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Terms and Conditions

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Legal Notices

The following terms and conditions (“Terms”) govern all use of iBody IQ and the iBodyIQ.com website and all content, services, and products available at or through the website, (collectively referred to as “iBody IQ” and taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, iBody IQ’s Privacy Policy) and procedures that may be published from time to time by iBody IQ (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by iBody IQ, acceptance is expressly limited to these Terms.

Our Services are not directed to children. Access to and use of our Services is only for those 18 years of age or older. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.

Use of our Services requires an iBodyIQ.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your password secure.

iBody IQ will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at anytime by following the instructions at the bottom of those e-mails.

1. iBodyIQ.com.

  1. The following applies to your iBodyIQ.com Account.

    If you create a website using your account on iBodyIQ.com, you are responsible for maintaining the security of your account, website(s), and server, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account, website(s), and server(s).

    You must immediately notify iBody IQ in the event that you become aware of any violation of iBody IQ' Terms of Service and/or any unauthorized use of your account, website(s), server(s), and/or any other breaches of security. iBody IQ will not be liable for any acts and/or omissions by you or your Authorized Contacts, including any damages of any kind incurred as a result of such acts and/or omissions.

  2. Responsibilities and Obligations of Customers.

    You warrant and represent that the information you supply in the Order Form (or other information that iBody IQ may require) is accurate and truthful.

    You agree to receive all communications from iBody IQ electronically, including but not limited to, email. You agree that it is your obligation and responsibility to make sure that iBody IQ always has a valid email address on file for you (in your account) which you have access to so you can receive communications from iBody IQ regarding renewal notices, replies to support tickets, account maintenance notifications, or any other communications that are deemed necessary and applicable to your account and associated services. You also acknowledge that failure to do so may result in you not receiving necessary and important communications regarding your account and associated services and that it may result in the termination of your account.

    Without limiting any of those representations or warranties, iBody IQ has the right (though not the obligation) to, in iBody IQ’s sole discretion,

    1. suspend or disable any account, subscription in iBody IQ’s reasonable opinion, violates any iBody IQ Terms or is in any way harmful or objectionable, or
    2. terminate or deny access to, and use of, iBody IQ Services to any individual or entity for any reason.

    In such cases as described above, iBody IQ will have no obligation to provide a refund of any amounts previously paid.

  1. Payment and Renewal.

    1. General Terms.

      iBody IQ uses third party services, such as Square Opens in new window and Groupon Opens in new window to collect payment and by using the respective third party service to make your payment you automatically agree to the respective third party’s terms of service, privacy policy, and other policies that may apply. We are not involved in these relationships.

      By using the Services of iBody IQ which include, but are not limited to, access to 3rd party services, you agree to pay the specified fees for any and all services associated with your account, which we'll bill or charge you for in regular intervals (such as monthly, annually, biennially, or triennially), on a pre-pay basis until you cancel, the exception being that Fees for applicable overages will be invoiced and charged in arrears. You may cancel your services at any time by contacting us. All cancellations are governed by our Cancellations, Reschedules, and Refunds policy.

      If your payment fails or Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Services, we may revoke your access to our Services in general.

      We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don't agree with the fee changes, you can cancel your Service(s) which will still be governed by our Cancellations, Reschedules, and Refunds policy.

      Limitation on Groupon Redemption: Each individual client is permitted to redeem only one (1) Groupon purchase per calendar year, regardless of the number of sessions included within the purchased package. For the purposes of this provision, a 'year' is defined as a period of 365 consecutive days commencing from the date the client redeems their Groupon purchase. If a client purchases multiple iBody IQ packages from Groupon, the client shall be allowed to redeem each subsequent purchase only after a minimum of 365 days have elapsed since the date of redemption of their previous Groupon purchase. Any attempt to redeem an additional Groupon purchase within the same 365-day period will be deemed invalid. In such circumstances, you are advised to contact Groupon directly Opens in new window to request a refund. Please note that iBody IQ does not process refunds for these purchases, as they are managed directly by Groupon.

    2. Automatic Renewal.

      If you purchase a product or service and setup autoship and/or automatic renewal, to ensure uninterrupted deliveries and service, those products and/or services will be automatically renewed. This means that if we do not receive a cancellation request prior to your renewal you authorize us to automatically renew your account and associated services up to five (5) business days prior to the renewal date to collect the then-applicable monthly, annual, biennial, or triennial subscription fee for such service(s) (as well as any taxes) using any payment mechanism we have on record for you. You must keep the method of payment current and able to be debited. Services can be canceled at any time by contacting us. Your Paid Services are renewed for the same interval of time. For example, if you purchase an annual plan, you will be charged each year.

