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Terms and Conditions

Your Agreement to Terms & Conditions

 

Please read this Agreement carefully to ensure you understand each provision. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, (Section X) AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. (Section IX)

 

This Document contains the terms and conditions of your receipt and payment for Sexy Skinny Healthy Happy goods and services and is subject to arbitration. THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF Sexy Skinny Healthy Happy’s GOODS AND SERVICES.

 

Welcome to Sexy Skinny Healthy Happy. By using our website (“Site”) or placing an order, you accept and agree to be bound by these Terms and Conditions (“Terms and Conditions”) and our Privacy Policy, which are legally binding agreements between you and Sexy Skinny Healthy Happy (“Sexy Skinny Healthy Happy,” “us,” or “we”). Use of the Site is only available to users who have reached the age of majority where you live and reside in the United States, or its possessions and territories. Sexy Skinny Healthy Happy makes no claims that the Site or any of its content is accessible from outside the United States. Should you access our Site outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

We may update these Terms and Conditions from time to time at our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby.

You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.

 

I. Eligibility

By using our Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. The Sexy Skinny Healthy Happy Program is intended only for consumers who have reached the age of majority. By purchasing Sexy Skinny Healthy Happys’ products or enrolling in a Sexy Skinny Healthy Happy Program, you represent that you have reached the age of majority where you live.

 

Important Health Information for Sexy Skinny Healthy Happy Program

The Sexy Skinny Healthy Happy Program encourages a healthier pattern of eating and the development of healthy lifestyle habits; however, it is not intended to treat any illness or disease.

 

We prohibit people with certain conditions to use the Sexy Skinny Healthy Happy Program; these include those who are pregnant, have been diagnosed with or treated for an eating disorder, within the last 5 years, and those who have a BMI under 18.5. Please note that if you are allergic to food allergens such as soy, peanuts, tree nuts, corn or corn products, milk, wheat/gluten, or any other significant food allergy, you may not use the Sexy Skinny Healthy Happy program because adjustments to the meal plan cannot be made to accommodate these allergies.

 

Please consult your health care provider before enrolling in a Sexy Skinny Healthy Happy Program or purchasing Sexy Skinny Healthy Happy products if you have a medical condition, food allergies, have chronic kidney disease, have a condition requiring a gluten-free or ketogenic diet, are a nursing mother, or are a male weighing over 250lbs or a female weighing over 200lbs. You must consult your health care provider to determine if you require an adjusted meal plan. Sexy Skinny Healthy Happy will not provide you with advice or recommendations based upon your medical condition or food allergies.

 

If you are being treated for a medical condition, taking prescription medication, or following a therapeutic diet to treat a disease, it's especially important to show the Sexy Skinny Healthy Happy Program to your health care provider. Any modifications made to the Sexy Skinny Healthy Happy Program by your health care provider should be followed.

 

Health Disclaimer

WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. INFORMATION PROVIDED BY THE WEBSITE, COACHING TEAM, AND/OR MOBILE APP DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED.

 

The Sexy Skinny Healthy Happy Coaching team does not provide medical, mental health or any other type of health service. You are advised to seek diagnosis, treatment, and advice regarding medical or mental conditions or illness from physicians practicing medicine, psychotherapists, psychologists or other licensed healthcare and mental health professionals.

 

If you have allergies or are otherwise unable to consume an ingredient present in Sexy Skinny Healthy Happy food, you may only have a limited number of Products to choose from. This may impact on your ability to become a Sexy Skinny Healthy Happy customer.

 

You are responsible for:

 

Seeking professional advice as to your diet, exercise, and any lifestyle change.

Your own health, including ensuring that you regularly consult your health care provider regarding the need to modify your diet, medications, and/or your level of physical activity.

Informing your health care provider if you experience changes in your health while on our program.

Ensuring you do not have any health conditions which prohibit you from consuming any of our Products.

Checking the Nutritional Facts Panel and Ingredients of each Product before purchase and consumption.

You are urged and advised to seek the advice of a health care provider before beginning the Sexy Skinny Healthy Happy Program, or any other weight loss program as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Your health care provider may need to adjust your medications due to changes in your diet, exercise, or weight while on this program.

