By entering, using, or connecting to Tighten Body Bar (“TBB” or “Company) website, you (the user) agree that you have read, understand and accept the terms and conditions as set forth herein.
By agreeing to these terms and conditions, you consent to contact by representatives of Tighten Body Bar and its affiliates via phone or email. You may opt out at any time by sending an email to firstname.lastname@example.org.
The copyright in all material provided on TBB’s websites (“Sites”) and in its course materials is held by TBB or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or retransmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of TBB or the copyright owner.
Permission is granted to display, copy, distribute and download the materials on these Sites for personal, non-commercial use only provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
You also may not, without TBB’s permission, “mirror” any material contained on these Sites on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials.
Any unauthorized use of any material contained on these Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
1. PRECIOUS METALS NOTICE
Past performance is not necessarily indicative of future results. Hypothetical performance results may have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program.
One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
RISK DISCLOSURE AND DISCLAIMER STATEMENT
The statements made on this website are opinions of Tighten Body Bar. Past performance is no necessarily indicative of future results. Precious metals, carry risk and investing in precious metals directly or through an IRA is not suitable for all investors. Precious metals and coins may appreciate, depreciate, or stay the same depending on a variety of factors. Precious metals can and will fluctuate unexpectedly. Tighten Body Bar cannot guarantee, and makes no representation, that any metals purchased will appreciate at all or appreciate sufficiently to produce a profit above and beyond the mark up/ commissions charged. The decision to purchase or sell precious metals, and which precious metals to purchase or sell, are the customer’s decision alone, and purchases and sales should be made subject to the customer’s own research, prudence and judgment.
THIS BRIEF STATEMENT CANNOT, OF COURSE, DISCLOSE ALL THE RISKS AND OTHER ASPECTS OF PURCHASING AND SELLING PRECIOUS METALS.
2. INVESTMENT MANAGER DATA
Tighten Body Bar (hereinafter referred to as “TBB” or “Company”) may offer content from third parties on the Website. This content may include types of investments made by certain investment managers, hedge funds, investor qualifications and certain limited historical performance information (the “Manager Data”). AG is granting you a revocable, non-exclusive, non-transferable, limited license/right to access the Manager Data on the Website only for your personal use. In no event shall you publish, retransmit, redistribute or otherwise reproduce any Manager Data in any format to anyone, and you shall not use any Manager Data in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.
You acknowledge and agree that the Company does not guarantee the availability of any data on the Website at any time and that access to the information contained on the Website may be limited or unavailable due to a number of factors, including, but not limited to, periods of peak demand, system upgrades, failure of communications, acts of war or terrorism and other factors both within and without AG’s control. The Company reserves the right to suspend, deny access to or otherwise limit the information made available on the Website at any time and from time to time in its sole and absolute discretion and without prior notice. You understand that the Manager Data may not be current and may quickly become unreliable for a number of reasons, including changes in market conditions or the financial condition of the investment managers or hedge funds. The Company has no obligation to update any of the Manager Data or provide notice of any such change.
3. QUOTES AND E-MAIL ALERTS
Quotes for precious metals (“Quotes”) appearing on the service are supplied by a variety of vendors. Unless otherwise indicated, Quotes are delayed at least 15 minutes. Quotes indicated as “real-time quotes” are made available without delay following their receipt from Quote Vendors. Your actual receipt of real-time quotes may be affected by delays in transmission over the Internet, and by other causes. All Quotes are labeled with “time of last trade” to indicate the timeliness of the data.
All information provided by Quote Vendors and their affiliates (the “Quote Vendors Information”) included in the service is owned by or licensed to Quote Vendors and their affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the Quote Vendors Information only for such user’s personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any Quote Vendors Information in any format to anyone, and no user shall use any Quote Vendors Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise. Prior to the execution of a trade based upon the Quote Vendors Information, you are advised to consult with your broker or other financial representative to verify pricing information. Neither Quote Vendors nor their affiliates make any express or implied warranties (including, without limitation, any warranty or merchantability or fitness for a particular purpose or use) regarding the Quote Vendors Information. The Quote Vendors Information is provided to the users “as is.” Neither Quote Vendors nor their affiliates will be liable to any user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the Quote Vendors Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.
4. CANCELLATION POLICY
Tighten Body Bar requires a 24-hour notice (via phone) to cancel or change all scheduled appointments. Late appointments & cancellations OR no-shows will result in a 100% automatic charge to the card on file, for the total amount of services booked.
5. THIRD-PARTY LINKS AND ADVERTISERS
On occasion, this site may contain links to third parties and/or advertisers. TBB is not responsible for the material contained on any other web site nor does it vouch for the quality or accuracy of any information from any third party or advertiser. You, the user, are solely responsible for any action taken as to information provided by a third party or advertiser.