      It is your responsibility as a customer of iBody IQ to know when the service(s) associated with your account will be renewed. If you intend to cancel your account and associated service(s) you must notify iBody IQ before five (5) business days of the renewal date of your account of your intention to cancel your associated services by via email and use the subject "cancellation request" and mention the specific service or services. However, to ensure the iBody IQ billing department receives the cancellation request with enough advanced notice, as mentioned above, you must notify iBody IQ before five (5) business days of the renewal date of your services so that any renewal charges can be stopped before being processed.

      As a customer of iBody IQ your account will be debited automatically on the renewal date and you will receive an email notification with an invoice. As mentioned previously in this terms of service it is your obligation and responsibility to maintain a valid email address with iBody IQ for communication purposes.

      You are bound by the Cancellations, Reschedules, and Refunds policy set forth in this terms of service.

    3. Late Fees.

      An invoice that is not paid by the due date is automatically marked as overdue in the system. If an invoice is overdue by more than seven (7) days (the grace period), the account is automatically suspended and a $15.00 (fifteen dollar) late fee is added to the account. Once an account is suspended for failure to submit a payment within the grace period, the account will be terminated within seven (7) days of the end of the grace period unless it is reactivated. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus the $15.00 (fifteen dollar) late fee must be submitted to iBody IQ. If your account is suspended for other reasons, you may contact iBody IQ via email.

  2. Cancellations, Reschedules, and Refunds.

    Cancellations and Reschedules:

    Your appointment with iBody IQ is important and reserved especially for you. We understand that unforeseen circumstances can arise. While we are empathetic to unexpected situations, it's essential to note that a last-minute cancellation without proper notice prevents another client from securing that slot. In the interest of fairness to all our clients, and regardless of the cancellation reason, iBody IQ strictly enforces a 24-hour cancellation and rescheduling policy.

    1. 24-Hour Policy: iBody IQ requires a minimum 24-hour notice for cancellations or rescheduling. Failing to meet this requirement will result in:
      • A cancellation fee equivalent to 100% of the service charge.
      • For prepaid services, the forfeiture of that day's services.
      • For services scheduled and secured by a debit/credit card without prior payment, the card on file will be charged the equivalent of 100% of the service charge for that day.
    2. Sending a Replacement: If you're unable to attend your scheduled appointment, you may send someone else in your place. Prior notification to iBody IQ is mandatory. The replacement individual will be bound by these terms, and any no-show from them incurs the same penalties as outlined above.
    3. iBody IQ Cancellations: On the rare occasions where iBody IQ must cancel or reschedule your appointment, you'll have the option to reschedule, and you won't incur any penalties for the missed appointment.
    4. No Call, No Shows: Such occurrences are treated as cancellations, invoking the penalties stipulated under the 24-hour policy.
    Refunds:
    1. Service Activation: Activation of the purchased Lipo-Light Sessions begins when the first appointment is scheduled. Refunds are available under the following conditions:
      • The services haven't been activated.
      • The client cancels the first scheduled appointment with a 24-hour (or more) notice.

    However, once services are activated — either by attending the first appointment, being a no call, no show, or rescheduling without the required 24-hour notice — no refunds will be provided. If a client books a single session without upfront payment, any missed service will result in a charge to the credit/debit card on file.

    1. Refunds will be processed within five business days post iBody IQ's receipt of your request. However, banking institutions might take an extra 3 - 5 business days for processing. This potential additional processing time is acknowledged by the customer.
    2. For promotional or discounted services, the refund amount equates to the original value paid, not the pre-promotion/pre-discount price.
    3. For services acquired through Groupon, initiate any refund process directly by contacting Groupon Opens in new window. iBody IQ can't manage these refunds.
    Administrative Fees and Other Charges:
    1. Cancellation requests might incur an administrative fee of $15.00, at iBody IQ's discretion.
    2. A debit/credit card should be on file to hold non-prepaid scheduled appointments, and you agree to be charged according to the 24-Hour Policy outlined above if cancellations or reschedules are requested with less than 24-hours notice.
    Process for Rescheduling or Cancellation (as outlined above):
    1. Adhere to the 24-hour notice policy for rescheduling or cancellation via phone, text, or email.
    2. Reach iBody IQ at 317-413-7747 or If directed to voicemail, leave a detailed message.
    3. Less than 24-hour notices result in the full service charge. Prepaid services invoke the loss of that day's session.
    Important Notes:
    1. Refer to our Force Majeure clause for iBody IQ's stance on unforeseen events affecting service delivery.
    2. Always refer to our Terms and Conditions (this article) to stay up-to-date on any changes.

