These terms of use are
entered into between you and the Nagano Tonic (the “Company”). The
following terms and conditions, together with any documents they
expressly incorporate by reference (collectively, this
“agreement”), govern your access to and use of the Nagano Tonic
websites, including any content, functionality, and services
offered on or through the Nagano Tonic websites
(collectively, the “Website”).
Please read this agreement carefully before you start to use the
Website. By using the Website or by clicking to accept or agree to
this agreement when this option is made available to you, you
accept and agree to be bound and abide by this agreement and the
Company’s Privacy Policy, found at
https://www.leanbodytonic.com/privacy-policy, incorporated by
reference. If you do not want to agree to this agreement or the
Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18-years
old or older. By using this Website, you state that you are of
legal age to form a binding contract with the Company and meet all
the foregoing eligibility requirements, if any. If you do not meet
all these requirements, you must not access or use the Website.
Changes to the Agreement
The Company may revise and update this agreement on one or more
occasions in its sole discretion. All changes are effective
immediately when the Company posts them and apply to all access to
and use of the Website from then on. But any changes to the
dispute resolution provisions set out in Governing Law and
Jurisdiction will not apply to any disputes for which the parties
have actual notice on or before the date the change is posted on
the Website.
Your continued use of the Website after the posting of the revised
agreement means that you accept and agree to the changes. You are
expected to check this page often, so you are aware of any
changes, as they are binding on you.
Accessing the Website and Account Security
The Company may withdraw or amend this Website, and any service or
material the Company provides on the Website, in its sole
discretion without notice. The Company will not be liable if for
any reason all or any part of the Website is unavailable at any
time or for any period. On one or more occasions, the Company may
restrict access to some parts of the Website, or the entire
Website, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the
Website.
Ensuring that all persons who access the Website through your
Internet connection are aware of this agreement and comply with
it.
To access the Website or some of the resources it offers, you may
be asked to provide certain registration details or other
information. It is a condition of your use of the Website that all
the information you provide on the Website is correct, current,
and complete. You acknowledge that all information you provide to
register with this Website or otherwise, including through the use
of any interactive features on the Website, is governed by the
Privacy Policy, and you consent to all actions the Company takes
with respect to your information consistent with the Privacy
Policy.
If you choose, or are provided with, a username, password, or any
other piece of information as part of the Company’s security
procedures, you must treat this information as confidential, and
you must not disclose it to any other person or entity. You also
acknowledge that your account is personal to you and will not
provide any other person with access to this Website or parts of
it using your username, password, or other security information.
You will promptly notify the Company of any unauthorized access to
or use of your username or password or any other breach of
security. You also will ensure that you exit from your account at
the end of each session. You should use particular caution when
accessing your account from a public or shared computer so that
others are not able to view or record your password or other
personal information.
The Company may disable any username, password, or other
identifier, whether chosen by you or provided by the Company, at
any time in its sole discretion for any or no reason, including
if, in the Company’s opinion, you have violated any part of this
agreement.
Intellectual-Property Rights
The Website and its entire contents, features, and functionality
(including all information, software, text, displays, images,
video, and audio, and the design, selection, and arrangement of
it) are owned by the Company, its licensors, or other providers of
that material and are protected by United States and international
copyright, trademark, patent, trade secret, and other intellectual
property or proprietary rights laws.
This agreement permits you to use the Website for your personal,
noncommercial use only. You must not reproduce, distribute,
modify, create derivative works of, publicly display, publicly
perform, republish, download, store, or transmit any of the
material on the Website, except as follows:
Your computer may temporarily store copies of those materials in
RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web
browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages
of the Website for your own personal, noncommercial use and not
for further reproduction, publication, or distribution.
If the Company provides desktop, mobile, or other applications for
download, you may download a single copy to your computer or
mobile device solely for your own personal, noncommercial use, on
condition that you agree to be bound by the Company’s end user
license agreement for those applications.
If the Company provides social media features with certain
content, you may take those actions as are enabled by those
features.
You must not:
Modify copies of any materials from this Website.
Use any illustrations, photographs, video or audio sequences, or
any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary
rights notices from copies of materials from this Website.
