Terms of Service

Welcome to the ShapeWow website, shapewow.com.. By accessing or using our Site you signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service"), regardless of whether you are a registered user of the Site. If you do not agree to these Terms of Service, then do not use the Site.

We will not be bound by any additional or different terms or other documents that are inconsistent with these Terms of Service. These Terms of Service are effective as of the date posted above. The Company reserves the right to change or update these Terms of Service at any time by posting the updated terms on the Site. Once posted, the new terms will apply to all uses of the Site and Services (as defined below). If any new or different terms are posted in the Terms of Service, your continued use of the Site, access to the Site, or the Services offered on the Site after that point will be deemed your acceptance of those new or different terms.

Your use and access to the Site, along with any content, services, and/or goods made available through the Site, are governed by these Terms of Service. Before using the Site, please carefully read these Terms of Service. The Company may terminate your registration, delete your profile and any content or information you have posted on the Site, and/or prohibit you from using or accessing the Site (or any portion, aspect, or feature of the Site) at any time, in its sole discretion, with or without notice, if you violate any of these Terms of Service (which incorporate by reference the Company's Privacy Policy) or otherwise violate an agreement between you and us.

1. DESCRIPTION OF THE SERVICES

Subject to the terms and conditions specified herein, Company offers Users information regarding our products and allows Users to purchase such products through the Site; the Site also allows Users the possibility to post reviews (or other user generated content), establish an account, sign up for product waitlists, participate in a contest or promotion, submit feedback or user comments, complete optional surveys, contact customer service or otherwise interact with the Site (the “Services”). Certain of our Services require Users to provide personal information, as detailed in our Privacy Policy.

2. CUSTOMER DATA

If you wish to purchase products from the Site or obtain information regarding the Services, we or our e-commerce provider will obtain contact and payment information from you (“Customer Data”). Certain payment and processing options may direct you away from the Site to a third-party site.

By providing Customer Data, you agree: (i) to these Terms of Service; (ii) to provide true, accurate, current and complete Customer Data; (iii) to maintain and promptly update the Customer Data to keep it true, accurate, current and complete; (iv) for security reasons, to maintain the confidentiality of Customer Data; (v) to ensure that you properly exit from your account at the end of each session and to immediately notify Company of any unauthorized use of your account or any other breach of security; and (vi) to take full responsibility for all activities that occur under any customer account created for your use.

If you do not follow the aforementioned guidelines, the company will not be held liable for any losses or damages. If you give the company any information that is false, inaccurate, out of date, incomplete, or about which you are not the rightful owner, or if the company has good reason to believe that the information is false, inaccurate, out of date, or incomplete. Company may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

3. ELIGIBILITY

Any registration, use, or access to the Site by anyone who is not at least 16 years old is prohibited, unlicensed, and a violation of these Terms of Service. This Site is only intended for Users who are at least 16 years old. You represent and warrant that you are at least 16 years old and that you agree to abide by all of the terms and conditions of these Terms of Service by using the Services or the Site.The Company may terminate your registration and any content or information you have posted on the Site, as well as forbid you from using or accessing the Services or the Site (or any part, aspect, or feature of the Services or the Site), at any time and in its sole discretion, if you violate any of these Terms of Service, or for any other reason. You acknowledge and agree that in the event that the Company terminates your membership, account, or access to the Site or Services, it will not be liable to you or any third party.

4. PROPRIETARY RIGHTS

All rights, titles, and interests in and to the Services, together with all information, materials, data, and content offered on the Services, are retained by the Company. In addition, the Company maintains all rights, title, and interest in and to the business processes, procedures, methods, and techniques used in the Services, as well as all worldwide patent, copyright, trademark, and trade secret rights and other proprietary and intellectual property rights therein

("Intellectual Property"). Everything on the website, including but not restricted to designs, text, images, pictures, videos, software, music, sound effects, and other files, as well as how they are chosen and arranged (collectively, the "Site Content"), is our intellectual property, all rights reserved. Without our prior written consent, no part of the Site Content may be altered, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any way.. Such unapproved use might also be against copyright and trademark laws, as well as applicable statutes and regulations governing communications. Nothing in these Terms of Service may be interpreted as granting any license to intellectual property rights, whether by estoppel, implication, or other means, unless expressly stated herein.