 

The Sexy Skinny Healthy Happy Program will provide a suggested calorie range to promote a healthy weight and is designed for a safe rate of weight loss of 1 to 2 lbs. per week. Since weight loss varies with individuals, including starting weight and adherence to the Sexy Skinny Healthy Happy Program, we do not guarantee weight loss results. It is important to note that medical studies indicated that people 20 percent or more above their recommended weight are at an increased risk of many illnesses or diseases. It is also important to be aware of certain risks that have been associated with weight loss and that possible side effects may occur. You should consult with your health care provider before starting and while on the Sexy Skinny Healthy Happy Program to understand the possible side effects of weight loss. Please be sure to eat all the food that is recommended on the Sexy Skinny Healthy Happy Program.

You represent to us that you are not using the Sexy Skinny Healthy Happy Program or participating in any of the activities offered for the purpose of seeking medical attention. You further agree that, before using the Sexy Skinny Healthy Happy Program you consult your health care provider, particularly if you are at risk for problems resulting from exercise or changes in your diet. If any information you receive or obtain from using the Sexy Skinny Healthy Happy Program is inconsistent with the medical advice from your health care provider, you should follow the advice of your health care provider. You agree that Sexy Skinny Healthy Happy and its affiliates, successors and assigns, employees, and agents (collectively the " Sexy Skinny Healthy Happy Released Parties") shall not be liable for any damages arising from personal injuries (including death) sustained as a result of your participation in any Sexy Skinny Healthy Happy Program or use of any Sexy Skinny Healthy Happy products. By participating in a Sexy Skinny Healthy Happy Program, you acknowledge and further agree that you and anyone claiming on your behalf releases and forever discharges any and all Sexy Skinny Healthy Happy Released Parties from any damages arising from personal injuries (including death) sustained as a result of your participation in any Sexy Skinny Healthy Happy Program or use of any Sexy Skinny Healthy Happy products.

 

II. Auto-Delivery Program

Not currently available.

 

Cancellation:

You may cancel your program at any time by emailing customersupport@Sexyskinnyhealthyhappy.com

 

We reserve the right to modify, enhance, terminate, or otherwise change your Sexy Skinny Healthy Happy plan benefits at our sole discretion.

 

III. Processing and Delivery:

Not currently available.

 

Refund Policy:

The program is refundable at any time. We reserve the right to update this policy at any time without notice.

 

All calls to and from Sexy Skinny Healthy Happy may be monitored or recorded for quality and training purposes.

 

Your Responsibility to Protect Your Account

Sexy Skinny Healthy Happy reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice Sexy Skinny Healthy Happy will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Sexy Skinny Healthy Happy may restrict access to some parts of the Site, or the entire Site.

 

When you create an account, you will be asked to establish a password. You are entirely responsible for maintaining the confidentiality of your password. And you are entirely responsible for all activity done by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless Sexy Skinny Healthy Happy, its subsidiaries, and its affiliates for losses incurred by Sexy Skinny Healthy Happy or another party due to someone else using your account or password. Sexy Skinny Healthy Happy has the right to disable any username, password, or other identifier, whether chosen by you or provided by Sexy Skinny Healthy Happy, at any time, in its sole discretion for any or no reason.

 

Personal Information

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection, use and sharing practices.

 

Content Posted by You

Content posted by you includes, but is not limited to, posting on Sexy Skinny Healthy Happy 's social media pages contain various pages where you and others may post content ("Social Sites"). You may only post content to the Social Sites that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates these Terms and Conditions. By posting or distributing content to the Social Sites, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to these Social Sites and grant the license rights and waivers granted to us under this Agreement and (b) the content does not and will not infringe any copyright, right of publicity or any other third-party right nor violate any applicable law or regulation.

