Body Heat

Effective as of: August 1, 2007

Our Commitment to Privacy
bodyheatstore.com (the “Site”) values its customers and respects their privacy. We collect customer information on www.bodyheatstore.com in an effort to improve your shopping experience and to communicate with you about our products, services, contests and promotions. This Privacy Policy applies only to this Site and is incorporated into our Terms of Use.

This policy describes the personal information we collect about you, why we collect it, how we use it and when we share it. Our policy also describes the choices you can make about how we collect and use your information. If you have any questions about our privacy policy, you can always contact bodyheatstore.com customer service in any of three ways:

(1) email us at privacy@bodyheatstore.com

(2) call us at: (480) 951-2116

(3) write us at: Body Heat Stores, P.O. Box 5650, Scottsdale, Arizona 85261

By using the Site, you are consenting to our processing of your information as set forth in this policy now and as amended by us, which means the use of such information as set forth herein, including but not limited to collecting, storing, deleting, using, combining, disclosing information and transferring it internationally.

If our information practices change in the future, we will post an updated policy on our website. You can tell if the policy has changed by checking the revision date that appears at the top of this policy. You may exercise your choices about how we collect and use your information at any time.

Collected Information
Personal. We collect information from you each time you visit our site, place an order with us online or by phone, respond to our email inquiries, save your information online or participate in a promotion. Some of this information may include personally identifiable information, such as your name, address, phone number, email address, credit card number, products purchased and account username and password. We may use this information to improve the products and services that we provide to you through our website.

Non-Personal. In addition, we may use non-personally identifiable information, such as your IP address, the domain from which you were visiting, browser type, how many and which web pages on our Site were visited, and search terms. For most users, the IP address will be different each time you visit our Site. We use it to monitor the Site’s technical performance, deliver targeted products, and to measure the effectiveness of our initiatives.

Cookies. Cookies are small data files that websites often store on your computer's hard drive when you visit websites. A cookie may contain information, such as a unique user ID that websites use to track the pages of the sites you've visited. We use cookies but do not store personally identifiable information in your cookie. We use cookies to improve your Site and shopping experience as they allow us to track your page visits on our Site. You can refuse cookies by turning them off in your browser. If you turn off cookies, though, we will not be able to track your order to enable you to purchase from our site. You can learn more about cookies at http://en.wikipedia.org/wiki/HTTP_cookie.

Use of Information
When you place an order from bodyheatstore.com, we use your personal information to process your order, send you e-mails to confirm your order or to contact you via phone, post mail or email if we have questions regarding your purchase. If you contact us directly, then we will use such information to respond to any follow-up questions or concerns with you.

When you place an order, make a purchase or save your information online, we will use your e-mail and postal address to send you information about our products, services and promotions and to help us learn more about your shopping preferences. From time to time, we may also use this information to contact you via phone, email or post mail to learn more about your shopping preferences. We may contact you, subject to the choices you have made, via e-mail, post mail, or telephone, to conduct market research and learn more about how we can improve our product offerings. You may opt-out of such activities at any time by contacting us. In addition, each email that we send to you (other than an order related email) will provide you with opt-out opportunities. If you contact us to remove your name and address from our promotional lists, we will maintain your name in a “do not contact” file to ensure that we can honor your request.

Accessing/Changing or Deleting Information
You can ask us to update or delete your personal information by contacting us through email, phone or post mail. Please include your full name, address, email address used when registering or making a purchase with us. Please allow 10-15 days to respond to your email or phone request and 4-6 weeks for your post mail request.

Please also note that when you purchase from us, we will continue to confirm your order by e-mail. In addition, we may also need to contact you via phone, e-mail or postal mail with other questions regarding your order.

Information Sharing and Disclosure
bodyheatstore.com does not share your information with any third parties for advertising, marketing or data collection and aggregation purposes. However, your information may be shared with third parties under the following circumstances.

Service Providers. We may employ third party companies and individuals to develop and build our Site, to provide marketing services our behalf, and/or to perform Site-related services (e.g., without limitation, maintenance services, database management and improvement of the Site’s features). These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to use it for any other purpose.

