Welcome to the Body Solid website, currently available at www.bodysolid.com (the “Site”). The Site is provided by Body Solid Incorporated (“Body Solid,” “we,” “our” or “us”). By “Site”, we mean any internet domain address where these Terms are posted and all features, widgets, applications, content, and downloads that are operated by us and that are available through or interact with it, and/or post links to these Terms.
Carefully read these Terms of Use (these “Terms”), as they constitute a written agreement between you and Body Solid, and they affect your legal rights and obligations. Each time you access and/or use the Site, you agree to be bound by and comply with these Terms as updated. If you do not agree with these Terms, do not use our Site.
NOTICE: THESE TERMS CONTAIN AN AGREEMENT FOR ARBITRATION OF DISPUTES, WAIVER OF A JURY TRIAL AND A WAIVER OF PARTICIPATION IN A CLASS ACTION LAWSUIT. SEE THE SECTION ENTITLED “DISPUTE RESOLUTION.”
These Terms govern your use of the Site, regardless of how you access or use it. By using the Site, you also acknowledge and accept the Site’s Privacy Policy and consent to the collection, use and management of your data in accordance with the Privacy Policy. By using the Site, you further agree that Body Solid may change, alter, or modify the settings or configurations on your Device (defined below) in order to allow for or optimize your use of the Site.
In some instances, we may negotiate other conditions that apply to your use of the Site or to a service or product offered via the Site (collectively, “Additional Terms”). If these Terms and any Additional Terms conflict, the Additional Terms will control unless expressly stated otherwise.
1. Site Content, Ownership, Limited License, and Rights of Others
A. Content. The Site contains a variety of: (i) materials and other items relating to Body Solid and its products and services, and similar items from our licensors and other third parties including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, and the design, structure, selection, coordination, expression, the “look and feel” of the Site, and the arrangement of the Site and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Body Solid (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
B. Ownership. The Site (including past, present, and future versions) and the Content are owned or controlled by Body Solid and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Site is the property of Body Solid or our licensors or certain other third parties, and is protected by U.S., and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. Body Solid owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.
C. Limited License. Subject to your strict compliance with these Terms and the Additional Terms, Body Solid grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play and/or print the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) and/or print one copy of the Content for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Site explicitly for you for use as part of your User-Generated Content (defined below) (“Body Solid Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Body Solid Licensed Elements are made available on the Site; but we and our licensors and certain other third parties retain ownership of such Body Solid Licensed Elements. This limited license: (i) does not give you ownership of, or intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Body Solid’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or Body Solid Licensed Elements, subject to certain Additional Terms.
D. Rights of Others. In using the Site, you must respect the intellectual property and other rights of Body Solid and others. Your unauthorized use of Content may violate copyright, trademark, privacy, and other laws, and may result in your personal liability, including potential criminal liability.
Body Solid respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Site, please see Section 5 and Section 6 below.
2. Restrictions on Use
A. Site Use Restrictions. You agree that you will not: (i) unless you are a Body Solid authorized dealer, use the Site for purposes of advertising, soliciting funds, collecting product prices, and selling products; (ii) use meta tags or other “hidden text” utilizing any Body Solid Trademarks or trade names; (iii) engage in activities that violate any right of any third party, or are otherwise objectionable to Body Solid; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Body Solid, or other users of the Site, including the introduction of any or viruses, Trojan horses, spyware, or any other technologies or malicious code; (vi) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Content, or the User-Generated Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Site, including e-mail addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means; or (ix) otherwise violate these Terms.
B. Restrictions on Use of Our Content. You also agree that, in using the Site: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Site by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content (other than to the extent of your permitted use of the Body Solid Licensed Elements, if applicable); (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Body Solid or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
C. Restrictions on Your Interactions with Others. If you participate in an online community of any kind on the Site or otherwise submit content to the Site, you agree that you will not: (i) submit images of anyone without their express permission; (ii) threaten, abuse, harass, curse, discriminate or harm others; (iii) post or submit any defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit material or engage in behavior that harms or attempts to harm others, whether unlawful, offensive, obscene, lewd, lascivious, filthy, violent or threatening; (iv) advertise or promote a product or service or other commercial activity; (v) send “junk mail,” “spam,” “chain letters,” pyramid schemes” or other forms of solicitation; (vi) impersonate any other person, user, or company, or engage in behavior that is false, fraudulent, deceptive, inaccurate, or misleading; (vii) share the information of a person under the age of majority, unless you are the parent or guardian; or (viii) improperly reveal the personal information of others. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor, engage with, or remove content. If you discover content that violates these Terms, please report it to: webmaster@bodysolid.com
D. Availability of Site and Content. Body Solid may immediately suspend or terminate the availability of the Site and Content in whole or in part, for any reason, in Body Solid’s sole discretion, and without advance notice or liability.
E. Your User-Generated Content. If you create, post, upload, or otherwise make available on or submit through the Site (collectively, “submit”) messages, text, avatars, illustrations, files, images, articles, books, academy materials, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and their accompanying ideas (collectively “User-Generated Content”),you grant Body Solid, an unrestricted, irrevocable, worldwide, non-exclusive license to reproduce, display, perform, modify, transmit, distribute, or use it in Body Solid’s sole discretion. You further grant to Body Solid the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you waive any rights you may have in your User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. Any unsolicited ideas or materials you post or send via the Site are User-Generated Content and you license it to us as such. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted. We do not guarantee the security or confidentiality of such submissions and they are made at your own risk.
F. Reservation of All Rights Not Granted as to Content and Site. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Site. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Body Solid and its licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.