You must not access or use for any commercial purposes any part of
the Website or any services or materials available through the
Website.
If you print, copy, modify, download, or otherwise use or provide
any other person with access to any part of the Website in breach
of this agreement, your right to use the Website will stop
immediately and you must, at the Company’s option, return or
destroy any copies of the materials you have made. No interest in
or to the Website or any content on the Website is transferred to
you, and all rights not expressly granted are reserved by the
Company. Any use of the Website not expressly permitted by this
agreement is a breach of this agreement and may violate copyright,
trademark, and other laws.
Trademarks
The Company name, the terms Nagano Tonic , the Company logo, and
all related names, logos, product and service names, designs, and
slogans are trademarks of the Company or its affiliates or
licensors. You must not use those marks without the Company’s
written permission. All other names, logos, product and service
names, designs, and slogans on this Website are the trademarks of
their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance
with this agreement. You must not use the Website:
In any way that violates any applicable federal, state, local, or
international law or regulation (including any laws regarding the
export of data or software to and from the US or other countries).
To exploit, harm, or attempt to exploit or harm minors in any way
by exposing them to inappropriate content, asking for personally
identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any
material that does not comply with common decency or applicable
intellectual-property rights laws.
To transmit, or procure the sending of, any advertising or
promotional material without the Company’s written consent,
including any “junk mail,” “chain letter,” “spam,” or any other
similar solicitation.
To impersonate or attempt to impersonate the Company, a Company
employee, another user, or any other person or entity (including
by using email addresses or usernames associated with any of the
foregoing).
To engage in any other conduct that restricts or inhibits anyone’s
use or enjoyment of the Website, or which, as determined by the
Company, may harm the Company or users of the Website or expose
them to liability.
Additionally, you must not:
• Use the Website in any manner that could disable, overburden,
damage, or impair the Website or interfere with any other party’s
use of the Website, including their ability to engage in real time
activities through the Website.
Use any robot, spider, or other automatic device, process, or
means to access the Website for any purpose, including monitoring
or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on
the Website or for any other unauthorized purpose without the
Company’s written consent.
Use any device, software, or routine that interferes with the
proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs, or other
material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or
disrupt any parts of the Website, the server on which the Website
is stored, or any server, computer, or database connected to the
Website.
Attack the Website via a denial-of-service attack or a distributed
denial-of-service attack.
Otherwise try to interfere with the proper working of the Website.
Reliance on Information Posted
The information presented on or through the Website is made
available solely for general information purposes. The Company is
not making any warranty about the accuracy, completeness, or
usefulness of this information. Any reliance you place on that
information is strictly at your own risk. The Company disclaims
all liability and responsibility arising from any reliance placed
on those materials by you or any other visitor to the Website, or
by anyone who may be informed of any of its contents.
This Website may include content provided by third parties,
including materials provided by other users, bloggers, and
third-party licensors, syndicators, aggregators, or reporting
services. All statements or opinions expressed in these materials,
and all articles and responses to questions and other content,
other than the content provided by the Company, are solely the
opinions and the responsibility of the person or entity providing
those materials. These materials do not necessarily reflect the
opinion of the Company. The Company is not responsible, or liable
to you or any third party, for the content or accuracy of any
materials provided by any third parties.
Changes to the Website
The Company may update the content on this Website on one or more
occasions, but its content is not necessarily complete or
up-to-date. Any of the material on the Website may be out of date
at any given time, and the Company is not required to update that
material.
Information About You and Your Visits to the Website
All information the Company collects on this Website is subject to
its Privacy Policy. By using the Website, you consent to all
actions taken by the Company with respect to your information in
compliance with the Privacy Policy.
Online Purchases and Other Terms
All purchases through the Website or other transactions for the
sale of goods formed through the Website or as a result of visits
made by you are governed by the Website’s Terms of Sale, which are
incorporated into this agreement.
Additional terms may also apply to specific portions, services, or
features of the Website. Any additional terms are incorporated by
this reference into this agreement.
Linking to the Website
You may link to the Website’s homepage, on condition that you do
so in a way that is fair and legal and does not damage the
Company’s reputation or take advantage of it, but you must not
establish a link in a way that suggests any form of association,
approval, or endorsement on the Company’s part without the
Company’s express written consent.