Compliance with Laws. bodyheatstore.com cooperates with government and law enforcement to enforce and comply with the law. bodyheatstore.com reserves the right to disclose information about you as required by law, in response to legal process and law enforcement requests, and as necessary to protect the property, interests and rights of bodyheatstore.com or a third party, to protect the safety of the public or any person, or to prevent or stop any illegal or unethical activity.

Business Transfers. In the event that bodyheatstore.com is acquired by merger, reorganization or sale of assets, or in the event of bankruptcy, we may sell, transfer or otherwise share some of all of our assets, including information provide by you. The new entity will agree to abide by the terms and conditions of this privacy policy. You consent to such transfer.

Phishing
We do not and will not, at any time, request your credit card information, your username, password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. Identity theft and the practice currently known as “phishing” are of great concern to us. Safeguarding information to help protect you from identity theft is our priority. For more information about phishing, you may want to visit the Federal Trade Commission’s website at http://www.ftc.gov/bcp/conline/pubs/alerts/phishingalrt.htm.

Third Party Websites
Our site may include links to third party websites. If you wish to visit these sites, then you can click on the link and you will be directed to such third party’s website. The fact that we may link to another website is not an endorsement or representation of our affiliation with that third party. We do not exercise control over third party websites. These websites may place cookies and other files on your computer, collect data or solicit personal information from you. We encourage you to use caution when searching such third party websites and consult their terms of use and privacy policies, as they are different from our own.

Security
Your information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. BodyHeatStores transfers your Personal Information to the United States and maintains and processes it there. You consent to such transfer.

Our Policy Toward Children
bodyheatstore.com is concerned about the safety of children when they use the Internet and will never knowingly request personally identifiable information from anyone under the age of 13.

Effective as of: August 1, 2007

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Welcome to bodyheatstore.com. The entire contents of www.bodyheatstore.com, including but not limited to the text, data, information, materials, software, tools, design and graphics of such site provided by Body Heat Stores and its licensors is considered to be a part of our website (the “Site”).

These “Terms of Use” and our Privacy Policy (above) incorporated herein by reference, govern your access to and use of the Site, including any content, information, products or services therein. This is a legal agreement between you and Body Heat Stores. Please note that your use of the Site constitutes your agreement to follow and be bound by these terms. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE. YOU SHOULD, THEREFORE, DISCONTINUE USE OF THE SITE IMMEDIATELY. THESE TERMS OF USE BIND YOU IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU.

Modification
Body Heat Stores reserves the right to modify these terms of use at any time without notice. You are bound by any such revisions and should therefore periodically visit this page to review the current terms of use.

Site Usage
This Site has been created by Body Heat Stores and its licensors for your personal information, communication and shopping convenience. Subject to your compliance with these Terms of Use, Body Heat Stores grants to you a revocable non-transferable non-exclusive limited right to use the Site for your own personal non-commercial use and not for use on behalf of a third party. Use of the Site is intended only for residents of the United States and its territories. You may download or print hard copies of the Site or portions thereof, but only in connection with your own personal, non-commercial use and not on behalf of any third party. Any such downloads/hard copies must contain the following notice: “Copyright © 2007 Body Heat Stores. All rights reserved.” Notwithstanding the foregoing, except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, license, perform, reproduce, post, publish, distribute, transmit, submit or otherwise make available the Site without the prior express written authorization from Body Heat Stores or the applicable copyright owner. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.

You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site or attempt to gain unauthorized access to the Site’s database, technology, computer systems or networks. You will not attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any technology applications or software programs used by Body Heat Stores in connection with the Site, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of or impairs the functionality of the Site. You will not upload or cause the Site to have access to anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You may not use any automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site – unless expressly permitted by Body Heat Stores.

Although you may "bookmark" a particular portion of this Site and thereby bypass these Terms of Use, your use of this Site still binds you to the terms.

Site Contents
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your Body Heat Stores purchase you may return it with your invoice in accordance with our Return Policy.

Product Information
The prices displayed on the Site are quoted in U.S. Dollars. We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's accurate display of color. We reserve the right to refuse any order you place with us, and to limit quantities purchased per person, per household or per order. We reserve the right to limit or prohibit sales to dealers, resellers or distributors. All communications regarding orders will be sent to you via the e-mail and/or billing address/phone number provided at the time the order was made.

