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Terms and Conditions Terms and Conditions of Use PLEASE NOTE: These “Terms and Conditions of use” and any amendments thereto (the or these “Terms”) constitute a binding agreement between you, the person or entity that agrees to these Terms ("you,” or “your”) and IdealShape™, LLC (“IdealShape” “us,” “we,” “our”), the owner and administrator of this Site (defined below) and all of the its content and functionality. These Terms, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this Site govern your use of and access to this Site and any and all of its sub-pages. WE RECOMMENDED THAT YOU REVIEW THESE TERMS AND CONDITIONS IN THEIR ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THIS SITE (defined below). Welcome to IdealShape.com and its related sites (referred to herein collectively as the or this “Site”), provided by IdealShape. These Terms govern your use of this Site and its related domains on which these Terms appear. We may change these Terms from time to time without notice to you. Changes will apply to any subsequent orders received and your continued use of the Site after any such changes constitutes your acceptance of the new Terms. These Terms apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with IdealShape for products, services, or otherwise. If you register for our Support Center features, such as the Message Boards, IdealShape Support Team, additional rules, policies, and disclaimers may apply. Privacy Policy Users of this Site should refer to this Site’s Privacy Policy for information about how IdealShape uses and collects information. You agree that IdealShape may disclose your personal information to a third party if IdealShape believes in good faith that the law or legal process requires it, to protect the rights or property of IdealShape or others, or as otherwise described in the Site’s Privacy Policy. Product Information For questions about the products on this Site, please use the customer service e-mail links found on each product page or section. For questions about orders placed through the Site, please use the customer service link in the e-mail receipt you receive or by visiting the online Customer Service Center. Our Guarantee All products on the Site carry at least a 30-day, money-back guarantee from the date of delivery in the event that you are not 100% satisfied with your purchase. Should you experience any difficulty or delay in returning a product and securing the proper refund, please visit our online Customer Service Center. Order and Payment Information If you use the Site to purchase a product, payment must be received by IdealShape prior to IdealShape’s acceptance of an order, unless otherwise agreed by IdealShape. IdealShape may need to verify information you provide before IdealShape accepts an order, and may cancel or limit an order any time after it has been placed, including but not limited to the event that a product is listed at an incorrect price due to typographical or other error. If payment already has been made and your order is canceled or limited, IdealShape will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. IdealShape expressly conditions its acceptance of your order on your agreement to the Terms. If you do not agree to be bound by these Terms, you may not enter, access or use the site, or purchase any products through the Site; please exit the Site immediately. By accessing, using or ordering products through the Site, you affirm that you have read these Terms and understand, agree and consent to all the Terms contained herein. You further agree not to use or access Site if doing so would violate the laws of your state, province or country. In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to IdealShape is registered to you. IdealShape shall have the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to IdealShape. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms. You agree that your placement of an electronic order on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required. All prices displayed on the Site are quoted in U.S. dollars. IdealShape may prohibit delivery to addresses outside the United States and Canada. IdealShape will add shipping and handling fees and applicable sales/use tax. IdealShape reserves the right without prior notice to discontinue or change specifications and prices on products offered on the Site without incurring any obligation to you. Products displayed on this Site are available while supplies last. Descriptions of, or references to, products not owned by IdealShape on the Site do not imply endorsement of that product, or constitute a warranty, by IdealShape. Shipping Unless otherwise noted, IdealShape will use its best efforts to ship products within 48 hours of the receipt of a properly completed order. However, any delivery or shipment date provided by IdealShape to you is IdealShape’ good-faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. IdealShape shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. IdealShape cannot ship to P.O. boxes. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT IDEALSHAPE DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO IDEALSHAPE FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, IDEALSHAPE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. IDEALSHAPE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT OR ANY PRODUCTS DESCRIBED ON THE SITE. ANY STATEMENT ON THIS SITE OR ANY MATERIALS OR PRODUCTS DISTRIBUTED OR SOLD BY US HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. OUR PRODICTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR ILLNESS. IF YOU ARE PREGNANT, NURSING OR TAKING MEDICATION, WE SUGGEST THAT YOU CONSULT WITH A PHYSICIAN BEFORE USING ANY OF OUR PRODUCTS. CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS’ WARRANTIES, ALTHOUGH NOT THROUGH IDEALSHAPE. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE. ALTHOUGH IDEALSHAPE STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, IDEALSHAPE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, IDEALSHAPE DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. IDEALSHAPE DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The terms of this section survive any termination of the Terms. Limitations on Liability IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL IDEALSHAPE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (1) THE SITE; (2) THE USE OR INABILITY TO USE THIS SITE; (3) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (5) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (6) OTHERWISE UNDER THESE TERMS, EVEN IF IDEALSHAPE OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IDEALSHAPE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO IDEALSHAPE FOR ANY PRODUCTS SUPPLIED BY IDEALSHAPE THROUGH YOUR USE OF THE SITE. IdealShape will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. The terms of this section survive any termination of the Terms. Copyright and Trademarks All Site materials, including, without limitation, the IdealShape and IdealShape.com logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © 2003-2011 IdealShape, LLC. ALL RIGHTS RESERVED. IDEALSHAPE is registered trademark of IdealShape, LLC. IdealShape or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of IdealShape or the respective copyright owner, which it, in its sole discretion, may withhold. Permission is granted to display, copy, and download the materials on this Site for your personal, noncommercial, and informational use only; provided that you may not, without the permission of IdealShape or the respective copyright owner, (1) copy, publish, or post any materials on any computer network or broadcast or publications media, (2) modify such materials; or (3) remove or alter any copyright or other proprietary notices contained in the materials. Such permission also does not include, without limitation: (4) any sale, resale, or commercial use of the Site, its content, or services obtained through the Site; (5) the collection and use of any product listings or descriptions; (6) making derivative uses of the Site and its contents; or (7) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted in this section, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of IdealShape or any third party. Neither this Site nor any portion of this Site may be duplicated, reproduced, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by us. