TERMS AND CONDITIONS
ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document ("You", "Your" or "Customer"), and Slimfy LLC ("Slimfy", "Our" or "Company") the owner and administrator of this Website and all content and functionality contained herein.
IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
1.1. These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these "Terms" or this "Agreement"), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the "Website").
1.2. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words "I agree", "Rush My Package", "Rush My Order" or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records.
1.3. Slimfy reserves the right to revise, amend, or modify this policy and Our other policies and agreements related to the Website at any time and in any manner, without prior notice to You. Accordingly, You should periodically check this page for any modifications of these Terms.
1.4. If You do not agree to be bound by these Terms, You may not enter, access or use the Website, or purchase any products through this Website, and You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree and consent to all Terms contained herein. You further agree not to use or access Website if doing so would violate the laws of Your state, province or country.
1.5. At the bottom of this page appears a "last modified" date. If the "last modified" date remains unchanged, then You may presume that no changes have been made since the "last modified" date. A changed "last modified" dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
2. ORDERING PRODUCTS THROUGH THE WEBSITE; POLICIES.
If You have any questions please contact Our Customer Service Department toll-free at 855-5SLIMFY (855-575-4639) or local number +1 (305) 587-2230. Our Customer Service Department is open Monday thru Friday 9am-5pm Eastern Standard Time.
Our products are offered in varying packages for purchase as follows:
PLEASE READ CAREFULLY. THE "SLIMFY TRIAL" DISCUSSES A NEGATIVE BILLING OPTION INVOLVING THE PRODUCTS YOU ORDER FROM THE COMPANY. AS DISCUSSED IN GREATER DETAILS BELOW, YOU WILL BE LIABLE FOR PAYMENT OF PRODUCTS THAT WAS SHIPPED TO YOU.
Slimfy® Trial with Monthly Billing Agreement.
NEW CUSTOMERS ONLY - ONE-TIME PER HOUSEHOLD:
1-Month Supply of State-One will be given to you to try for 15 days risk-free. The $67.95 cost of Stage-One is due to be charged in 15 days after trial ends. Unless you change your mind and decide not to buy it. Therefore you would have to return the bottle back to us using our or your shipping label.
- If you re-order The Trial, there will be no risk-free trial given as you should be already familiar with the products. Therefore, the whole balance on the order will be processed before shipping.
For the Slimfy® Trial you will get a 1-Month Supply of Stage-One to try for 15 days risk-free. At the end of the trial if you decide to buy it, the payment of $67.95 will be due. If we don't hear from you, we assume you agree to continue Slimfy® Healthy Weight Loss Program and you will receive your next 30-Day Supply of Stage-Two (for $57.95 + shipping) in about 30 days from the original shipment. Your 3rd month supply will be Stage-Three (for $47.95 + shipping). After 90 days if we do not hear from you, the 3-Stage Weight Loss program will be repeated on a monthly basis (Stage-One, Stage-Two, Stage-Three) until canceled. If you continue to your 2nd, 3rd, etc. cycle, the price for each stage will be discounted to $47.95 + shipping, You can alter your shipments any way you prefer based on your weight loss goals and results, cancel or postpone shipments any time prior the shipping date by calling our toll free phone number 855-5SLIMFY (855-575-4639) or local number +1 (305) 587-2230. Please note: we will always send you an email reminder 1-2 days prior any shipment, so you could adjust anything if necessary.
Please note: If you re-order Slimfy Trial, there will be no 15 days risk-free trial given as you should be already familiar with the products. If you re-order using the same or some of the same information as in your original Slimfy Trial, the V.I.P. discount may be given if any exists.
All orders are shipped via USPS First Class Mail or other option if you choose so. We ship the day after you place your order. Orders placed on the weekend will be shipped the following business day. Packages will arrive within 3-5 business days for domestic customer. International delivery may take up to 30 days depending on your country. Please be advised that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times.
We accept all major credit or debit cards. Any offer you purchase from our Website (including "Trial") are only limited to regular debit or credit cards. Any prepaid cards, gift cards, paypal or other payments will be accepted but charged up front before shipping any products. All other terms and conditions apply.
CUSTOMS CLEARANCE (International Customers Only):
If you chose to pre-pay the import customs duties with us (the fee may vary) at the time of ordering the products, we will do the following:
- We will cover your government import custom duties upon presenting a customs receipt. We will pay up to $100 in such fees but not more then 30% of what is paid for the products. Such credit will be given in a form of refund via the payment method you choose (e.g. credit card, PayPal, etc). The import duty amount differs from one country to another and depends on import laws in your country. Please note you may or may not incur those government import fees. This is something we do not control.