 

By submitting or posting content to the Social Sites, you grant Sexy Skinny Healthy Happy, its affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide royalty-free right to reproduce, display, perform, distribute, modify, create derivative works of, adapt, and promote any posted content in any medium. Once you submit or post content to the Social Sites, Sexy Skinny Healthy Happy will not give you, and you irrevocably waive, any right to inspect or approve uses of such content or to compensate you for any such uses. Sexy Skinny Healthy Happy owns all right, title, and interest in any compilation, collective work, or other derivative work, whether or not created by Sexy Skinny Healthy Happy, using, or incorporating content posted to the Social Sites. For more information, please review Sexy Skinny Healthy Happy’s Privacy Policy.

 

Without limiting the foregoing license, you hereby irrevocably waive any and all rights of privacy or publicity, or other rights of a similar nature in connection with the commercial exploitation of all and any portion of your content, consistent with the terms of this Agreement. To the extent included in your content, you hereby consent to the use of your name and any other names, trade names, fictitious names, trademarks and service marks, likenesses, performances, voices and identities (and/or that of any minor who you are responsible for) for any and all purposes in connection with our exercise of the license rights granted herein.

 

You should carefully choose the information you post on the Social Sites. Any content that you post to the Social Sites will be considered non-confidential and non-proprietary. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on these Social Sites and the consequences of posting anything on these Social Sites.

 

Sexy Skinny Healthy Happy, its affiliates, and its subsidiaries are not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Social Sites.

 

Content Posted by Others

Sexy Skinny Healthy Happy is not responsible for, and does not endorse, content in any posting made by others on the Social Sites. You are solely responsible for your reliance on anything posted by others on the Social Sites. Under no circumstances will Sexy Skinny Healthy Happy be held liable, directly, or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Social Sites. If you become aware of misuse of the Social Sites by any person, please contact Sexy Skinny Healthy Happy at customersupport@sexyskinnyhealthyhappy.com or write to us at 30 N. Gould St., Ste R, Sheridan, WY 82801, Attn: Legal Department.

 

If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. Sexy Skinny Healthy Happy has the right to remove any user contributions from these Social Sites for any or no reason. Sexy Skinny Healthy Happy reserves the right to take necessary legal action against users.

 

Activities Prohibited on the Sites

The following is a partial list of the types of conduct that are illegal or prohibited on the Site or Social Sites. Sexy Skinny Healthy Happy reserves the right to investigate and take appropriate legal action against anyone who, in Sexy Skinny Healthy Happy sole discretion, engages in any of the prohibited activities on the Site or Social Sites. Prohibited activities include, but are not limited to, the following:

 

Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Sexy Skinny Healthy Happy in its sole discretion. Sexy Skinny Healthy Happy takes no responsibility for monitoring such content or in evaluating it;

Posting advertisements or solicitations of business;

After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

Posting chain letters or pyramid schemes;

Impersonating another person;

Distributing viruses or other harmful computer codes which is malicious or technologically harmful;

Harvesting or otherwise collecting information about others, including email addresses, without their consent;

Allowing any other person or entity to use your identification for posting or viewing comments;

Posting the same note more than once or "spamming;"

Harassing, threatening, stalking, or abusing any person;

Attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site or Social Sites, the server on which the Site or Social Sites are stored, or any server, computer or database connected to the Site or Social Sites; or

Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site or Social Sites, or which, in the sole discretion of Sexy Skinny Healthy Happy, exposes Sexy Skinny Healthy Happy or any of its customers or suppliers to any liability or detriment of any type.

Monitoring and Enforcement; Termination

Sexy Skinny Healthy Happy reserves the right, but is not obligated, to do any or all of the following:

 

Record the dialogue or content posted on any pages of the Site or Social Sites

Investigate an allegation that anything posted on the Site or Social Sites does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the posting;

Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions; Terminate your access to the Site or Social Sites upon any breach of these Terms and Conditions (either directly or through breach of any other terms and conditions or operating rules applicable to you); Monitor, edit, or disclose any posting on the Site or Social Sites; and

Edit or delete any communications posted on the Site or Social Sites, regardless of whether such communications violate these standards; or Sexy Skinny Healthy Happy may disclose your information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Without limiting the foregoing, Sexy Skinny Healthy Happy has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Sexy Skinny Healthy Happy to disclose the identity or other information of anyone posting any materials on or through the Site or any Social Sites. YOU WAIVE, AND HOLD HARMLESS SEXY SKINNY HEALTHY HAPPY, ITS AFFILIATES, AND ITS SUBSIDIARIES FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SEXY SKINNY HEALTHY HAPPY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF SEXY SKINNY HEALTHY HAPPY, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.