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that your conduct violates any statement included in these Terms, applicable law or is harmful to our interests. Trademarks: The following are trademarks or registered trademarks of IdealShape, LLC in the United States and other countries: IdealShape, IdealShape™ IdealShape.com™, myIdealShape.com™, yourIdealshpae.com are the logos, and the products described on this Site. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of IdealShape or the rights holder, which it, in its sole discretion, may withhold . In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of IdealShape, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of IdealShape. Other names and brands may be claimed as the property of others. Linked Sites IdealShape makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of IdealShape and IdealShape is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by IdealShape of the site or any information contained therein. When leaving the Site, you should be aware that IdealShape’ Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site. User Conduct In using this Site, you represent as follows that: You are age eighteen (18) years old or older; You have read these Terms and thoroughly understand these Terms as set forth herein; Any products you purchase from the Site will be used for your personal, non-commercial use; We have the right to rely upon all information provided to us by you; We may contact you by e-mail, telephone or postal mail for any purpose, including but not limited to: follow-up calls, customer satisfaction surveys, and inquiries about any orders you placed, or considered placing, at or through the Site. In using this Site, you further represent and warrant that you will not: Re-sell, re-distribute or export any product that you order from the Site; Duplicate the Site (except as expressly provided elsewhere in these Terms or as permitted by law); Create derivative works based on the Site or any the materials sent to you by us either via e-mail or by postal delivery; Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites; Disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites; Upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive, or destructive files; Use, frame, or utilize framing techniques to enclose any IdealShape trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without IdealShape’ express written consent; Use meta tags or any other “hidden text” utilizing a IdealShape name, trademark, or product name without IdealShape’ express written consent; Deeplink to this Site without IdealShape’s express written consent; Create or use a false identity on this Site; Collect or store personal data about others; Attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; and Post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by IdealShape; Remove any copyright or other proprietary notices from the Site or any of the materials sent to you by us either via e-mail or by postal delivery; Circumvent any encryption or other security tools used anywhere on the Site (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 Site); Use any data mining, bots, or similar data gathering and extraction tools on the Site; Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Site, server or activities conducted therein; or, Take any action that imposes an unreasonable or disproportionately large load on the Site or its network infrastructure. In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site. Copyright Policy and Copyright Agent It is IdealShape’ policy to respect the copyright and intellectual property rights of others. IdealShape may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, IdealShape may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. If you believe that IdealShape or any user of our Site has infringed your copyright in any material way, please notify IdealShape, and provide the following information: 1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; 2. An identification of the copyrighted work claimed to have been infringed; 3. An identification of the material that you claim is infringing so that we may locate it on the Site; 4. Your address, telephone number, and e-mail address; 5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved. Please direct inquiries regarding copyright issues by e-mail to: manager@IdealShape.com, or by mail to: IdealShape, LLC Meine and Associates, LLC – DBA IdealShape 921 West 500 North Lindon, Utah 84042 Indemnification You agree to defend, indemnify and hold harmless IdealShape, its parents, subsidiaries, officers, directors, employees, consultants, agents, independent contractors and suppliers from any claim, action, demand, liability, cost, loss, or damages (including attorneys’ fees), 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 Site, or your breach of any of these Terms. 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. . The terms of this section survive any termination of the Terms. SEC Disclosure The information contained within press releases issued by IdealShape should not be deemed accurate or current except as of the date the release was posted. IdealShape has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk. Changes to the Site IdealShape may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that IdealShape shall not be liable therefor. International Users This Site is controlled, operated, and administered by IdealShape from its offices within the United States of America. IdealShape makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. Applicable Law These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the Superior Court of Salt Lake City Utah, or the United States District Court for the Salt Lake District of Utah, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms. Furthermore, these Terms are intended to be governed by the “Electronic Signatures in Global and National Commerce Act.” You manifest your agreement to these Terms by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar language, or by merely accessing the Site, whether you have read these Terms or not. The terms of this section survive any termination of the Terms. Termination Notwithstanding any of these Terms, IdealShape reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Site and to block or prevent future access to and use of the Site. You agree that IdealShape shall not be liable for any termination of your use of or access to the Site. Severability If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The terms of this section survive any termination of the Terms. Language It is the express wish of the parties that the Terms and all related documents have been drawn up in plain English. Headings All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect these Terms. Complete Agreement These Terms constitutes the entire agreement between you and us with respect to your access and use of the Site and your order and use of the products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters. Modifications We reserve the right to change any of the provisions posted herein and you agree to review these Terms each time you visit the Site. Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of such changes. We do not and will not assume any obligation to provide you with notice of any change to these Terms. Unless accepted by us in writing, these Terms may not be amended by you. General The Terms constitute the entire agreement between IdealShape and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by IdealShape to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and IdealShape, and you do not have any authority to create any obligation or make any representation on IdealShape’ behalf. You may not assign this agreement, by operation of law or otherwise, without IdealShape’ written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and IdealShape and their respective successors and assigns. The terms of this section survive any termination of the Terms. At the end of these Terms we indicate the “last updated” date of these Terms. If the “last updated” date remains unchanged, you may presume that no changes have been made to these Terms since the “last updated” date. A changed “last updated” date indicates that these Terms have been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting. Last Updated: 12/15/2011 |