If you DECLINED to pre-pay the import customs duties with us at the time of ordering the products, you as the receiver of the shipment are solely responsible for any customs duties, taxes (including but not limited to VAT if applicable), penalties, storage charges or other expenses incurred as a result of the actions of customs or other governmental authorities or your failure to provide proper documentation and/or to obtain the required license or permit. Please see the DHL carrier rules and guide to duties and taxes: Customs - Duties & Taxes
REFUNDS AND RETURNS; MONEY BACK GUARANTEE ELIGIBILITY:
IMPORTANT INFORMATION FOR INTERNATIONAL CUSTOMERS (Customs Clearance Issues):
There will be NO REFUNDS if you are refusing the shipment due to any customs duties, taxes (including but not limited to VAT if applicable), penalties, storage charges or other expenses you incur in your country as a result of the actions of customs or other governmental authorities or your failure to provide proper documentation and/or to obtain the required license or permit.
SATISFACTION: We want You to be satisfied with our products and services. If you are ever not satisfied with any product that you ordered, you may call our customer service department toll-free at 855-5SLIMFY (855-575-4639) or local number +1 (305) 587-2230 to discuss your concern with our customer service team who will handle it on a case by case basis.
● New Customer (household that has received the first shipment of Slimfy and have not ordered any Slimfy products in the past). Any original factory-sealed, unopened bottles that you have received from your original shipment can be returned to us within 90 days for a refund, minus shipping and handling costs. Exception: Your first trial bottle of Stage-One can be returned used - no problem.
● Repeat Order Customer (household that has received the second shipment of Slimfy and/or has purchased Slimfy products in the past). Only the last shipment can be returned for a refund (minus shipping and handling costs within 15 days providing all returned products are in their original factory-sealed, unopened condition.
PLEASE NOTE: if the units arrive to our fulfillment center not in the factory-sealed condition, then the refund will not be processed and those items will be refused or returned back to you, unless it is your first Slimfy Trial bottle of Stage-One.
If You are eligible for a refund, customer service team will issue a Return Merchandise Authorization Number (RMA#) and will give You further instructions such as the return address. Packages marked "Return To Sender" will NOT be processed or refunded unless you were instructed by our customer service representative in advance. Place your RMA# outside of the package along with your name and address. Without the return number we will not issue a refund. Your refund will be credited back to your bank account, and may take approximately 3-5 business days to appear in your statement, depending on the speed of the processing bank.
More stipulations to our refund policy are as follows:
1. NO REFUNDS FOR EMPTY BOTTLES OR USED PRODUCTS (EXCEPT THE 1ST TRIAL BOTTLE OF STAGE-ONE)!
2. Customers/Households are restricted to receiving a single refund per Product ordered. Repetitive refunds are not permitted. Slimfy reserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in Slimfy's judgment, requests refunds in a bad faith or who orders the product with no intention to use it for its purpose.
3. In order to process Your refund, You must supply Slimfy with Your name and delivery address. If You provide us with insufficient or incorrect information, Your refund will be delayed.
4. Depending on the bank that issues the credit card You used, Your refund can take up to thirty (30) days to appear on Your credit card statement. If You have any questions about whether a refund has been issued by Slimfy, please call Our Customer Service Department toll-free at 855-5SLIMFY (855-575-4639) or local number +1 (305) 587-2230.
5. Credit Card Descriptor. By ordering Products from Slimfy, You authorize Slimfy to charge Your credit card accordingly. This authority shall remain in effect until and unless You have cancelled future orders of the Products as described in this Agreement, above. Please be aware that the descriptor (or subject line) that appears on Your credit card entry will refer to Slimfy. If You have any questions about the descriptor on Your credit card statement, You should call Our Customer Service Department toll-free at 855-5SLIMFY (855-575-4639) or local number +1 (305) 587-2230.
6. Modifications. We reserve the right to modify the prices charged for the Products, or to add or remove any Products, from the Website at any time without prior notice to You. Price quotes provided to You prior to any price modification shall be honored.
7. Billing Errors. If You believe that You have been erroneously billed, please notify Our Customer Service Department toll-free at 855-5SLIMFY (855-575-4639) or local number +1 (305) 587-2230 immediately of such error.
8. Shipping and handling are NOT refundable.
9. If you have received a shipping discount upon ordering the products, this discount WILL BE removed upon return and your refund will be adjusted accordinally.
10. All claims of not receiving the product while the Post Office confirms the delivery has to be addressed at your local Post Office. Once the products are shipped and it's out of our hands, the Post Office is responsible for all undelivered or lost-in-transit packages.
