TERMS OF PURCHASE – DA VINCI BODYBOARD PRODUCTS & CERTIFICATION
These are the Terms of Purchase (the “Terms of Purchase”) for your purchase of a Da Vinci Body Board product (each, a “Product”) offered through this website. When you purchase a Product on this website, you are purchasing the product from Da Vinci Body Board, LLC, a Vermont limited liability company. References in these Terms of Purchase to “us,” “our” or “we” means Da Vinci Body Board, LLC.
Please read the following Terms of Purchase as they form a legally binding agreement between us and you for your purchase of Products. Your purchase and use of any Product is conditional upon you agreeing to these Terms of Purchase.
1. Personal Use Only; Physician Consultation. You have elected to purchase the Product for personal use only. You may not, and may not allow others, to USE, display, lease OR loan the Product for any commercial purpose. Any use, display, lease or loan of the Product for any commercial purpose requires the user to become certified by Da Vinci Body Board, LLC through our Da Vinci Body Board Certification process (refer below to term 2: Da Vinci BodyBoard Certification Program). For more information about this Certification, please visit our website at davincibodyboard.com
USE OF THE PRODUCT INVOLVES PHYSICAL EXERCISE. YOU SHOULD CONSULT A PHYSICIAN BEFORE USING THIS PRODUCT OR ENGAGING IN ANY EXERCISE PROGRAM.
2. Da Vinci BodyBoard Certification Program. Da Vinci Body Board, LLC offers a certification program which provides qualified purchasers instruction and training and thereby allows them to use the Product for commercial purposes as described in these Terms of Purchase (the “Da Vinci Body Board Certification Program”). The certification process of the Da Vinci Body Board Certification Program is described on our website at davincibodyboard.com. By completing the Da Vinci Body Board Certification Program, you are agreeing to the restrictions and obligations contained in these Terms of Purchase.
Qualification. The Certification Program is open only to individuals who certify to Da Vinci Body Board, LLC that they have a current fitness certification. A fitness certification includes, without limitation, certified personal trainers, yoga instructors, pilates instructors and such other certifications as Da Vinci Body Board, LLC determines in its sole discretion meet its requirements for the Certification Program. You will be asked to provide a description of your certification when ordering the Product and signing up for the Certification Program. Da Vinci Body Board, LLC reserves the right to decline to provide the Certification Program or sell a Product to any person in its sole discretion.
Commercial Use. Once you have successfully completed the Da Vinci Body Board Certification Program, you are authorized by Da Vinci Body Board, LLC to use and display the Product for commercial purposes subject to the limitations contained in these Terms of Purchase. You may display and use the Product only for the following commercial purposes:
- to teach fitness classes using the Product
- to provide instruction and supervision of others use of the Product.
These are the only commercial uses which may be made of the Product and You may not, and may not allow others, to USE, display, lease OR loan the Product for any other commercial purpose.
LIMITATIONS AND INDEMNITY. YOU ARE SOLELY RESPONSIBLE FOR ANY INJURY, DEATH, DAMAGE, CLAIM, COST, EXPENSE OR OTHER LIABILITY (COLLECTIVELY, “DAMAGES”) ARISING FROM YOUR COMMERCIAL USE OF THE PRODUCT AND DA VINCI BODY BOARD, LLC SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES ARISING FROM SUCH USE OF THE PRODUCT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DA VINCI BODY BOARD, LLC, AND ITS AFFILIATES, OWNERS, OFFICERS, MANAGERS, EMPLOYEES AND AGENTS HARMLESS FOR ALL DAMAGES ARISING FROM THE USE OR MISUSE OF THE PRODUCT FOR COMMERCIAL PURPOSES.
3. Pricing and Ordering the Product; Product Contents. The prices for each Product offered on this website and instructions for ordering the Product are listed separately on this website.
4. Payment Types. This website accepts all major credit cards. If you would like to make a purchase and do not want to use a credit card, please contact us at: firstname.lastname@example.org or by phone at 888-909-9855 to make other payment arrangements.