5. CONTENT OF SITE AND PRODUCTS

Even though we make every effort to keep the Site accurate, we cannot be held accountable if any information found there is incomplete, inaccurate, or out of date. You assume all risks associated with using the information on this website. We reserve the right to make changes to our product descriptions and prices at any time. If the Site or the Services are changed, suspended, or discontinued, we won't be responsible to you or any other party.

Typographic mistakes, inaccurate information, or omissions pertaining to product descriptions, prices, promotions, offers, product shipping costs, transit times, and availability may be found in the Site's information about our products. If any information on the Site is inaccurate, we reserve the right to change or update the information, cancel orders, and correct any errors, inaccuracies, or omissions at any time without giving prior notice. (including after you have submitted your order). Except as required by law, we assume no responsibility to update, amend, or clarify any information on the Site, including without limitation, pricing information. It should not be assumed that just because a site update has been made, all of the content has been updated or changed.Products available through the Site are subject to our Return Policy. Limited stock may be available for some products. We can't guarantee that the colors and images of our products that appear on the Site will appear on your device or computer monitor precisely, even though we've made every effort to display them as accurately as possible. We maintain the right to discontinue any product at any time and to restrict the number of units we sell. We retain the right to reject any order you place with us and to limit or cancel the amount you can buy per order or per person at our sole discretion. We will make an effort to contact the email address, billing address, or phone number you provided at the time of the order in the event that we change or cancel it. Orders that, in our sole discretion, seem to have been placed by unlicensed dealers, resellers, or distributors may be subject to restrictions or prohibitions..

The legal right of withdrawal or cancellation that customers in the European Union and the United Kingdom may have under certain circumstances is unaffected by our return policy. Customers in the United Kingdom and the European Union, in particular, have the right to cancel or withdraw from their purchase at any time during the first fourteen (14) days without giving us a reason. After fourteen (14) days, either the customer or a third party (not the designated carrier) obtains physical possession of the ordered goods, this withdrawal/cancellation period ends. (or, in the event of multiple shipments of goods from the same order, the last goods in such order). If you are a customer located in the European Union or the United Kingdom and you would like to exercise your right to withdraw from, or cancel, your purchase, please Help@shapewow.com before the expiration of the deadline.

6. LINKED SITES

The Site may include hyperlinks to other websites, applications, and resources. Clicking on these links may redirect users to sites operated by entities other than the Company, including those for payment of services or other functions. The Company neither endorses nor assumes responsibility for any content, advertising, services, or goods on or accessible from such linked sites, applications, or resources. These linked sites, applications, or resources are beyond the Company's control, and we disclaim any responsibility for their contents, including links within them, that are not owned or operated by the Company. Additionally, we do not guarantee or endorse any third party or their content, and the presence of such links does not imply a partnership, joint venture, agency, or any similar relationship between the Company or its affiliates and the linked third party or their content. The Company is not liable for the actions, products, content, and information of third parties and their sites, applications, or resources. It's important to note that third-party sites are not governed by our Terms of Service and Privacy Policy, so users should carefully review the privacy statements and terms of use on those platforms.

7. USER CONTENT

By submitting information through the Site, such as product reviews, images, comments, or other submissions (collectively, "Submissions"), you attest that the information is original and that you own all rights to it; that it does not infringe upon the rights of any third party, including rights of privacy, copyright, trademark, or misappropriation of ideas; that it does not contain any content that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, or that is known to be false; and that it does not contain any private or personally identifiable information about any third party. In addition, you acknowledge and agree that any Submission will not be returned or kept confidential, that the Company is not required to use or pay you for the Submission, that the Company may publish the Submission in perpetuity in all markets worldwide and in any and all media now known or hereafter discovered, including the Site, and that the Company may edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, or pornographic. By submitting your Submission, you grant the Company a non-exclusive, perpetual, irrevocable, transferable, and sublicensable worldwide right and license to use, reproduce, modify, and otherwise exploit your Submission, with or without attribution.

