for your order, or receives a chargeback claim from your credit card company or Company’s third party service provider for payment Services or if Company has reason to believe that you are i) ineligible to make a purchase from Company either as a result of a breach of these Terms or by virtue of applicable law or otherwise, ii) are otherwise in breach of these Terms, iii) engaged in fraud or criminal activity in connection with your use of any Company product or service, then, without prejudice to any of Company’s other rights, Company may do any or all of the following: a) stop any of the purchased items from being fulfilled to you; b) stop or suspend ongoing access to the Company Site; and/or c) cancel any automatic renewal plan in which you elected to participate.

 

Subscription Renewal: If you order a subscription, your subscription will continue in accordance with the terms of the order until terminated in accordance with the Terms on Company's Site. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at the Company’s then-current price for such subscription. You agree to be subject to this automatic renewal feature unless you cancel your subscription at any time prior the Renewal Commencement Date by either cancelling through your Company account, by contacting Company via email, or by cancelling the recurring payment directly with the third party payment service provider (e.g., Paypal). If you cancel your subscription prior to the Renewal Commencement Date, then you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. You will not be eligible for a pro rata refund of any portion of the subscription fee paid for the then-current subscription period. You authorize Company to charge your credit card at the beginning of each applicable subscription period. Upon renewal of your subscription, if Company does not receive payment: (i) you agree that the Company may either terminate or suspend your subscription immediately, (ii) if Company does not receive payment from your credit card company, you agree to pay all amounts due upon demand, (iii) Company may continue to attempt to charge your credit card until payment is received. Upon receipt of payment, your account will be re-activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received.

 

9. RETURN POLICY

This return policy applies to both subscriptions and physical goods purchased from Company's Site.

 

Subscriptions: You have up to 29 calendar days upon sign up of any subscription to request a full reimbursement of your subscription fee paid if you're unhappy with our Services. 

 

Physical Goods: You have 14 calendar days to exchange a physical item from the date that you received it.

 

To be eligible for a return, your item must be:

  • Unused and in the same/original condition that you received it. 

  • Your item must be in the original packaging and tags attached.

  • Your item needs to have the receipt or proof of purchase.

  • The item was not purchased on sale (including promotional offers). Sale items cannot be returned unless the item is faulty.

 

Once Company receives a returned item, Company will inspect it and notify you that Company has received your returned item. Company will notify you of the status of your credit to exchange for another size or item after having inspected the item. 

 

If your exchange is approved, you will receive the credit to exchange for another item within a few days.  Store credits are for the value of the item purchased only (ie minus original shipping costs).  Once a credit has been issued, it will be valid for 1 month. 

 

You will be responsible for paying your own shipping costs for exchanges (returned and new shipping). Shipping costs are non-refundable. If you receive a refund for an exchange, you will have to pay the cost of shipping the item out again.  

 

Contact us if you have any questions on how to return your item to us.

 

10. DISCOUNT CODES AND PROMOTIONS

Company may from time to time offer promotional discount codes, which may be applicable to products or Services on the Site, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.

 

11. PHYSICAL ACTIVITIES AND DIETRY GUIDANCE

It’s important to Company that Users stay healthy while achieving their fitness goals.  Please be responsible and use your best judgement and common sense.  Company provides Services for information purposes only and cannot be held liable if you get injured or something goes wrong.  In particular, content that is posted by other Users in our community does not constitute medical advice, nor should be treated as such.

 

11.1 Safety First

Company cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any physical activity, wellness or fitness program, or any dietary program or guidance. By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in wellness and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Services, and that you have consulted with your physician before making any dietary changes based upon information available through the Services. Everyone’s condition and abilities are different, and participating in the activities promoted by our Services is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the Services may pose risks even to those who are currently in good health.

You understand and agree that we will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Services. 

11.2 Disclaimer Regarding Accuracy and Reliance on Content

Company makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of any content available through the Services, and we make no commitment to update such content.

 

In addition, User-Generated Content, including advice, statements, or other information, including, without limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities, and exercise database entries, are not produced by Company and should not be relied on without independent verification. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the User from whom such User-Generated Content originated. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.

In particular Company recipes (“recipes”) contain a combination of nutritional information. Please be advised that nutritional information in Company recipes has not been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information. Company does not (i) guarantee the accuracy, completeness, or usefulness of any nutritional information or ingredients in the recipes section; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such nutritional information. To the extent permitted by applicable law, under no circumstances will Company be responsible for any loss or damage resulting from your reliance on nutritional information. 

11.3 Not Medical Advice

Company aims to provide useful general information for our community, not professional medical advice. The Services are not medical devices, and the data provided by them is not intended to be utilized for medical purposes or to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, you expressly agree we are not providing medical advice via the Services. All Content provided through the Services, whether provided by us or by other Users or third parties is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. To the extent permitted by applicable law, Company are not responsible for any health problems that may result from training programs, dietary recommendations, consultations, products, or events you learn about through the Services. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.

Your use of the Services does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between Company and you.

11.4 Success Stories Not Typical

Success stories posted by Users or Company on our services may not represent typical or even accurate results obtained from any particular fitness activity or diet. To the extent permitted by applicable law, Company has no and assumes no obligation or liability associated with the accuracy, reliability or effectiveness of any fitness activity or dietary recommendation contained in any User success stories.