5. LIMITED WARRANTY: Refunds and Returns. Once you order a Product and pay the purchase price for the Product through this website, the purchase price is non-refundable except in the limited circumstances described below. No other refunds or returns will be honored other than as described in this Section 4. THE TERMS IN THIS SECTION ARE THE TERMS OF THE LIMITED WARRANTY THAT WE PROVIDE for the product.
30 Day Money Back Guaranty. If you are not completely satisfied with the Product or desire to return the Product for any reason during the 30 day period after delivery of the Product, you may return the Product to us during that 30 day period and receive a full refund of the purchase price. You must pay for shipping the Product to us in order to receive the refund of the purchase price.
Defects and Returns for Body Board and Straps. The Product is made up of the body board, and straps which are attached to the body board. If the body board portion of the Product is defective, broken or malfunctions within the 90-day period after purchase of the Product, you may return the body board to us during that 90-day period and receive a replacement of the body board portion of the Product. If the straps are defective, broken or malfunction within the 90-day period after purchase of the Product, you may return the straps during that 90-day period and receive a replacement of the straps only. No other replacements or refunds will be offered. No replacements or refunds will be offered for any portion of the Product that is defective, broken or malfunctions as a result of misuse, negligence, abuse or failure to follow instructions.
First Purchaser; Disclaimer. Our obligations only apply to the first purchaser of the Product and do not apply to others. EXCEPT AS EXPRESSLY DESCRIBED IN THIS SECTION 4, DA VINCI BODY BOARD, llc DISCLAIMS ALL OTHER EXPRESS WARRANTIES OF ANY KIND. TO THE EXTENT ALLOWED BY LAW, ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE PERIODS DESCRIBED IN THE PARAGRAPH ABOVE ENTITLED “Defects and Returns for Body Board and Straps.”
State Law. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Contact; Return Shipping. To receive a refund or replacement as described above, contact us at email@example.com or by phone at 888-909-9855 during normal operating hours. We will provide you with an address where to return the Product. You must pay for shipping the Product to us in connection with any return or replacement. We will pay for shipping a replacement to you.
6. Confirmation of Order and Delivery. When you place an order through this website, we will email you with a confirmation of your order to the email address you provide through the ordering process. The Product will be delivered to the address you indicate in the ordering process.
7. Contact Information for Delivery, Status of Order, Returns. For information about the status of your order prior to delivery of the Product or how to obtain a replacement as described above, you may contact Da Vinci Body Board, LLC by email at firstname.lastname@example.org or by phone at 888-909-9855 during normal operating hours.
9. Title and Risk of Loss; Taxes. Title and risk of loss for Products shall pass to you upon delivery of the Product to you. Your purchase price includes the cost of all applicable shipping and all sales and other taxes (if applicable).
10. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Da Vinci Body Board, LLC, AND ITS SUBSIDIARIES, AFFILIATES, OWNERS, MEMBERS, SUBSIDIARIES, OFFICERS, MANAGERS, EMPLOYEES AND AGENTS (THE “PROTECTED PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE PRODUCTS. IN NO EVENT SHALL THE PROTECTED PARTIES TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR THE. PRODUCT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Governing Law; Venue; Severability. These terms shall be governed by the laws of the state of Vermont, which is the location of Da Vinci Body Board, LLC’s place of business, without giving effect to its conflict of laws provisions. You agree that any dispute arising out of or related to these Terms of Purchase shall be litigated exclusively in the federal courts of such state, or to the extent federal courts do not have jurisdiction, the state courts of such state.
These Terms of Purchase will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Purchase are held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) such provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) such invalidity or unenforceability will not affect any other provision of these Terms of Purchase.
12. Entire Agreement. These Terms of Purchase constitute the entire agreement between you and Da Vinci Body Board, LLC regarding your purchase of any Product. No person or entity not a party to this Agreement will be deemed to be a third party beneficiary of these Terms of Purchase or any provision hereof.
13. Assignment. You may not assign your rights and obligations under these Terms of Purchase without the consent of Da Vinci Body Board, LLC. Da Vinci Body Board, LLC may without consent assign its rights and obligations under these Terms of Purchase to any party that acquires substantially all of the assets or ownership of Da Vinci Body Board, LLC.