Terms and Conditions

  Terms and Conditions PLEASE READ THESE TERMS OF USE AND TERMS AND CONDITIONS (collectively with any amendments hereto, “TERMS AND CONDITIONS”). THE AMERICAN DREAM BODY LLC RESERVES THE RIGHT TO MODIFY THESE TERMS AND CONDITIONS WITHOUT PRIOR CONSENT OR NOTIFICATION. BY USING THIS WEBSITE OR ANY OTHER WEB SITE AFFILIATED WITH OR OWNED BY THE AMERICAN DREAM BODY LLC, AND/OR PLACING AN ORDER FOR THE AMERICAN DREAM BODY LLC’S PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR THE AMERICAN DREAM BODY LLC’S PRODUCTS AND/OR SERVICES. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR THE AMERICAN DREAM BODY LLC’S PRODUCTS AND/OR SERVICES ONLY WITH THE DIRECT INVOLVEMENT AND SUPERVISION OF YOUR PARENT AND/OR GUARDIAN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE OR ORDER OR USE ANY OF THE AMERICAN DREAM BODY LLC’S PRODUCTS OR SERVICES. Copyrights and Trademarks All site materials including, but not limited to, logos, graphics, text, content, video, audio, products, design, and software are Copyright 2010-2011 © The American Dream Body LLC. All rights reserved. All products and/or services purchased through this website are the intellectual property of The American Dream Body LLC. Except as stated herein, none of the content contained in this website and/or its products and/or services may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, uploaded, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express written consent of The American Dream Body LLC. Together with other logos and product names described on this Site, the following are trademarks or registered trademarks of The American Dream Body LLC, both in the United States of America as well as internationally: The American Dream Body, americandreambody.com, and americandreambodyblog.com. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written consent of The American Dream Body LLC. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of The American Dream Body LLC and may not be copied, imitated, or used, in whole or in part, without the prior written consent of The American Dream Body LLC. Shipping All properly completed orders will be shipped within 4 weeks of the order date. The estimated arrival date is a good faith estimate of when a product will arrive. However, The American Dream Body LLC does not guarantee a specific date of arrival. Returns The American Dream Body LLC does not accept the return of any product that has been opened, damaged, or tampered with. In the rare event that a product is defective or arrives damaged, contact our customer service department for assistance, and we will exchange the product. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE AS WELL AS THE PRODUCTS AND/OR SERVICES PROVIDED BY THE AMERICAN DREAM BODY LLC IS AT YOUR SOLE RISK. THE AMERICAN DREAM BODY LLC DOES NOT MAKE ANY GUARANTEES AS TO THE TIMLINESS, ACCURACY, CURRENCY, RELIABILITY, OR COMPLETENESS OF THE INFORMATION CONTAINED IN THIS WEBSITE OR ITS PRODUCTS. ALTHOUGH THE AMERICAN DREAM BODY LLC STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR HARMFUL MATERIALS TO THIS WEBSITE, THE AMERICAN DREAM BODY LLC DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS WEBSITE IS FREE OF HARMFUL MATERIALS. Limitations on Liability WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL THE AMERICAN DREAM BODY LLC BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF THE AMERICAN DREAM BODY LLC OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AMERICAN DREAM BODY LLC'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO THE AMERICAN DREAM BODY LLC FOR ANY PRODUCTS SUPPLIED BY THE AMERICAN DREAM BODY LLC THROUGH YOUR USE OF THE SITE OR OTHERWISE. Dispute Resolution Subject to the foregoing, you agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with these terms of use, this or any other Sites shall be resolved individually, without resort to any form of class action, by binding arbitration to take place in St. Paul, MN in accordance with the rules of the American Arbitration Association; (2) any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to americandreambody.com for its products, but in no event attorneys' fees; and (3) under no circumstances will you be permitted to obtain awards for, and each Site user hereby waives all rights to claim punitive, incidental, or consequential damages, any other damages other than actual out-of-pocket expenses paid for americandreambody.com products, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms of use, or the rights and obligations of users and us in connection with these terms of use, shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Minnesota. If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions.

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