Links from the Website
If the Website contains links to other websites and resources
provided by third parties, these links are provided for your
convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. The Company
has no control over the contents of those websites or resources
and accepts no responsibility for them or for any loss or damage
that may arise from your use of them. If you decide to access any
of the third-party websites linked to this Website, you do so
entirely at your own risk and subject to the terms and conditions
of use for those websites.
Electronic Communications from the Website
By providing your email address, you consent to receiving
electronic communications from the Company regarding your order.
You also consent to receiving certain other communications from
the Company, including newsletters about new features and content,
special offers, promotional announcements, and customer surveys
via email. You acknowledge that electronic communications you
receive from the Company may contain links to third-party websites
or resources. You acknowledge that the Company is not responsible
or liable for (a) the availability or accuracy of those websites
or resources; or (b) the content, products, or services on or
available from those websites or resources. Links to those
websites or resources do not imply any endorsement by the Company
of those websites or resources. You acknowledge sole
responsibility for and assume all risk arising from your use of
any third-party websites or resources.
Geographic Restrictions
The owner of the Website is based in the United States. The
Company provides this Website for use only by persons located in
the United States. The Company makes no claims that the Website or
any of its content is accessible or appropriate outside of the
United States. Access to the Website may not be legal by certain
persons or in certain countries. If you access the Website from
outside the United States, you do so on your own initiative and
are responsible for compliance with local laws.
Health Disclaimers
Before using Nagano Tonic , we recommend that you consult with
your physician or other qualified health provider and receive
medical permission to use Nagano Tonic .
Any references to physical or mental health on the Website
constitutes an educational service consisting solely of general
health information. The materials on the Website are provided “as
is” and without warranties of any kind either express or implied.
Not a Substitute for Professional Medical Advice or Treatment. The
Website’s content is not a substitute for direct, personal,
professional medical care and diagnosis. None of the exercises or
treatments (including products and services) mentioned on the
Website should be performed or otherwise used without clearance
from your physician or health care provider. The information
contained within the Website is not intended to provide specific
physical or mental health advice, or any other advice, for any
individual and should not be relied on in that regard. Neither the
Company nor its owner are medical professionals and nothing on
this Website should be misconstrued to mean otherwise.
Health Risks. There may be risks associated with participating in
activities mentioned on the Website. If you choose to participate
in these risks, you do so of your own free will and accord,
knowingly and voluntarily assuming all risks associated with those
activities.
Injuries or Death. You will hold the Website, its owner, agents,
and employees harmless from all liability for all claims for
damages due to injuries or death, including attorneys’ fees and
costs, incurred by you or third parties, arising out of or
relating to the activities discussed on this Website, excepting
only claims for gross negligence or intentional tort.
Disclaimer of Warranties
You understand that the Company cannot and does not guarantee or
warrant that files available for downloading from the Internet or
the Website will be free of viruses or other destructive code. You
are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for anti-virus
protection and accuracy of data input and output, and for
maintaining a means external to the Website for any reconstruction
of any lost data. To the greatest extent provided by law, the
Company will not be liable for any loss or damage caused by a
distributed denial-of-service attack, viruses, or other
technologically harmful material that may infect your computer
equipment, computer programs, data, or other proprietary material
due to your use of the Website or any services or items obtained
through the Website or to your downloading of any material posted
on it, or on any website linked to it.
Your use of the Website, its content, and any services or items
obtained through the Website is at your own risk. The Website, its
content, and any services or items obtained through the Website
are provided “as is” and “as available,” without any warranties of
any kind, either express or implied. Neither the Company nor any
person associated with the Company is making any warranty or
representation with respect to the completeness, security,
reliability, quality, accuracy, or availability of the Website.
Neither the Company nor anyone associated with the Company
represents or warrants that the Website, its content, or any
services or items obtained through the Website will be accurate,
reliable, error-free, or uninterrupted, that defects will be
corrected, that the Website or the server that makes it available
are free of viruses or other harmful components, or that the
Website or any services or items obtained through the Website will
otherwise meet your needs or expectations.