(vi) Enforcement. Body Solid has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content. You grant us the right to protect and enforce our rights to your User-Generated Content.
4. Opening and Terminating Accounts; and Profiles
A. Opening and Terminating Accounts. To access the Site’s features, you must first register through our online registration process and create a personal profile (“Profile Page”).
If you are under the age of majority in the jurisdiction in which you reside, then you are not permitted to register as a user, create a Profile Page or submit personal information to Body Solid. You will not sell, transfer, or assign your profile, account or any account rights.
You agree to submit and maintain true and accurate information in your Profile. You understand that you are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity. Please notify us immediately of any unauthorized use of your account at: webmaster@bodysolid.com
We are not liable for any loss or damage to you or any third party arising from your inability or failure to comply with any of the foregoing obligations.
If any information you provide, or if we suspect any information you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, Additional Terms, or any applicable law, we may suspend or terminate your account. We reserve the right to terminate, suspend or deny you access to your account or its benefits –in our sole discretion, for any reason, and without notice or liability.
B. Profiles. Your Profile Page may not include any form of prohibited User-Generated Content, as outlined in these Terms. The Site is for the personal use of its users and may only be used for direct commercial purposes if expressly and specifically authorized by us in writing. Commercial advertisements, endorsements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Profile Pages without notice or explanation and may result in termination of Site user privileges.
We assume no responsibility or liability for users’ profile material. Profile Pages may only be set up by an authorized representative of the individual that is the subject of the Profile Page.
5. Procedure for Alleging Copyright Infringement
A. DMCA Notice. Body Solid will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Site, you may send us a written notice that includes all of the following:
(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Site on which the material appears);
(iv) your full name, address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(vii) your electronic or physical signature.
Body Solid will only respond to DMCA Notices that it receives by mail, e-mail, or facsimile at the addresses below:
By Mail: Body Solid Incorporated, 1900 S. Des Plaines Avenue, Forest Park, Illinois 60130 (Attn: Legal)
By E-Mail: webmaster@bodysolid.com
By Facsimile: 708-427-3556
Body Solid may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements. We may remove allegedly infringing material that comes to our attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Body Solid may terminate a repeat infringer’s access to the Site and any other website owned or operated by Body Solid. See Section 4, above.
B. Counter-Notification. If access on the Site to a work that you submitted to Body Solid is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
(i) a legend or subject line that says: “DMCA Counter-Notification”;
(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Site from which the material was removed or access to it disabled);
(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) your full name, address, telephone number, e-mail address, and the username of your account;
(v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
(vi) your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed of disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
6. Procedure for Alleging Infringement of Other Intellectual Property
If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Site, you may send us a written notice to the addresses set forth above that includes all of the following:
(a) a legend or subject line that says: “Intellectual Property Infringement Notice”;
(b) a description of the intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Site on which the material appears);
(d) your full name, address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
(g) your electronic or physical signature.
We will act on such notices in our sole discretion. Any user of the Site that fails to respond satisfactorily to Body Solid with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
7. Notices and Site Questions
You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Site, or in another reasonable manner; and (2) we may contact you by mail or e-mail sent to the address provided by you. You agree to promptly notify us if you change your e-mail or mailing address by updating your Profile. All legal notices to us must be sent to: Body Solid Incorporated, 1900 S. Des Plaines Avenue, Forest Park, Illinois 60130 (Attn: Legal). If you have a question regarding using the Site, you may contact Body Solid’s Webmaster by sending an e-mail to webmaster@bodysolid.com. You acknowledge that the provision of customer support related to the Site is at Body Solid’s sole discretion.
8. Links by You to the Site
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any trademarked logos or graphics that are owned by or licensed to Body Solid, (b) the links and the content on your website do not suggest any affiliation with Body Solid or cause any other confusion, and (c) the links and the content on your website do not portray Body Solid or its products or services in a false, misleading, derogatory, or offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Body Solid. Body Solid reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
9. Links to Other Sites and Advertisements
A. Linked Sites; Advertisements. Our Site may have links to other websites or make reference to information, documents, software, materials and/or services provided by other parties. We have no control over these websites or resources, nor do we sponsor or endorse them by implication. You agree that Body Solid is not responsible or liable for any content, advertising, or other materials available through these third-party websites and resources, and that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any content, goods, or services available through a third-party website or internet resource. If a third-party website links to our Site, the third party agrees pursuant to these Website Terms of Use to remove and/or disable such link should we so demand.
11. Dispute Resolution
Certain portions of this Section 11 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Body Solid agree that we intend that Section 11 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 11 can only be amended by mutual agreement.
A. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Site, the Content, your User-Generated Content, these Terms, or any Additional Terms, (collectively, “Dispute”), or to any of Body Solid’s actual or alleged intellectual property rights (an “Excluded Dispute”), which includes those actions set forth in Section 11(D)), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent based on the most recent contact information you provide us. If no such information exists or is not current, we have no obligation under this Section 11(A). Your notice to us must be sent to: Body Solid Incorporated, 1900 S. Des Plaines Avenue, Forest Park, Illinois 60130 (Attn: Legal). For a period of sixty (60) days from the date of receipt of notice from the other party, Body Solid and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require you or Body Solid to resolve the Dispute or Excluded Dispute.
B. Forums for Alternative Dispute Resolution.
(i) Arbitration. If we cannot resolve a Dispute as set forth in Section 11(A) within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that these terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of this arbitration provision will remain in force.
(ii) Waiver of Jury Trial. YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY.
Effective Date: March 18, 2025