KP Innovations, LLC
Website Terms and Conditions of Use
By accessing and using this website, BuildMyBod.com ("Site") which is
owned and operated by KP Innovations, L.L.C. ("KP Innovations or "we" or "our"
or BuildMyBod.com"), you agree to these Website Terms and Conditions of Use,
our Privacy Statement, and all applicable laws and regulations, and agree that
you are responsible for compliance with any applicable local laws. When we use
the terms "you", "your", "user", "accountholder" or "member", we are referring to
the user or viewer of our website.
If you do not agree with any of these terms, you are prohibited from using or
accessing this Site. The right to use BuildMyBod.com is personal to you and is
not transferable to any other person or entity. The materials contained in this
Website are protected by applicable copyright and trade mark law.
2. Permitted Uses
The Site provides an interactive online service operated by KP Innovations,
consisting primarily of promotion and marketing services on behalf of certain
merchants ("Merchants") making vouchers for Merchant goods and services
("Vouchers") available to its users. Vouchers may be purchased by KP
Innovations account holders and exchanged for goods and services from the
issuing Merchants and subject to the Terms of Sale set forth below. As a
condition of your use of this Site, you agree that:
• You are an individual person at least 18 years of age;
• You possess the authority to create a binding legal obligation;
• Your use of this Site will at all times comply with the terms of this Agreement;
• If you elect to create an account:
• You may create only one account for your personal use;
• You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
• You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another;
• You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
• You have the right to provide any and all information you submit to the
Site, the information is only about yourself, and all such information is
accurate, true, current and complete.
3. Disclaimer of Warranties
The materials on BuildMyBod.com's Website are provided "as is" and you agree
to use BuildMyBod.com at your sole risk. BuildMyBod.com makes no warranties,
expressed or implied, and hereby disclaims and negates all other warranties,
including without limitation, implied warranties or conditions of merchantability,
fitness for a particular purpose, or non-infringement of intellectual property or
other violation of rights. Further, BuildMyBod.com does not warrant or make any
representations concerning the accuracy, likely results, or reliability of the use of
the materials on its Internet website or otherwise relating to such materials or on
any sites linked to this site. BuildMyBod.com is not responsible or liable for any
result that may arise from the use of this website or from the use of 3rd party
products and services listed on this Website.
BUILDMYBOD.COM MAKES NO WARRANTY WITH REGARD TO ANY
PRODUCTS, SERVICES, OR REWARDS OBTAINED BY USERS THROUGH
BUILDMYBOD.COM OR THROUGH BUILDMYBOD.COM ADVERTISERS OR
PARTNERS; THAT BUILDMYBOD.COM WILL MEET USERS'
REQUIREMENTS; OR THAT BUILDMYBOD.COM WILL BE UNINTERRUPTED,
TIMELY, ERROR FREE; NOR DOES BUILDMYBOD.COM MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF BUILDMYBOD.COM OR AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION OBTAINED THROUGH BUILDMYBOD.COM.
BuildMyBod.com expressly disclaims any and all express and implied warranties,
including, but not limited to, the implied warranties of merchantability, fitness for a
particular purpose, and non-infringement. BuildMyBod.com shall not be liable or
responsible for those guarantees, warranties, and representations, if any, offered
by BuildMyBod.com advertisers, partners, manufacturers of merchandise, or
suppliers of services. No advice or information, whether oral or written, obtained
by user from BuildMyBod.com or through BuildMyBod.com shall create any
warranty not expressly made herein.
In no event shall BuildMyBod.com, its subsidiaries or affiliates nor any of their
employees, agents, advertisers, merchants or partners be liable for any damages
(including, without limitation, indirect or consequential damages, loss of profits or
special or punitive damages, or any other loss or damage whatsoever) arising
out of or related to your use of this site, the content, statements and other
information contained therein, the products or services available through the site
arising out of the use or inability to use the materials on BuildMyBod.com's
website, even if BuildMyBod.com or a BuildMyBod.com authorized
representative has been notified orally or in writing of the possibility of such
IN NO EVENT WILL KP INNOVATION'S LIABILITY IN CONNECTION
WITH A VOUCHER OR A PRODUCT OR SERVICE EXCEED THE AMOUNTS
PAID FOR SUCH VOUCHER, PRODUCT OR SERVICE.
5. Creating an Account on our Site
If you create an account on our Site, you may only create and hold one account
that you are solely responsible for managing. Your account is non-transferrable
and may not be sold, combined or otherwise shared with any other person. If you
violate any of these limitations we may terminate your account and, without
limitation, you may forfeit any pending, current or future promotional account
credits and any unredeemed vouchers in your account. If we terminate your
account, you may not re-enroll or join under a new account unless we formally
invite you. If you commit fraud or falsify information in connection with your use of
the Site or in connection with your KP Innovations' account, your account will be
terminated immediately and we reserve the right to hold you liable for any and all
damages that we suffer, to pursue legal action through relevant local and
national law enforcement authorities and to notify your Internet Service Provider
of any fraudulent activity we associate with you or your use of the Site.