Intellectual Property Rights and Ownership.
You acknowledge and agree that Body Heat Stores owns or licenses all right, title and interest, including without limitation all intellectual property rights, and all derivative works or enhancements thereof, relating to the Site, including but not limited to all information, content, materials, products, services, graphics, URLs, software, technology, editorial or user guidelines, and documentation, developed in whole or in part by, with or for Body Heat Stores. You shall not acquire any right, title or interest therein to any content on the Site, except for the limited use rights expressly set forth in these Terms of Use. Any rights not expressly granted herein are withheld.

Trademark and Copyright Notice
All trademarks, service marks, trade names, trade dress, logos, images, content (including but not limited to text, web pages, email, images, graphics, photos, configurations, combinations, design and software), and copyrights are the property of Body Heat Stores and/or its licensors. You may use the content and software published on our site as a resource only. Any unauthorized use of the contents of this Site or portions thereof, of the names and trademarks or copyrights of Body Heat Stores and/or its licensors, may violate United States and international trademark, copyright, and unfair competition laws, and communications regulations and statutes, and may not be used in connection with any other product or service without the express written consent of Body Heat Stores. The compilation (the collection, arrangement and assembly) of all content in our stores and on this Site is the exclusive property of Body Heat Stores and is protected by U.S. and international copyright laws.

Representations and Warranties
You represent and warrant that: (a) you have full power and authority to enter into these Terms of Use; (b) the execution and delivery of these Terms of Use, and the performance of your obligations hereunder, will not constitute a breach or default of or otherwise violate any agreement to which you are a party or violate any rights of any third parties arising therefrom; and (c) you shall use the Site solely for the purposes intended.

Disclaimer
Your use of the Site is at your own risk and discretion. Body Heat Stores provides the materials on this site "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Body Heat Stores expressly disclaims any duty to update or revise the materials on this site, although Body Heat may modify the materials at any time without notice. You further acknowledge that Body Heat Stores shall not be liable for any damages or any kind related to your use of this Site. If you suffer any harm arising out of or connected with your access or use to the Site and Services, you hereby waive all claims against and release Body Heat Stores from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site or with regard to such disputes. If you are a California resident, you waive and relinquish your rights under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations waive their rights under analogous laws, statutes or regulations.

Indemnification
You agree to defend, indemnify and hold Body Heat Stores harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Severability and Waiver
If any of these terms and conditions is found to be invalid, void or waived by a court of competent jurisdiction, that term or condition will be deemed severed and shall not affect the validity of the remainder of the Terms of Use. The failure of Body Heat Stores to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Notice
Any notice or other communication to be given hereunder will be in writing and given (a) by Body Heat Stores via e-mail (to the address that you provide), (b) by Body Heat Stores posting on the Site, or (c) by you via email to notice@bodyheatstore.com or to such other addresses as Body Heat Stores may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.

Termination
These terms are effective unless and until terminated by either you or Body Heat Stores. You may terminate this Agreement at any time. Body Heat Stores also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Body Heat Stores’ sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Body Heat Stores, all licenses and other rights granted to you by these Terms of Use cease and you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. Any suspension, termination or cancellation shall not affect your obligations to Body Heat Stores under these Terms of Use (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Entire Agreement
These Terms of Use are the entire and exclusive agreement between Body Heat Stores and you regarding the Site and supersede and replace any prior agreements between Body Heat Stores and you regarding the Site.

Governing Law
This Agreement shall be construed in accordance with the laws of the State of Arizona, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Arizona, County of Maricopa.

Questions, Comments, and Submissions
For questions to or comments about this Site or Body Heat Stores, please contact us at info@bodyheatstore.com or (480) 951-2116. Body Heat Stores welcomes your comments regarding its products and website. Submission of any comments, ideas, feedback or the like (“Comments”) to Body Heat Stores or its website, by electronic mail or otherwise, shall be deemed the property of Body Heat Stores, and Body Heat Stores will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments, and shall be under no obligation to maintain Comments in confidence, respond to Comments, or to pay to any user compensation for Comments. You agree that no Comments submitted by you to the Site will violate any third party right, including copyright, trademark, privacy or personal or proprietary rights, will not be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for your Comments.