11. If you received a quantity discount on your order (Buy 2 Get 1 Free or Buy 3 Get 3 Free) and you return only a portion of your order or some of the items, not all items are eligible for a refund. In this case the quantity discount will no longer be available and you will pay only for the items kept (or ineligible items). The rest (minus shipping cost, minus re- stocking fee if any) will be refunded back to the payment method used with the original order.
REVERSALS AND CHARGEBACKS
We consider Chargebacks and Reversals as potential cases of fraudulent use of our services and/or theft of services, and will be treated as such. If You attempt to do a chargeback/reversal instead of following our return instructions and refund policy, we reserve the right to file a complaint with the appropriate local and federal authorities to investigate. Be advised that all your activity including IP address information is being logged and that this information may be used in a civil and/or criminal case(s) against You if there is fraudulent use and/or theft of the services.
REIMBURSEMENT FOR WEIGHT LOSS PRODUCTS:
We will pay for any weight loss product of your choice if you don't lose weight with Slimfy®. To take advantage of this offer you are agreeing to meet conditions below. You are required:
- To be our customer with proven record of purchased six months of supply (2 x Stage-One, 2 x Stage-Two and 2 x Stage-Three).
- To go through the entire process using products in recommended order and time intervals which in total cannot take less than six months.
- To take "before and after" photos of your full body. Where "before" should be taken at the beginning of the precess and "after" at the end (after the six months). Both photos have to be taken with the valid photo Id and the front page of current day newspaper.
The price of the another weight loss product will be reimbursed up to the amount paid for the full six months program.
3. REPRESENTATIONS; DISCLAIMERS
A. It is Our intention to provide You with the finest products available, and we believe in the efficacy of every Product we sell. You understand, however, that Our Products have not been evaluated by the FTC, and Our Products are not intended to diagnose, treat, cure or prevent any disease. Individual results will vary, and not every trade is will make you money.
B. You agree that You either have consulted, or will consult, with a physician before taking any of Our Products, and You will cease immediately taking Our Products if You experience any ill effects or unintended side effects of any Product.
C. We endeavor to provide You with accurate information about Our Products. You understand and agree that the information we convey about or Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities ("Third Parties"). We do not warrant or represent that such information is error-free, and we do not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data.
D. We do not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person.
E. You must refer to the manufacturer’s specifications or warranty documentation to determine Your rights and remedies in this regard.
4. OWNERSHIP; INTELLECTUAL PROPERTY.
A. The Website, and all images and content at the Website (collectively, "Materials"), are the sole and exclusive property of Slimfy or its licensors. No license or ownership rights in or to any of the Materials are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website.
B. The Materials are protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Materials may be reproduced by You without Slimfy’s prior written permission.
C. Trademarks. Slimfy is a trade name we own. The related design marks, and other trademarks on the Website are owned by us. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.
5. YOUR REPRESENTATIONS.
You hereby represent and warrant that:
A. You are age eighteen or older;
B. You have read this Agreement and thoroughly understand the terms contained in this Agreement;
C. Any Products You purchase from the Website will be used for Your personal, non-commercial use;
D. You will not re-sell, re-distribute or export any Product that You order from the Website;
E. Slimfy has the right to rely upon all information provided to Slimfy by You;
F. Slimfy may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
G. All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Website will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to affect, record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
Without the express prior written authorization of Slimfy, You may not:
A. Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law);
B. Create derivative works based on the Website or any of the Materials;
C. Remove any copyright or other proprietary notices from the Website or any of the Materials contained therein;
D. Frame or utilize any framing techniques in connection with the Website or any of the Materials;
E. Use any meta-tags or any other "hidden text" using the Website’s name or marks;
F. "Deep-link" to any page of the Website;
G. Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website);
H. Use any data mining, bots, or similar data gathering and extraction tools on the Website;
I. Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
J. Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
A. This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website.
B. We reserve the right to terminate this Agreement without notice and/or refuse to sell to anyone who We believe, in Our sole discretion,
(i) has violated any of the terms of this Agreement,
(ii) is abusing the Products or the services we provide, or
(iii) is unable to provide us with sufficient information to allow us to properly identify the customer’s real name, address, or other contact information.
C. Following termination, you will not be permitted to use the Website and we may, in our discretion, cancel any outstanding Product Orders. If your access to the Website is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This Agreement will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Website.