8. REFERRAL

The company may, at its sole discretion, give you the chance to recommend clients to the company (a "Referral Program"). By providing referrals to the Company, you attest that you are authorized to provide such referrals, that they don't infringe upon third parties' rights to privacy or other rights, and that they don't conflict with any of these Terms of Service. You also agree that the Company may, at any time, end the Referral Program in its sole discretion. Your right to make referrals will end if the Company ends the Referral Program, and it will not be obligated to pay you for any referrals you may have made.

9. PROHIBITED CONDUCT

As per these Terms of Service, any applicable laws, rules, and regulations, you agree to use the Site and Services only for lawful, proper, and consistent purposes.

Do not use the Site or the Services in a way that may harm, disable, overload, or disrupt them, or interfere with others' use and enjoyment.
Avoid attempting unauthorized access to the Site, Services, or connected devices, computer systems, or networks through hacking or other illicit means.
Do not create user accounts through automated processes or with false information.
Refrain from transmitting viruses, worms, Trojan horses, or any destructive items. Do not defame, abuse, harass, stalk, threaten, or violate the legal rights of others.
Do not upload or share inappropriate, defamatory, infringing, obscene, or unlawful content.
Ensure that any content you upload respects the intellectual property rights of others and doesn't infringe on patents, trademarks, copyrights, or trade secrets.
Avoid uploading materials that promote pyramid schemes, chain letters, disruptive commercial messages, or any illegal activities.
Do not engage in activities such as running mail lists, Listserv, or spam on the Site or the Services.
Do not use automated software or processes to crawl or spider the Site for the purpose of obtaining content or information.
Avoid interfering with the proper functioning of the Site or the Services, including framing techniques, pop-up windows, or any activity that affects the display of pages.
Do not download files posted by other users if you know or reasonably should know that distribution is illegal.
Do not impersonate others or manipulate author attributions, legal notices, or proprietary designations.
Respect and preserve copyright, trademark, and proprietary rights notices on the Site or the Services.
Do not use robots, spiders, or other devices to retrieve or index portions of the Site or the Services for unauthorized purposes.
Refrain from submitting content that falsely suggests sponsorship or endorsement by the Company or its affiliates.
Use the Site or the Services only for personal purposes and not for any commercial activities.
Do not engage in any illegal or unauthorized activities, violating applicable laws or regulations.
Avoid promoting or providing instructions about illegal activities or causing harm to any group or individual.
Do not share or disclose information obtained through the Site or the Services about any investment offerings.

10. TEXT MESSAGING

If you choose to receive from or send to Company any text messages, Company will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).

11. DISCLAIMERS

YOU ACKNOWLEDGE THAT THE PROCESSING AND TRANSMISSION OF COMMUNICATIONS

RELATED TO THE USE OF THE SITE OR THE SERVICES, INCLUDING YOUR DATA, MAY ENTAIL

TRANSMISSIONS OVER VARIOUS NETWORKS AND ADAPTATIONS TO CONFORM TO THE

TECHNICAL REQUIREMENTS OF CONNECTING TO DIFFERENT NETWORKS OR DEVICES. AS

SUCH, YOU CONSENT THAT THE COMPANY WILL NOT BE HELD LIABLE FOR THE TIMELINESS,

DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY DATA, INFORMATION, OR CONTENT

TRANSMITTED BY YOU THROUGH THE SITE.THE COMPANY PROVIDES THE SITE AND THE

SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OR

CONDITION, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER

APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO

REPRESENTATION OR WARRANTY AND HEREBY DISCLAIMS ANY REPRESENTATION OR

WARRANTY THAT (I) THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR

REQUIREMENTS, (II) THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY,

ACCURATE, SECURE, COMPLETE, OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION

OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE, TIMELY,

COMPLETE, OR RELIABLE, AND (IV) ANY ERRORS IN ANY SOFTWARE USED ON THE SITE OR IN

CONNECTION WITH THE SERVICES WILL BE CORRECTED. OPERATION OF THE SITE MAY BE

INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE COMPANY'S CONTROL,

INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATIONS NETWORK DISRUPTIONS. THE