6. GOVERNING LAW; VENUE
This Agreement and any services hereinafter provided by TBB, shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws rules, statutes or principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.
You irrevocably agree and consent to submit to the personal and exclusive jurisdiction of the state courts or federal courts located within the City of Los Angeles, LA County, California for the purpose of litigating any and all claims or disputes regarding or related to this Agreement. If you bring an action, you will bring such action in the state courts or federal courts located within the City of Los Angeles, LA County, California. You agree that TBB makes and will perform this Agreement in Los Angeles, California.
7. CHOICE OF LAW, BINDING ARBITRATION CLAUSE
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.
By visiting the Site(s) or using the Services, you agree that, except as otherwise specified herein, the laws of the State of California without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between us or any of our affiliates regarding your visit and use of the Site(s) and Services.
We and you agree that in the event of any dispute, the party wishing to address the dispute must contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. We may send you notices via the email address or physical address you provide to us, and all notices to us shall be sent to the following email address: email@example.com. The parties shall then make a good faith effort to resolve the dispute before resorting to more formal means of resolution. In the event that the dispute is not resolved through this procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.
ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to these Terms, including with respect to the interpretation of any provision of these Terms or other agreements between you and us, or concerning the performance or obligations of you and us, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:
Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted at a JAMS facility in your area or at a JAMS facility in Los Angeles, California.
Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
Costs and Fees. You will be subject to a filing fee, set by JAMS, to initiate the arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, and we will remain responsible for its share of costs, expenses and fees plus any costs, expenses and fees required under JAMS procedures.
Litigation. The Federal Arbitration Act and federal arbitration law apply to these Terms. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).
Notwithstanding the arbitration clause herein, the parties also agree that we may bring suit in a court located in Los Angeles, California, to enjoin infringement or other misuse of our intellectual property rights.
Other. The Federal Arbitration Act and federal arbitration law apply to these Terms. Both you and we expressly waive any ability to maintain any class action proceedings in any forum.
8. CLASS-ACTION WAIVER
Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
This website and all information on this website or any other information has been prepared solely for informational purposes and is not a solicitation, or an offer to buy or sell any security, commodity, futures contract, option interests, precious metal investment or the like. The information has been compiled in good faith and from sources believed to be reliable, but is not guaranteed as to its accuracy, timeliness, or completeness. The information does not purport to be a complete description of the precious metals markets, or developments referred to in this website or in any of the materials. All expressions of opinion are subject to change without notice. The information has been compiled and obtained from internal sources and external sources, which we consider and believe to be reliable, but is not guaranteed as to its accuracy, timeliness, or completeness and we have not independently verified such information. Therefore, we assume no responsibility for errors or omissions. We do not undertake to advise you of any changes whatsoever.
The user agrees that neither TBB nor any other entities associated with TBB or this website shall be liable for any direct, indirect, consequential or any other loss arising from the use of this website, or the use of any other information or material. The user also agrees that in no event shall TBB or any other entities associated with TBB or this website, be held liable for any damages, of any kind, including but not limited to, loss of profits, lost savings, or other incidental or consequential damages. Our employees, clients, company and or officers and directors, may from time to time have positions in any of the instruments or investments described or discussed on our website or in our materials. All investments, including precious metals, and the like involve substantial risk. You may lose your entire investment capital and more.
In the event that any results published or promoted in connection with any trading methodology, system, or technique (that are either published, discussed or electronic) are not clearly labeled as hypothetical or simulated per the within disclaimer, the results shall be construed as hypothetical.
In whole or in part, the information available on this website is the property of TBB and/or its affiliates and is protected by copyright and other intellectual property laws. Except as stated herein, you agree not to copy, record, video, photograph, reproduce, distribute, sell, share, disseminate, display, project, publish, post, upload, broadcast, circulate, transmit, retransmit, or the like any of the material or information (in whole or in part) in any form or by any means, including by not limited to, electronic, mechanical, photocopying, recording, or otherwise to anyone, without the express prior written consent of TBB or the copyright owner. TBB may change or discontinue the service of this website at any time without any notice.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto, and cannot be changed or terminated except by a written agreement signed by the parties and shall inure to the benefit of the parties’ successors and assigns.
COSTS AND EXPENSES. Any costs and expenses incurred by TBB (including, without limitation, reasonable attorneys’ fees) in enforcing any of its rights or remedies under this Agreement or in any litigation or lawsuit, including collection of any outstanding balances due, shall be PAID BY YOU THE USER.
NO WAIVER OF RIGHTS. Failure to exercise any right by TBB under this Agreement does not constitute a waiver of such right, unless expressly agreed in writing.
SEVERABILITY. Each of the provisions of this Agreement is severable from every other provision of this Agreement and the invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining provisions of this Agreement.