8. LIMITATION OF LIABILITY; NO WARRANTIES.
A. In no event shall Slimfy or its officers, directors, employees or subcontractors be liable for any indirect, special, incidental, exemplary, consequential or punitive damages, under any cause of action whatsoever including but not limited to contract, tort, strict liability, warranty or otherwise, for any claim, cause of action, fee, expense, cost or loss (collectively, "Claims") arising from or related to this Agreement, the Products, or Customer’s use of the Website or any Product.
B. Except as otherwise specifically stated in this Agreement, the Website and all Products and services provided to You are provided "as is", without any warranty whatsoever.
C. You agree that Slimfy’s entire liability for all Claims shall be limited, in the aggregate, to the lesser of (i) USD $100.00, or (ii) the total amount of money You paid to Slimfy in the one (1) month period immediately preceding the incident on which Your Claim is based. This limitation of liability shall apply for all Claims, regardless of whether Slimfy was aware of or advised in advance of the possibility of damages or such Claims.
D. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
E. Disclaimer of forward-looking statements. This Website may contain forward-looking statements that reflect our current expectation regarding future events and business development. the forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors, some of which are outside our control.
F. Exclusion of damages. We will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including, without limitation, damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the Website or products, regardless of the cause of action on which they are based, even if advised of the possibility of such damages occurring.
G. Health related information. We provide information on the Website for informational purposes only. It is not meant as a substitute for the advice of a doctor or other health care professional. You should not use the information available on or through the Website for diagnosing or treating a medical condition. You should carefully read all product instructions prior to use.
H. Health disclaimer. This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions we suggest consulting with a physician before using any of our products. The results on all products are not typical and not everyone will experience these results.
You agree to defend, indemnify, and hold harmless Slimfy, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your misuse or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If we do not hear from You promptly, we reserve the right to defend such claim or suit and seek full recompense from You.
Any notice required to be given under this Agreement to You may be provided to You by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that You provided to Us, and shall be deemed delivered once sent. Notices by customers to Slimfy must be sent in writing to the following address: Slimfy™, Attention: Legal, 1451 W Cypress Creek Rd, Fort Lauderdale, FL 33309.
11. FORCE MAJEURE.
Slimfy shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Slimfy’s performance.
12. WAIVER OF CLASS ACTION RIGHTS.
By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with this Agreement must be asserted individually.
13. LIMITATION OF ACTIONS.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
14. DOMESTIC USE.
Export Restriction. We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.
15. USING THE WEBSITE.
(a) Eligibility. Except as expressly provided below, Services may only be used by, and Membership is limited to, individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming Members and, except as specifically provided below, using fee-based Services. Membership is defined by engaging in a purchase agreement with Slimfy wherein you, the consumer purchase one of the products found on the Website.
(b) Compliance. You must comply with all of the terms and conditions of this Agreement, the policies referred to below, and all applicable laws, regulations and rules when you use the Website.
(c) License and Restrictions. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-exclusive right to use the content and materials on the Website in the normal course of your use of the Website. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in this Agreement. You may not attempt to reverse engineer any of the technology used to provide the Services.
(d) Prohibited Conduct. In your use of the Website and the Services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Website or any websites linked to the Website; (iii) interfere with or damage the Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the Services; (viii) use any meta tags or any other "hidden text" utilizing the Company's name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party's ability to use or enjoy the Website or Services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.
(e) Other Users. If you become aware of any conduct that violates this Agreement, We encourage you to contact Customer Service. We reserve the right, but will have no obligation, to respond to such communications.
15. THIRD PARTY WEBSITES.
We do not control the information, products or services available on third party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website's operators. Because we have no control over such websites and resources, you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
16. YOUR CONTENT.
(a) License. By posting, storing, or transmitting any content on or to the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any. (b) Objectionable Content. We do not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the Website. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Website and take any other action to restrict access to or the availability of any material that we or another user of the Website may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this Agreement).
17. ACCURACY OF INFORMATION.
We attempt to ensure that the information on the Website is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.
18. SALES TAX.
If you purchase any products available on the Website ("Products"), you will be responsible for paying any applicable sales tax indicated on the Website.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
* Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed exclusively by the laws of the State of Florida, excluding its conflict of law provisions. Venue for any matter arising from or related to this Agreement shall exist solely and exclusively in Broward County, Florida, and the parties hereby submit to the personal jurisdiction of the state and federal courts sitting in Broward County, Florida for such purpose.
* Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
* Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
* Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
* Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.
* No Waiver. No waiver of or by Slimfy shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
* Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
* Complete Agreement. This Agreement constitute the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
* Modifications. Slimfy reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes.
Slimfy does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Slimfy in writing, these terms and conditions may not be amended by You.
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