TERMS + POLICY

Created: August 2020
 

Acceptance of the Terms of Use

 

Please read carefully, as this pertains to the Agreement of your registration with any programs or products sold by Arline Wagstaff, Body by Criola LLC. These websites are owned and operated by Body by Criola LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'). 
 

These terms of use are entered into by and between you and Body by Criola, LLC (“Company,” “we,” "Arline" or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”) govern your access to and use Body by Criola services, including any content, functionality, and services offered through Body by Criola.

Body by Criola services are offered and available to users who are at least 16 years of age. By contacting and using our services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements. If you do not meet all of these requirements, you must have legal and parental submission to use our services. 

Changes to the Terms of Use
 

We reserve the right to change these Terms of Service or to impose new conditions on use of the sits, from time to time, in which case we will post the revised Terms of Service/Condition on this website. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Your continued use of Body by Criola services after the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time and be up to date if terms of use are a concern for you.

Terms of Use

Body by Criola, LLC agrees to provide program content, to help clients improve their health and fitness, either online or in person, whichever program is purchased. Client agrees to abide by all policies and procedures outlined in this agreement as a condition of participation in any program we provide.

Disclaimer 

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Body by Criola LLC. Neither Body by Criola LLC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Body by Criola LLC neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Body by Criola LLC representative while acting in his/her official capacity.

The information, products and services offered on or through the site by Body by Criola LLC and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited too, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use or the results of the use of the site or materials on this site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

You agree at all times to defend, indemnify and hold harmless Body by Criola LLC, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Online Commerce 

Certain sections of this website (www.BodybyCriola.com) may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on this website or on a website linked to by this website, the information obtained during your visit to that merchant’s online store, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchants. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the websites, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties websites or this website.

Your participation, correspondence or business dealings with any third party found on or through our website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Body by Criola LLC shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through this website. You agree to use the website to purchase services or products for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information. If there is a problem regarding a purchase, it is the user's responsibility to contact us within the week of purchase to find a solution, replacement or resend of digital or tangible goods. Users and clients can contact us at Bodybycriola@gmail.com

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, including our messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the site or by us in any way, even if we are advised beforehand of the possibility of such damages. (because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.

This site is continually under development and Body by Criola LLC makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.

The education and information presented herein is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual-- unless in personalized program purchases and relationships made with Body by Criola through personal training, personal nutrition plans and other personalized offerings.

The information contained in this program (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed. 

The end user of this information should therefore use the contents of this program and the materials as a general guideline and not as the ultimate source of current information and when appropriate the user should consult their own legal, accounting or other advisors.

Any case studies, examples, illustrations cannot guarantee that the user will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Refund Policy

Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.

Class Action

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Medical Disclaimer

Arline Wagstaff is not a doctor, therapist, registered dietician, nutritionalist, psychotherapist, chiropractor, physical therapist, or any other professional who practices medicine, and does not diagnose, treat, or prescribe any form of medical advise. You must always consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately and consult your physician.

This site offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk and Body by Criola will not be held liable for medical malpractice or injury while using this program.

Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.

If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
Certain health or medical material on this site may be perceived as sexually explicit. Please do not use this site if you would find these materials offensive.

Results Disclaimer

Although the products and services at Body by Criola, LLC and BodybyCriola.com are intended to be fully implemented, sometimes they are not, which could result in a lack of progress/results for the user. If you implement the products and services correctly you should see results, however it must be disclaimed that even when consumers implement any products or services in full from BodybyCriola.com it is still possible they will not get the results they may have expected and it is also possible they will not lose fat or gain muscle or achieve any positive results of any kind.

As every body is different, and as every client's effort levels are different, results will vary.

Testimonial Disclaimer

All the transformations and testimonials are real. However, they are meant as a showcase of what the most motivated and dedicated people can achieve by following personalized or online programs. Your results may vary and you may not get the same results compared to someone else when using any services or products due to differences in your individual exercise history, genetics, and personal motivation/dedication. The end results you get will depend upon the individual and how much effort you put in.

Use of Conduct

By visiting our websites and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use this site and all the material and Resources available only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. 

Wherein, you understand that: 

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. 

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s. 

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. 

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited. 

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. 

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability. 

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that: 

h. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any www.bodybycriola.com employees or representatives.

i. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Body by Criola LLC site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available to Arline Wagstaff and Body by Criola  LLC sites unless you contact Body By Criola, LLC and request removal.

j. For any other content submitted or made available for inclusion on the publicly accessible areas of Arline Wagstaff, Body by Criola LLC, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

k. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. 

l. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Body By Criola LLC,, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. 

m. You agree to indemnify and hold harmless Arline Wagstaff, Body by Criola LLC, and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us. 

Limitation of Warranties 

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that: 

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Arline Wagstaff, Body by Criola LLC, or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Arline Wagstaff, Body by Criola LLC  will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. 

Copyright and Trademark

All content and materials available on www.bodybycriola.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Body by Criola LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Body by Criola LLC. 

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. 

Governing Law

This website is controlled by Arline Wagstaff and Body by Criola LLC from our offices located in the state of Utah, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of Utah, by accessing our website, you agree that the statutes and laws of Utah, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. 

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in United States, Utah You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. 

Guarantee

UNLESS OTHERWISE EXPRESSED, BODY BY CRIOLA LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

Body by Criola LLC

email: bodybycriola@gmail.com