Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in BodyKore's sole discretion. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers should check this User Agreement and the Privacy Pledge frequently. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "BodyKore" shall relate to BodyKore and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. This Sale Agreement constitutes the entire agreement between the Customer and BodyKore relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by BodyKore. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting BodyKore. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.Disclaimer
Warning! Do not use our equipment or parts without a complete understanding of its intended purpose and function. By using our products the user accepts full responsibility for all risks and injury and waives any right to themselves, their heirs, their executors or any part to hold the manufacturer or its representatives responsible for any direct or indirect damages whatsoever caused by use of this equipment. Please consult a physician before starting any form of strength and or any exercise program. By placing an order with BodyKore you are agreeing not to hold BodyKore, its owners and its employees liable for any medical conditions that could arise. The materials on this website may contain inaccuracies or typographical errors. BodyKore does not warrant the accuracy, reliability of the information displayed or distributed through this website.Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN SAN BERNARDINO COUNTY, CA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by BodyKore is BodyKore's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).Limitation of Liability
BodyKore WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. BodyKore WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, BodyKore IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.Export Sales
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.General Legal Disclaimer
BodyKore HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY BodyKore IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.Internet Disclaimer
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations limit download speed to 53Kbps.Purchasing from our Web site
All purchases made at our online store are secured with internet standard 128 bit SSL encryption. • We collect your name, address and payment information to process your order. However, you may provide credit card and payment information by telephone. • We do not save or store any credit card information submitted during any purchasing made online or by telephone. • We do not sell or distribute any personal information for any reason. We respect your privacy. Our goal here at BodyKore is to provide a safe and secure online experience for all of our shoppers.Payments
All orders must be pre-paid before any further action is taken. BodyKore accepts the following methods of payment: credit card, money order, cashier’s check, or personal/company check. Accepted credit cards include: Visa, MasterCard, American Express and Discover. Please note that orders will not be processed until all checks are cleared which may take up two weeks. A $20 charge will be assessed on all returned checks.Warranty Information
BodyKore warranty covers only failures due to defects in materials and workmanship for 30 days unless a longer warranty is listed. This does not apply to Treadmill Replacement Belts, Key Pads and Overlays. BodyKore does not cover damage that occurs in shipment or failures due to misuse, abuse, neglect, misapplication, alteration or improper assembly of the product. This warranty does not cover the use or failure of equipment in commercial or institutional applications. Replacement or repair as provided for under this warranty is the sole remedy of the user and customer shall be responsible for paying freight charges. BodyKore shall not be liable for any incidental or consequential damages or for breach of any express or implied warranty on this product. At its sole discretion, BodyKore reserves the right to use or provide reconditioned parts and/or to request a return and repair existing defective or broken parts.CA Tax
Customers in California residences are required to pay the CA state sales of 9.75% on all orders, except for shipping charges. Our check out system already accounts for this sales tax charge for CA residents.Company Policy
BodyKore reserves the right to update the policies and conditions displayed on this website.Copyrights and Trademarks
BodyKore is not affiliated with the companies from which we distribute their products. All copyrights are trademarks of their respective companies. BodyKore is owned and operated by ABSystems, Inc.