Virtual Color Toolkit
Terms of Service
Body Beautiful, LLC (the “Company”) offers access to and use of its proprietary program and template to conduct and present color analysis services (the “Virtual Color Toolkit”) and related training programs, content, data, materials and information (collectively with the Virtual Color Toolkit, the “Content”) to you, subject to your acceptance of these terms of service (“Terms”). By accessing, viewing, using or obtaining any Content, you agree to accept and be bound by these Terms and you represent and warrant that you are at least 18 years of age and possess all legal right and capacity to enter into these Terms. If you do not accept these Terms, you should not access, view, use or obtain any Content.
Permitted Use; Limited License
The Content and all intellectual property rights to the Content are owned by the Company. The Company grants you a non-transferable, limited, non-exclusive license to download, use and modify the Virtual Color Toolkit for the limited purpose of conducting individual client assessments. Other than as set forth in these Terms, you will not copy, sublicense, republish, reproduce, transmit, amend, post, download, upload, sell, transfer or otherwise distribute in any way any of the Content, including using the Content to create a self-guided online course, without the prior written consent of the Company. Other than preserving any trademarks of the Company included in the Virtual Color Toolkit, you have no license or right to use any of the Company’s trademarks or service marks.
You are not permitted to (i) suggest an association or endorsement by the Company other than crediting the origin of the Virtual Color Toolkit to the Company or (ii) make any use of the Content which might be considered defamatory, libelous, obscene, immoral or illegal.
Fees and Refunds
Any charges payable by you for the Content will be stated on the website or service under which you are purchasing the Content. Payment must be received in full before you have the right to access any Content. If any Content is available upon purchase, all sales are final and you shall not be entitled to a refund for any reason. If you purchase any Content that is not yet available at the time of purchase (for example, you sign up for a video presentation in advance), you may cancel your purchase and receive a full refund at any time prior to the 48-hour period preceding the time in which the Content is first made available to you.
If you fail to comply with any provisions of these Terms, the Company may suspend or terminate your access to the Content or notify you that you are no longer permitted to use any Content. Upon such notification, you must cease and desist using any Content and destroy all Content obtained and all copies thereof, whether made under these Terms or otherwise. The Company may take such further action as it determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and the Company shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from the Company’s exercise of its rights under these Terms.
Links to Third-Party Websites
The Content may contain links to websites operated by third parties that are not under the control of the Company. Neither the Company nor any member, director, officer or agent of the Company endorses or represents the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on such other websites. The use of such other websites is at your own risk.
DISCLAIMER OF WARRANTIES
ALL CONTENT IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR GURANTEES THAT ANY CONTENT WILL BE AVAILABLE OR UNINTERUPTED, ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR GURANTEES REGARDING THE ACCURACY, RELIABILITY, OR TIMLINESS OF THE CONTENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS MEMBERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will defend, indemnify and hold harmless the Company and its members, directors, officers and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees as a result of your use of the Content, your breach of these Terms or the documents made part of these Terms by reference, or your violation of any law or rights of a third party.
Your acceptance of these Terms and use of the Content do not create a joint venture, partnership, employment or agency relationship with the Company. You may not assign, delegate or transfer your rights or obligations under these Terms. The Company may assign these Terms. The headings in these Terms are for convenience of reference only and are not to be considered in construing these Terms. The waiver by the Company of a breach of any provision of these Terms shall not operate or be construed as a waiver of any other or subsequent breach.
These Terms and all matters arising out of or relating thereto shall be governed in all respects by the laws of the United States of America and by the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. Any action brought by you under or in relation to these Terms, including without limitation to interpret or enforce any provision of these Terms, shall be brought in, and you agree to and do hereby submit to the jurisdiction and venue of, any state or federal court located in the County of Sacramento, California, United States. You agree that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by applicable law. In any such action or any action the Company may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to reasonable attorneys’ fees.
Your obligations under this Agreement are of a unique character that gives them particular value. Breach of any of such obligations will result in irreparable and continuing damage to the Company for which there will be no adequate remedy at law. In the event of such breach, the Company will be entitled to injunctive relief and/or a decree for specific performance, and such other and further relief as may be proper (including monetary damages if appropriate).
These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between you and the Company relating to your use of the Content and replaces any prior understandings or agreements (whether oral or written) regarding your use of the Content. Should any provisions of these Terms be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired thereby.
You may purchase the Virtual Color Toolkit here.