PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING OR ACCESSING THIS WEBSITE OR USING THE SERVICES THEREIN, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE.
Last updated: January 31, 2019
Subscription, Billing and Cancellation
Ongoing Subscription. Your SPR Body subscription will continue month-to-month unless and until you cancel your subscription or we terminate it. You must have internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”). We will bill the monthly subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fees to your Payment Method.
Your SPR Body subscription may start with a free trial. The free trial period of your subscription lasts for as long as is specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former subscribers only. SPR Body reserves the right, in its sole discretion, to determine your free trial eligibility.
We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including monthly subscription price and end date of your free trial period, visit the Site and click the “My Account” link in the upper right hand corner of the page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period
You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE “My Acount” LINK ON THE WEBSITE TO FIND CANCELLATION INSTRUCTIONS or call customer service at 1-800-916-4237. We will continue to bill your Payment Method on a monthly basis for your subscription fee until you cancel.
Recurring Billing. By starting your SPR Body subscription and providing or designating a Payment Method, you authorize us to charge you a monthly subscription fee at the then current rate to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
Payment Methods. You may edit your Payment Method information by visiting the Site and clicking on the “My Account” link, available on the SPR Body website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You may cancel your SPR Body subscription at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel, go to the “My Account” page on the Site and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click “My Account” in the upper right hand corner of the page.
Money Back Guarantee
We are so confident that you will love SPR Body that we offer a money-back guarantee during the first 30 days from your initial purchase. If you are not completely satisfied for any reason, contact our customer service department within 30 days of receipt of your first order to obtain a Return Merchandise Authorization Number (RMA#). Write the RMA# on the outside of the return package, return the unused portion of your purchase within 10 days of the RMA# issuance, and we will give you a full refund of your purchase price. This money-back guarantee applies to a return on one first-time purchase per person. No group or organization requests are allowed. Fraudulent, incomplete or illegible requests will not be honored.
Be sure to clearly display the RMA# on the outside of the box. The SPR Body shipping department is NOT allowed to accept any packages without a RMA#. SPR Body is not responsible for returns that never arrive at our facility. SPR Body will not accept or issue a refund for any packages marked return to sender, C.O.D. or refused. To ensure proper credit to your account, we recommend that you use the return label included in your original package. Please save your returned product shipping receipt and your tracking information until your refund is processed. Please indicate the reason for your return, include the original packing slip that came with your order, and seal the package securely with packing tape. If you do not have your original packing slip, please indicate the order number on a separate piece of paper, enclose it in the package and send the package to the following address: SPR Body Returns Dept. – (Your RMA#), 16595 W. Stratton Dr., New Berlin, WI 53151.
Upon receipt of your returned product with a valid RMA#, a refund will be issued to your credit card or by check, if needed. After the shipping department receives your return, it will take approximately 3-5 business days to process your refund. Once a return is processed, it can take up to one billing cycle for the refund to be posted to your account, depending on your financial institution. The charge on your credit card statement will appear as SPR Body products. If you paid by electronic check (E-check), the charge on your bank statement will appear as SPR Body products.
If you took advantage of the savings offer from the SPR Body monthly auto-ship program, your original packing slip will clearly indicate your purchase as “Auto-ship”. If you requested a refund of your initial order and qualify for a refund your enrolment in the auto-ship program will automatically be cancelled.
If you have any further questions, please feel free to call our customer service department.
The Site is for educational and entertainment purposes and is not a substitute for medical advice, diagnosis, or treatment. You should consult your physician or other health care professional before using any vitamins or supplements or any other fitness program to determine if it is right for your body. Do not use SPR Body products if your physician or health care provider advises against it. You should not rely on information on the Site as a substitute for professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the Site. Your use of or reliance on any information provided on the Site is solely at your own risk.
Your Compliance with this Agreement
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site.
The Site is Not Intended for Minors
Your Access and Use of the Site
Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that SPR Body, in its sole discretion, may elect to take. SPR Body reserves the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in its sole discretion and without prior notice.
Your Access and Use of Services on the Site
You Must Maintain the Security of Any Password Issued to You. If the Site requires you to create a password to use certain portions of the Site, then it is your sole responsibility to maintain the security of that password. You agree that SPR Body will not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You may not allow any person under the age of 18 to use any Service via your registration or password.
You Must Notify SPR Body of a Breach. You agree to immediately notify SPR Body of any unauthorized use of your password, any unauthorized use of any account that you may have with SPR Body, any violation of this Agreement, or any other breach of security known to you in connection with any product or service available on the Site by sending an email to: firstname.lastname@example.org.
You Are Responsible for Your Decisions. SPR Body and its affiliates, through the Site, may provide a venue through which you can obtain information and you can find third-party service providers (“Service Providers”). SPR Body does not endorse or recommend the products or services of any Service Provider, and is not an agent or advisor to you or any Service Provider. SPR Body does not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that SPR Body will not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services. You acknowledge and agree that you rely on your own judgment in selecting any products or services offered by Service Providers.
No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services. SPR Body does not make any warranties or representations regarding any pricing, quotes, fees, terms, rates, discounts, specials, coverage or services offered or made available through the Site or by Service Providers. Any such terms are not agreed upon until you and SPR Body reach a final agreement.
The Site may allow the users of the Site to contribute information and make testimonial statements (“Testimonials”). If you submit a Testimonial, including any text, graphics or logos, you automatically grant SPR Body and its affiliates and assigns the worldwide, fully-paid, royalty-free, nonexclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below).