To the greatest extent provided by law, the Company hereby
disclaims all warranties of any kind, whether express or implied,
statutory, or otherwise, including but not limited to any
warranties of merchantability, noninfringement, and fitness for
particular purpose.
The foregoing does not affect any warranties that cannot be
excluded or limited under applicable law.
Limitation on Liability
To the greatest extent provided by law, in no event will the
Company, its affiliates, or their licensors, service providers,
employees, agents, officers, or directors be liable for damages of
any kind, under any legal theory, arising out of or in connection
with your use, or inability to use, the Website, any websites
linked to it, any content on the Website or those other websites
or any services or items obtained through the Website or those
other websites, including any direct, indirect, special,
incidental, consequential, or punitive damages, including personal
injury, pain and suffering, emotional distress, loss of revenue,
loss of profits, loss of business or anticipated savings, loss of
use, loss of goodwill, loss of data, and whether caused by tort
(including negligence), breach of contract, or otherwise, even if
foreseeable. In addition, the Company is not liable for any spam
emails that come from a third party claiming to be the Company or
its owner. Nor will the Company be liable for any spam emails from
third parties promoting our products.
The foregoing does not affect any liability that cannot be
excluded or limited under applicable law.
Indemnification
You will defend, indemnify, and hold harmless the Company, its
affiliates, licensors, and service providers, and its and their
respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors, and assigns from and against any
claims, liabilities, damages, judgments, awards, losses, costs,
expenses, or fees (including reasonable attorneys’ fees) arising
out of or relating to your violation of this agreement or your use
of the Website, including your User Contributions, any use of the
Website’s content, services, and products other than as expressly
authorized in this agreement or your use of any information
obtained from the Website.
Governing Law and Jurisdiction
Michigan law governs all matters relating to the Website and this
agreement and any dispute or claim arising from or related to it
(in each case, including non-contractual disputes or claims)
without giving effect to any choice or conflict of law provision
or rule (whether of Michigan or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related
to, this agreement or the Website not subject to arbitration will
be instituted exclusively in the federal courts of the United
States located in the state of Michigan or the state courts of the
state of Michigan, although the Company may bring any suit,
action, or proceeding against you for breach of this agreement in
your country of residence or any other relevant country. You waive
all objections to the exercise of jurisdiction over you by those
courts and to venue in those courts.
Arbitration
At the Company’s sole discretion, it may require you to submit any
disputes arising from this agreement or the use of the Website,
including disputes arising from or concerning the interpretation,
violation, invalidity, nonperformance, or termination of this
agreement, to final and binding arbitration under the Rules of
Arbitration of the American Arbitration Association applying
Michigan law.
Class Action Waiver
All claims arising out of or relating to this agreement or the
Website must be brought in the parties’ individual capacity, and
not as a plaintiff or class member in any purported class or
representative proceeding, and, unless the Company agrees
otherwise, the arbitrator must not consolidate more than one
person’s claims.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or
relating to this agreement or the Website must be commenced within
one year after the cause of action accrues, otherwise, that cause
of action or claim is permanently barred.
Waiver and Severability
No waiver by the Company of any term stated in this agreement will
be deemed a further or continuing waiver of that term or a waiver
of any other term, and any failure of the Company to assert a
right or provision under this agreement will not constitute a
waiver of that right or provision.
If any provision of this agreement is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal, or
unenforceable for any reason, that provision will be eliminated or
limited to the minimum extent so that the remaining provisions of
this agreement will continue in full effect.
Entire Agreement
This agreement, the Privacy Policy, and the Terms of Sale
constitute the entire agreement between you and the Company
regarding the Website and supersede all earlier and
contemporaneous understandings, agreements, representations, and
warranties, both written and oral, regarding the Website.
Feedback
The Company encourages you to give feedback about the Company or
the Website. But the Company will not treat as confidential any
suggestion or idea you give, and nothing in this agreement will
restrict the Company’s right to use, profit from, disclose,
publish, or otherwise exploit any feedback, without payment to
you.
Your Comments and Concerns
This Website is operated by Nagano Tonic , 1 Yonge St, Suite 1801,
Toronto M5E 1W7. All feedback, comments, requests for technical
support, and other communications relating to the Website should
be directed to: support@leanbodytonic.com..