    2. Responsibility of Visitors.

    iBody IQ has not reviewed, and cannot review, all of the material linked to from our site, and cannot therefore be responsible for that material’s content, use or effects. By using and interacting with our Services, iBody IQ does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. iBody IQ disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

    3. Content Posted on Other Websites.

    We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which iBodyIQ.com links, and that link to iBodyIQ.com. iBody IQ does not have any control over those non-iBodyIQ.com websites, and is not responsible for their contents or their use. By linking to a non-iBodyIQ.com website, iBody IQ does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. iBody IQ disclaims any responsibility for any harm resulting from your use of non-iBodyIQ.com websites and webpages.

    4. Third Party Services.

    You may enable services, products, software, or applications developed by a third party or yourself (“Third Party Services”) for use on your site.

    If you use any Third Party Services, you understand that:

    Third Party Services are not vetted, endorsed, or controlled by iBody IQ.

    Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.

    Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.

    Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.

    Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.

    If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

    In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account.

    5. Copyright Infringement and DMCA Policy.

    As iBody IQ asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by iBody IQ violates your copyright, you are encouraged to contact us. iBody IQ will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material or suspending the offending domain of the account holder. iBody IQ will terminate an account holders access to, and use of, the Services iBody IQ offers if, under appropriate circumstances, the account holder is determined to be a repeat infringer of the copyrights or other intellectual property rights of iBody IQ or others. In the case of such termination, iBody IQ will have no obligation to provide a refund of any amounts previously paid to iBody IQ.

    6. Intellectual Property.

    This Agreement does not transfer from iBody IQ to you any iBody IQ or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with iBody IQ. iBody IQ, iBodyIQ.com, the iBody IQ logo, and all other trademarks, service marks, graphics and logos used in connection with iBody IQ or our Services, are trademarks or registered trademarks of iBody IQ or iBody IQ’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any iBody IQ or third-party trademarks.

    7. Changes.

    We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

    8. Termination.

    iBody IQ may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your iBody IQ account, you must notify us in writing via email and then simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    9. Disclaimer of Warranties.

    The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.

    Our Services are provided “as is.” iBody IQ and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither iBody IQ nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. Neither iBody IQ nor anyone else involved in the provision of services is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of iBody IQ, even if iBody IQ has been advised to the possibility of such damages. You understand that you download from, or otherwise obtain content or services through, the services provided by iBody IQ at your own discretion and risk.

    10. Jurisdiction and Applicable Law.

    Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the laws of the United States of America and the laws of Hamilton County in the State of Indiana.

    You agree that you shall comply in all respects with all applicable legal requirements governing the duties, obligations, and business practices of using our services and shall obtain any permits or licenses necessary for that which our services are used for. You shall not take any action in violation of any applicable legal requirement that could result in liability being imposed on iBody IQ.

    The terms of this Agreement shall control over any conflicting terms in any referenced agreement or document.

    Any specific right or remedy provided in this contract will not be exclusive but will be cumulative of all other rights and remedies.

    You agree through the use of our services that you hereby submit to the exclusive jurisdiction of, and waive any venue or other objection against, any courts located in the city of Carmel, Indiana or in Hamilton County in the State of Indiana in any legal proceeding arising out of or relating to this contract. You agree that all claims and matters may be heard and determined in any such court and you waive any right to object to such filing on venue, forum non-convenient, or similar grounds.

    The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

    11. Force Majeure.

    iBody IQ shall not be held responsible for any delay or failure in performance of any part of this agreement to the extent such delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, or other similar causes beyond its control.

    12. Limitation of Liability.

    In no event will iBody IQ, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, tort, negligence, strict liability or other legal or equitable theory for:

    1. any special, incidental or consequential damages;
    2. the cost of procurement for substitute products or services;
    3. for interruption of use or loss or corruption of data; or
    4. for any amounts that exceed the fees paid by you to iBody IQ under this Agreement during the twelve (12) month period prior to the cause of action.

    iBody IQ shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

    13. General Representation and Warranty.

    You represent and warrant that your use of our Services:

    1. Will be in strict accordance with this Agreement;
    2. Will comply with all applicable laws and regulations (including without limitation all applicable laws and regulations regarding online conduct and acceptable content, the transmission of technical data exported from the European Union or the country in which you reside, privacy, and data protection); and
    3. Will not infringe or misappropriate the intellectual property rights of any third party.

    14. Indemnification.

    You agree to indemnify, defend, and hold harmless iBody IQ, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims, actions, suits, demands, assessments, or judgments asserted, and any and all losses, liabilities, damages, costs, and expenses (including, without limitation, attorneys fees, accounting fees, and investigation costs to the extent permitted by law) alleged or incurred arising out of your use of our Services, including but not limited to your violation of this Agreement.

    15. Translation.

    These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

    16. Miscellaneous.

    This agreement sets forth and constitutes the entire agreement and understanding between iBody IQ and you with respect to the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of iBody IQ, or by the posting by iBody IQ of a revised version. This agreement supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this agreement.

    If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

    You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; iBody IQ may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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