6. Terms of Sale
Vouchers you purchase through our Site as a KP Innovations account holder are
special promotional offers that you purchase from participating Merchants
through our service. The vouchers are redeemable for certain goods, services or
experiences offered by, or facilitated through, the Merchant identified on the
voucher. The Merchant is solely responsible for redeeming the voucher. The
Merchant is the issuer of the voucher and is fully responsible for all goods and
services it provides to you and for any and all injuries, illnesses, damages,
claims, liabilities and costs ("Liabilities") it may cause you to suffer, directly or
indirectly, in full or in part, whether related to the use or redemption of a voucher
or not. You hereby waive and release KP Innovations and its subsidiaries,
affiliates, partners, officers, directors, employees and agents from any Liabilities
arising from or related to any act or omission of a Merchant in connection with
your use of a Voucher or the services it provides in connection with the Voucher.
By purchasing any Voucher, you agree to the terms of this Agreement and these
Terms of Sale. By purchasing, viewing a mobile version, printing, accepting,
using or attempting to use any voucher, you agree to these Terms of Sale
specifically ("rules") the terms on the voucher itself and any additional, deal
specific terms advertising the voucher at the time of purchase (collectively, the
"fine print" regardless of how labeled). These rules apply to all promotional
vouchers that we make available, unless a particular voucher's fine print states
otherwise, and except as otherwise required by law. In the event of a conflict
between these rules and a Voucher's fine print, the Voucher's fine print will
KP Innovations is a service provider for the Merchant identified on the voucher
and the Merchant is the sole issuer of the voucher. Vouchers have two separate
values: (a) the "amount paid" and (b) the promotional value. The "promotional
value" is the additional value beyond the amount paid. Together, the amount paid
and the promotional value equals the "full offer value" of the voucher. For
example, if you pay $200 for a voucher that gets you $350 of goods or services
from a Merchant, the full offer value is $350, the amount paid is $200 (this
amount does not expire until it is used or is refunded), and the promotional value
is $150 (this amount expires on the date stated on the Voucher unless expiration
of the promotional value is prohibited by law).
The materials appearing on BuildMyBod.com's website could include technical,
typographical, or photographic errors. BuildMyBod.com does not warrant that any
of the materials on its website are accurate, complete, or current.
BuildMyBod.com may make changes to the materials contained on its website at
any time without notice. BuildMyBod.com does not, however, make any
commitment to update the materials. We can make changes for legal or
administrative reasons, or to correct an inaccurate statement.
BuildMyBod.com has not reviewed all of the sites linked to its Internet website
and is not responsible for the contents of any such linked site. The inclusion of
any link does not imply endorsement by BuildMyBod.com of the site. Use of any
such linked website is at the user's own risk.
without notice. By using this website you are agreeing to be bound by the then
current version of these Terms and Conditions of Use. A user's non-termination
or continued use of BuildMyBod.com constitutes an affirmative acknowledgement
by the user of any modifications to the Terms and Conditions of Use and consent
to abide and be bound by any terms thereof. At any time, if a user does not
agree with the Terms and Conditions of Use, the user may discontinue using the
website. BuildMyBod.com shall not be liable to any user or any third party should
BuildMyBod.com exercise its right to modify or discontinue the BuildMyBod.com
10. Modification of this Agreement or Change in Terms
KP Innovations shall have the right at any time to change or modify the terms
and conditions of use applicable to your use of BuildMyBod.com, or any part
thereof, or to impose new conditions. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof, which may be given
by means including, but not limited to, posting on BuildMyBod.com, or by electric
or conventional mail, or by other means by which you obtain notice thereof. Any
use of BuildMyBod.com by you after such notice shall be deemed to constitute
acceptance by you of such changes, modifications or additions. We suggest that
any such notifications of changes to the Site.
We also reserve the right to change or discontinue any aspect or feature of our
services or the Site including, but not limited to, requirements for access or use.
11. Governing Law
Any claim relating to BuildMyBod.com's website shall be governed by the laws of
the State of Louisiana, without regard to its conflict of law provisions.
