TERMS & CONDITIONS
EFFECTIVE DATE: January 1, 2017
- BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.shapemasters.us (the “Site”), you agree to abide by these Terms & Conditions, as they may be amended by ShapeMasters Inc., a California corporation (“SHAPEMASTERS”, “us”, or “we”), from time to time in our sole discretion. SHAPEMASTERS will post a notice on the Site any time these Terms & Conditions have been changed or otherwise updated. It is your responsibility to review these Terms & Conditions periodically, and if at any time you find these Terms & Conditions unacceptable, you must immediately leave the Site. BY VISITING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
- BLOGS. SHAPEMASTERS may upload blog postings regarding certain educational information on the Site from time to time. All such content provided is for informational purposes only, and SHAPEMASTERS makes no representations as to the accuracy or completeness of any such information. All disclaimers and limitations of liability in these Terms & Conditions shall expressly apply to all posts by SHAPEMASTERS on the Site.
- MEALS AND RECIPES. SHAPEMASTERS posts healthy food and drink recipes on the Site. SHAPEMASTERS does not claim any ownership in or rights to such recipes. Visitors may also purchase meals through the Site. These meals are not owned, created, sold, or shipped by SHAPEMASTERS, rather by a third-party vendor. All payment information input through the Site is processed through a third-party Application Program Interface, and not SHAPEMASTERS. All inquiries regarding meals ordered through the Site must be directed to the vendor from whom the meal was purchased.
- NO MEDICAL ADVICE, EVALUATION, TREATMENT. THROUGH THE PROGRAM ADVERTISED ON THE SITE, SHAPEMASTERS MAY PROVIDE THE MATERIALS, PRODUCTS, AND INFORMATION, WHICH IS INTENDED ONLY TO ASSIST USERS IN THEIR PERSONAL FAT LOSS EFFORTS. SHAPEMASTERS (AND ALL ITS OFFICERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONSULTATNTS, AND OTHERWISE) DOES NOT PROVIDE MEDICAL ADVICE OR DIAGNOSIS. NOTHING CONTAINED IN THE PROGRAM, THE MATERIALS, OR THE CONTENT OF THIS SITE SHOULD BE CONSTRUED AS MEDICAL ADVICE OR DIAGNOSIS, NOR IS IT INTENDED TO TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION AND WE DO NOT MAKE ANY CLAIMS OR REPRESENTATIONS TO THIS EFFECT. THE INFORMATION PROVIDED BY US ON THE WEBSITE AND THROUGH THE PROGRAM SHOULD NOT BE INTERPRETED AS A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT.
- NO GUARANTEES OR SCIENTIFIC EVIDENCE. SHAPEMASTERS (AND ANY OF ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, CONSULTANTS, AFFILIATES, OR OTHERWISE) DO NO GUARANTEE THAT THE PROGRAM, CONTENT ON THIS SITE, AND/OR THE MATERIALS PROVIDED THROUGHT HE PROGRAM WILL IMPROVE YOUR HEALTH, CAUSE YOU TO LOSE WEIGHT, OR IN ANY OTHER WAY IMPROVE YOUR MEDICAL/HEALTH CONDITION.
- TESTIMONIALS; RESULTS VARY. The Site contains testimonials from current or previous customers of SHAPEMASTERS. All such testimonials are from actual customers of SHAPEMASTERS and are intended as advertising content only. All disclaimers in these Terms & Conditions expressly apply to the services that SHAPEMASTERS advertises on the Site and the content published on the Site regardless of the content of these testimonials. Results of any services advertised on the Site vary from person to person due to each person’s body composition, exercise and eating habits, and other factors.
- COPYRIGHT INFRINGEMENT. SHAPEMASTERS has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. SHAPEMASTERS’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want SHAPEMASTERS to delete, edit, or disable the material in question, you must provide SHAPEMASTERS with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SHAPEMASTERS to locate the material; (d) information reasonably sufficient to permit SHAPEMASTERS to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to SHAPEMASTERS’ designated agent at:
101 Parkshore Drive
Folsom, CA 95630
- NO WARRANTIES. SHAPEMASTERS HEREBY DISCLAIMS ALL WARRANTIES. ALL GENERAL HEALTH-RELATED AND OTHER INFORMATION AND CONTENT CONTAINED IN ANY MATERIALS PROVIDED TO YOU BY SHAPEMASTERS OR THE CONTENT ON THIS SITE (THE "MATERIALS") IS MADE AVAILABLE ON AN "AS IS" BASIS, "WITH ALL FAULTS", AND IS BEING PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
- LIMITED LIABILITY. SHAPEMASTERS’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SHAPEMASTERS (OR ANY OF ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, CONSULTANTS, AFFILIATES, OR OTHERWISE) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, BODILY HARM, LOST PROFITS OR LOST DATA, NEGLIGENT/TORTIOUS CONDUCT, OR STRICT LIABILITY, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE CONTENT OF THIS SITE, USE OF THE MATERIALS, OR PARTICIPATION IN THE PROGRAM, OR YOUR USE OF ANY OF THE PRODUCTS, INFORMATION, OR SERVICES OFFERED BY SHAPEMASTERS, OR ANY OTHER MATERIALS, STATEMENTS, OR SERVICES PROVIDED TO YOU BY SHAPEMASTERS. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
- AFFILIATE SITES. SHAPEMASTERS has no control over, and no liability for any third-party websites or materials. SHAPEMASTERS works with partners and affiliates whose Internet sites may be linked with the Site or offered through the Site via Application Program Interface. Because neither SHAPEMASTERS nor the Site has control over the content and performance of these partner and affiliate sites, SHAPEMASTERS makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, or how they capture, process, or otherwise store your information, and SHAPEMASTERS assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that SHAPEMASTERS makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms & Conditions shall govern your use of any and all third-party content.
- PROHIBITED USES. SHAPEMASTERS imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any host or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting on the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code use. Any violation of system or network security may subject you to civil and/or criminal liability.
- INDEMNITY. You agree to indemnify, defend, and hold harmless SHAPEMASTERS, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to the Site, your violation of these Terms & Conditions, or your infringement of any intellectual property or other right of any person or entity. SHAPEMASTERS will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- COPYRIGHT. All content of Site is: Copyright © 2017 ShapeMasters Inc. All rights reserved.
- GOVERNING LAW. These Terms & Conditions shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Sacramento County, California, in all disputes arising out of or related to the Site.
- SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms & Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms & Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, content (whether written, video, or otherwise), or logos owned by SHAPEMASTERS or by any third party.
- CALIFORNIA USE ONLY. The Site is controlled and operated by SHAPEMASTERS from its offices in the State of California. Your access to the Site should not be construed as SHAPEMASTERS’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
- MODIFICATIONS. SHAPEMASTERS may, in its sole discretion and without prior notice, (a) revise these Terms & Conditions; (b) modify the Site; and (c) discontinue the Site at any time. SHAPEMASTERS shall post any revision to these Terms & Conditions to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms & Conditions and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
- ACKNOWLEDGEMENT. BY ACCESSING THE SITE YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS & CONDITIONS AND AGREE TO BE BOUND BY THEM.