You may not transmit, submit or post the following to the Site:
- Information that infringes SPR Body’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
- Information that violates any law, statute, ordinance or regulation;
- Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to SPR Body or third parties or that infringes on SPR Body’s or any third party’s rights of publicity or privacy;
- Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
- Information that is false, inaccurate or misleading; or
- Commercial advertisements or solicitations without written permission from SPR Body.
You are solely responsible for all your Testimonials and the consequences of submitting them.
SPR Body’s Intellectual Property Rights
SPR Body’s names, graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of SPR Body in the United States and/or other countries (collectively, the “Marks”). You may not use the Marks without the prior express written permission of SPR Body which permission may be withheld in SPR Body’s sole discretion. SPR Body makes no claim to any third-party names, trademarks or service marks appearing on the Site. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from the Site (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are owned by, or otherwise licensed to, SPR Body or its Content suppliers. SPR Body also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on the Site (the “Software”) is the property of SPR Body or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You are solely responsible for any damage resulting from your infringement of SPR Body’s or any third party’s intellectual property rights regarding the Marks, the Content, the Collective Work, the Software and/or any other harm incurred by SPR Body or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
SPR Body grants you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work; provided, however, that you may not delete any proprietary notices and you must otherwise comply with the terms of this Agreement. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, distribution, performance, sale, or rental, and may not decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer or distribute the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of SPR Body, which permission may be withheld in SPR Body’s sole discretion.
You may not use any meta tags or any other “hidden text” utilizing SPR Body’s name or the Marks without the express written permission of SPR Body, which permission may be withheld in SPR Body’s sole discretion.
Access and Interference
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site or for any other purpose, without SPR Body’s express written permission which may be withheld in SPR Body’s sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in SPR Body’s sole discretion an unreasonable or disproportionately large load on SPR Body’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Site without the prior written permission of SPR Body and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any robot exclusion headers or other measures SPR Body may use to prevent or restrict access to the Site. Notwithstanding the foregoing, SPR Body grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on the Site. SPR Body reserves the right to revoke these exceptions either generally or in specific cases. You agree that you will not collect or harvest any personally identifiable information, including account names, from the Site. You agree that you will not use any communication systems provided on the Site (such as Forums or email) for any commercial or solicitation purposes. You agree that you will not solicit for commercial purposes any users of the Site without SPR Body’s express, written permission, which permission may be withheld in SPR Body’s sole discretion.
When you visit the Site or send email to SPR Body, you are communicating with SPR Body electronically. You consent to receive communications from SPR Body electronically and via any e-mail address you provide to SPR Body for any purposes. Although SPR Body may choose to communicate with you by regular mail, SPR Body may also choose to communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that SPR Body provides to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, internet access services and other equipment or services needed to access and use the Site, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Site.
Third Party Links
There may be provided on the Site links to other Web sites belonging to SPR Body’s advertisers, business partners, affiliates, Service Providers and other third parties. Such links do not constitute an endorsement by SPR Body of those Web sites, nor the products or services listed on those Web sites. SPR Body is not responsible for the activities or policies of those Web sites. SPR Body does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. SPR Body does not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Service Provider or other third party on the Site are the best terms or lowest rates available in the market.
If SPR Body provides aspects of the Site via an application for your mobile or other device, please be aware that your carrier’s normal rates and fees may apply and that the terms of this Agreement and other agreements within the application apply to your use of such mobile application.
SPR Body Makes No Representations or Warranties Regarding the Content
The Content and all services and products associated with the Site are provided to you on an “as-is” and “as available” basis. SPR Body makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, products or services included on or associated with the Site. You expressly agree that your use of the Site and all products and services included on or associated with the Site is at your sole risk.
SPR Body does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content or the services and products associated with the Site, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content or the services and products associated with the Site. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content and the services and products associated with the Site. SPR Body makes no representation, warranty or guarantee that the Content that may be available for downloading from the Site is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. SPR Body does not make any representations, warranties or guarantees, express or implied, regarding any quotes or offers provided on or through the site.
The Site is controlled and offered by SPR Body from SPR Body’s facilities in the United States of America. SPR Body makes no representations that the Site is appropriate or available for use in other jurisdictions. If you access or use the Site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
Limitations on SPR Body’s Liability
SPR BODY WILL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE SITE; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SITE FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SPR BODY AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU AND SPR BODY AGREE THAT SPR BODY’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU AND SPR BODY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification of SPR Body
You agree to defend, indemnify and hold harmless SPR Body and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by SPR Body; (iii) your access or use of the Site; (iv) access or use of the Site under any password that may be issued to you; (v) your Testimonials; and/or (vi) any personal injury or property damage caused by you.
Amendments of this Agreement
SPR Body reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon SPR Body posting the updated Agreement on the Site. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of all changes.
SPR Body’s Remedies
You acknowledge that SPR Body may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, SPR Body will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach may be brought where you reside or in the courts of Milwaukee County, Wisconsin, or the United States District Court, Eastern District of Wisconsin. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
This Agreement is to be governed by and construed in accordance with the laws of the State of Wisconsin, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be brought in the courts of Calumet County, Wisconsin, or the United States District Court, Eastern District of Wisconsin.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by SPR Body from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or the Site, please contact SPR Body via any of the methods set forth below:
- Via telephone: (800) 916-4237
Via mail: SPR Body Customer Service
16595 W. Stratton Drive
New Berlin, WI 53151
- Via email: email@example.com