We will make every reasonable effort to resolve any disagreements that you
have with KP Innovations. If those efforts fail, by using this Site you agree that
any claim, dispute, or controversy you may have against KP Innovations arising
out of, relating to, or connected in any way with this Agreement, this Site or the
purchase or sale of any Voucher(s), shall be resolved exclusively by binding
arbitration administered by the American Arbitration Association ("AAA") and
conducted before a single arbitrator pursuant to the applicable Rules and
Procedures established by AAA ("Rules and Procedures"). You agree further
that: (a) the arbitration shall be held in Baton Rouge, Louisiana; (b) the arbitrator
shall apply Louisiana law consistent with the Federal Arbitration Act and
applicable statutes of limitations, and shall honor claims of privilege recognized
at law; (c) there shall be no authority for any claims to be arbitrated on a class or
representative basis; arbitration can decide only your and KP Innovations'
individual claims; and the arbitrator may not consolidate or join the claims of
other persons or parties who may be similarly situated; (d) in the event that you
are able to demonstrate that the costs of arbitration will be prohibitive as
compared to the costs of litigation, KP Innovations will pay as much of your filing
and hearing fees in connection with the arbitration as the arbitrator deems
necessary to prevent the arbitration from being cost-prohibitive; and (e) with the
exception of subpart (c) above, if any part of this arbitration provision is deemed
to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and
Procedures established by AAA, then the balance of this arbitration provision
shall remain in effect and shall be construed in accordance with its terms as if the
invalid, unenforceable, illegal or conflicting provision were not contained herein.
If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the
entirety of this Arbitration Provision shall be null and void, and neither you nor KP
Innovations shall be entitled to arbitrate their dispute.
You agree to defend, indemnify and hold harmless KP Innovations, its
subsidiaries, affiliates and their respective directors, officers, employees and
agents from and against all claims and expenses, including attorneys' fees,
arising out of or related to any products or services purchased by you in
connection with the Site or any use of the Site in violation of these Terms.
You are solely responsible for your interactions with Merchants and other users
of the Site. To the extent permitted under applicable laws, you hereby release KP
Innovations from any and all claims or liability related to any product or service of
a Merchant, any action or inaction by Merchant, including Merchant's failure to
comply with applicable law and/or failure to abide by the terms of a KP
Innovations, and any conduct or speech, whether online or offline, of any other
the foregoing, KP Innovations shall have the right to immediately terminate or
suspend any of your passwords or accounts in the event KP Innovations
considers, in its sole discretion, any of your conduct to be unacceptable, or in the
event you breach this Agreement. Notwithstanding the above, these Terms of
Use will survive termination of this Agreement.
15. Membership Termination
BuildMyBod.com may at anytime terminate any user's access to the website for
any reason without prior notice, with or without cause, and such user's right to
use the website shall immediately cease upon termination. Some reasons for
termination includes, but is not limited to:
a. Any user found violating any terms set forth in the Terms and Conditions
b. Any users using or supplying false information on BuildMyBod.com or on
Should Member object to any of the provisions of these Terms and Conditions of
Use, or any subsequent modifications thereto, or become dissatisfied with
BuildMyBod.com, a user's only recourse is to immediately discontinue
participation in BuildMyBod.com.
16. Limitation of Liability
In no event will BuildMyBod.com be liable for any loss or damage including
without limitation, indirect or consequential loss or damage, or any loss or
damage whatsoever arising from loss of data or profits arising out of, or in
connection with, the use of our website.
Through our website you are able to link to other websites ("Third Party Sites")
which are not under the control of BuildMyBod.com. We have no control over the
nature, content and availability of those sites. The inclusion of any links does not
necessarily imply a recommendation or endorse the views expressed within
We make no guarantees, nor can we be responsible for any information
accessible through these Third Party Sites or included in any materials provided
by such Third Party Sites, including the currency, content, quality, copyright
compliance or legality of such information, nor are we responsible for any
resulting loss or damage relating to the use of such information.
We do not investigate, represent or endorse the accuracy, legality, legitimacy,
validity or reliability of any products, services, deals, coupons or other promotions
("Third Party Products and Promotions") or third party or user generated content,
including advice and recommendations contained on, distributed through, or
linked, downloaded or accessed from these Third Party Sites.
References that we make to any names and marks of third parties, and Third
Party Products and Promotions or hypertext links to related Third Party Sites, do
not constitute or imply our endorsement, sponsorship or recommendation of the
Third Party Products and Promotions.
In addition, and without limiting the foregoing, BuildMyBod.com shall not be liable
for any harm caused by the transmission, through the services provided by or
with the information contained in this website, of a computer virus or other
computer code or programming device that might be used to access, modify,
disrupt or otherwise impede in any manner the operation of any software,
hardware, data or property of the user.
In addition and without limiting the foregoing, BuildMyBod.com makes no
representations and assumes no liability regarding the quality, safety, accuracy
or suitability for any use or purpose of any information or software found on any
Third Party Site not under the control of BuildMyBod.com, regardless of whether
such other website is reached through a hyperlink on this website.
Every effort is made to keep the website up and running smoothly. However,
BuildMyBod.com takes no responsibility for, and will not be liable for, the website
being temporarily unavailable due to technical issues beyond our control.