Terms Of Service

THE BODY DEPARTMENT'S TERMS OF USE

Welcome to thebodydepartment.com! The Body Department (TBD) provides services to you on thebodydepartment.com subject to the terms set forth herein. When you use any of our services, you are subject to the policies, terms, and conditions applicable to that service. We reserve the right to change any of the information on thebodydepartment.com and these terms and conditions at any time. By accessing or otherwise using TBD you are indicating your agreement to the Terms and Conditions contained herein. Please read them carefully.

USE OF TBD

By using thebodydepartment.com you represent and warrant that you are more than 18 years of age or are visiting thebodydepartment.com with the permission and supervision of a parent or guardian.

Subject to these Terms and Conditions, TBD hereby grants you a limited, revocable, non-exclusive license to access and use the thebodydepartment.com website on your computer or mobile device. Except as permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from the TBD website unless expressly permitted by TBD. TBD reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to thebodydepartment.com.

USER REVIEWS, PHOTOS & COMMENTS

Anything posted or otherwise submitted to TBD, whether on the thebodydepartment.com website, through a mobile application, blog or via any form of social media, will be treated as public and nonproporietary. By submitting photographs, comments or other materials to TBD, you grant TBD a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions. All such submissions shall automatically become TBD’s sole and exclusive property. In addition, when you post photographs, reviews or comments to thebodydepartment.com or on any of TBD’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. You further represent and warrant that you own or otherwise control all rights to any content submitted to TBD.

INTELLECTUAL PROPERTY RIGHTS

All graphics, images and content on the thebodydepartment.com website, blog and mobile application belong exclusively to TBD, or its affiliates. The use of any TBD trademarks or service marks without TBD’s express written consent is strictly prohibited. You may not use TBD’s trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit TBD. In addition, you may not use any of TBD’s trademarks or service marks in meta tags without TBD’s explicit prior consent.

PRIVACY POLICY

Please review our Privacy Policy.

INTERNATIONAL ACCESS

Customers who access and use the thebodydepartment.com website from outside of the United States are responsible for complying with their local laws and regulations.

DISCLAIMER; LIMITATION OF LIABILITY; RISK OF LOSS

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE ERROR FREE OR UNINTERRUPTED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.

ERRORS

Accidents happen. In the event that a product is listed incorrectly (e.g. price or description) due to a typographical error or other mistake, we reserve the right to refuse or cancel any orders that may have been placed for such a product listed. If your credit card has already been charged for such an erroneous purchase, we shall issue a credit to your card for the full amount of the charge.

OUTSIDE LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

COPYRIGHT COMPLAINTS

TBD deeply respects the intellectual property of others. Please contact info@thebodydepartment.com if you believe that any content on thebodydepartment.com constitutes an infringement of your copyrights.

APPLICABLE LAW; DISPUTES; REMEDIES

The laws of the State of California will govern these disclaimers, terms, and conditions. Any dispute relating in any way to your visit to the thebodydepartment.com website or products purchased on thebodydepartment.com shall be submitted to confidential arbitration in Los Angeles, California, except in regards to issues regarding violations of TBD’s intellectual property rights, which we may seek relief from in any state or federal court in the State of California. By using the thebodydepartment.com website, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California.

By using thebodydepartment.com you agree that TBD’s remedy at law for any actual or threatened breach of these Terms of Use would be inadequate. As such, TBD shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that we may be entitled to recover, along with our reasonable expenses for any form of dispute resolution, including, without limitation, our attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

SEVERABILITY

If any the provisions in these Terms of Use are deemed invalid or otherwise unenforceable, that condition shall be deemed several and shall not affect the enforceability of the remaining provisions.

OUR ADDRESS

Please send any questions regarding these Terms of Use to:

8444 Wilshire Blvd, Floor 2

Beverly Hills, CA 90211

Phone: (323) 378-6505

International: +1-323-378-6505