COMPANY IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY FAILURES OF THE

INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM, OR NETWORK USED IN CONNECTION WITH THE SITE OR THE SERVICES. TO THE FULLEST EXTENT

PERMITTED BY APPLICABLE LAW, WE MAKE NO, AND DISCLAIM ALL, REPRESENTATIONS OR

WARRANTIES REGARDING THE SUFFICIENCY OF THE SECURITY MEASURES USED FOR DATA

HANDLING AND STORAGE, AND WE WILL NOT BE RESPONSIBLE FOR ANY ACTUAL,

CONSEQUENTIAL SPECIAL, OR INCIDENTAL DAMAGES RESULTING FROM A LAPSE IN COMPLIANCE WITH OUR PRIVACY POLICY DUE TO A SECURITY BREACH OR TECHNICAL MALFUNCTION.

12. LIMITATION ON LIABILITY

IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR ITS LICENSORS, INCLUDING THEIR

RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AND SHAREHOLDERS (REFERRED

TO HEREINAFTER AS THE “COMPANY PARTIES”), BE LIABLE, REGARDLESS OF THE BASIS OF

CLAIM (INCLUDING NEGLIGENCE), FOR (I) ANY LOSS OR CORRUPTION OF DATA, LOST

PROFITS, OR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, EVEN IF

COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) THE COST OF

PROCURING SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY. CERTAIN JURISDICTIONS MAY

NOT PERMIT THE EXCLUSION OR LIMITATION OF SPECIFIC DAMAGES, THUS THE ABOVE

LIMITATIONS APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW. TO THE FULLEST

EXTENT PERMITTED BY LAW, THE COLLECTIVE AGGREGATE LIABILITY OF COMPANY AND THE

COMPANY PARTIES TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES IS LIMITED

TO THE GREATER OF (A) THE AGGREGATE AMOUNT PAID BY YOU TO THE COMPANY FOR SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM; OR (B) $100.

13.TERMINATION

You accept that the Company may, at its sole discretion, terminate your account for any reason, with or without cause or warning, and without liability, and may issue a warning, temporarily suspend, suspend indefinitely, or suspend it altogether. Should your account be terminated, data related to your usage of the Site may be deleted and/or stored by the Company at its own discretion. The Company shall have no further obligations to you in the event of termination.

14. INDEMNITY

Unless prohibited by applicable law, you agree to indemnify, defend, and hold Company, its affiliates, and their respective employees, agents, directors, officers, and shareholders harmless from all liabilities, losses, claims, damages, costs, and expenses, including reasonable attorneys' fees and costs incurred in enforcing this provision. This indemnification applies to (i) your use or misuse of the Site or the Services, (ii) your breach or alleged breach of these Terms of Service, and (iii) your violation of any law, rule, regulation, or infringement of any rights of others in connection with your use of the Site or the Services.

15. MISCELLANEOUS

These terms of service make up the entire agreement between you and the company regarding your access and use of the Site and the Services, superseding all prior and contemporaneous agreements between you and the company. If any of the provisions of these terms of service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The failure of the company to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. The provisions of Sections 3-8, and 11-15 shall survive any termination of these terms of service.This Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.The laws applicable to the interpretation of these terms of service shall be the laws of the State of California, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Los Angeles, California.Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the company or its successors or assigns shall exclusively be settled through binding and confidential arbitration.Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).To the fullest extent permitted by applicable law, you and the company must abide by the following rules: (1) any claims brought by you or the company must be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (2) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief; (3) the arbitration shall be confidential, and neither you nor the company may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

16. ASSIGNMENT

The Company may assign these Terms of Service to a parent or subsidiary company or to a business successor at any time in the event of a merger or the sale of almost all of its assets. You cannot assign or transfer these Terms of Service. Even in the event that any one of these terms is determined to be unenforceable for any reason, the remaining terms of this agreement shall remain unaffected and in full force and effect.

For any questions or comments, or to report violations of these Terms of Service, including receipt of spam from a user, contact the Company at: Privacy@shapewow.com with “Terms of Service” in the subject line of your email.