 

Sexy Skinny Healthy Happy does not undertake to review any materials before you have posted them on the Site or Social Sites and cannot ensure prompt removal of objectionable material after it has been posted. Sexy Skinny Healthy Happy assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Sexy Skinny Healthy Happy has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Sexy Skinny Healthy Happy has the right to terminate your access to the Site or Social Sites for any reason, including, without limitation, if Sexy Skinny Healthy Happy, in its sole discretion, considers your use to be unacceptable. Sexy Skinny Healthy Happy may, but shall not be under any obligation to, provide you a warning prior to termination of your use of the Site or Social Sites.

 

Sexy Skinny Healthy Happys’ Intellectual Property

The entire contents of the Site or Social Sites are copyrighted as a collective work under the laws of United States and other copyright laws. Sexy Skinny Healthy Happy and its affiliates hold the copyright in the collective work. The collective work includes works which may be the property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site or Social Sites solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site or Social Sites.

 

The Site and its entire contents feature and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Sexy Skinny Healthy Happy or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

These Terms and Conditions permit you access to the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.

 

You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Sexy Skinny Healthy Happy or its affiliates. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

 

Trademarks

The Sexy Skinny Healthy Happy name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Sexy Skinny Healthy Happy or its affiliates or licensors. You must not use such marks without the prior written permission of Sexy Skinny Healthy Happy. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

 

Copyright Protection

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Sexy Skinny Healthy Happy (as set forth below) and providing the following information:

 

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.

Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.

Your name, address, telephone number, and email address.

A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the applicable law.

A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information by mail to Sexy Skinny Healthy Happy, LLC, 30 N. Gould St., Ste R, Sheridan, WY 82801, ATTN: Legal Department. In an effort to protect the rights of copyright owners, Sexy Skinny Healthy Happy maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

 

Changes to the Site

Sexy Skinny Healthy Happy may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and Sexy Skinny Healthy Happy is under no obligation to update such material.

 

Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by Sexy Skinny Healthy Happy with respect to your information in compliance with the Privacy Policy.

 

Online Purchases and Other Terms and Conditions

All purchases made through this Site or other transactions for the sale of goods or services, or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.

 

Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.

 

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Sexy Skinny Healthy Happy has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Sexy Skinny Healthy Happy may disable all or any social media features and any links at any time without notice in our discretion.

 

Legal Disclaimers

Warranties

The Social Sites and/or Site and the content are provided on an "as is" and "as available" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, SEXY SKINNY HEALTHY HAPPY, ITS LICENSORS, ITS AFFILIATES, AND ITS SUBSIDIARIES, AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Sexy Skinny Healthy Happy makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness, or suitability of the Social Sites and/or Site. Sexy Skinny Healthy Happy cannot and does not warrant against human and machine errors, omissions, delays, interruptions, or losses, including loss of data. Sexy Skinny Healthy Happy cannot and does not guarantee or warrant that files available for downloading from these Social Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Sexy Skinny Healthy Happy cannot and does not guarantee or warrant that any content you post on the Social Sites will remain on the Social Sites. Sexy Skinny Healthy Happy does not warrant or guarantee that the functions or services performed on the Social Sites and/or Site will be uninterrupted or error-free or that defects in the Social Sites and/or Site will be corrected.

 

The Social Sites and/or Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Sexy Skinny Healthy Happy, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Sexy Skinny Healthy Happy, its affiliates, and its subsidiaries are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Limitation of Liability

SEXY SKINNY HEALTHY HAPPY, ITS AFFILIATES, AND ITS SUBSIDIARIES' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SEXY SKINNY HEALTHY HAPPY IS TO DISCONTINUE YOUR USE OF THE SITE. SEXY SKINNY HEALTHY HAPPY AND ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SOCIAL SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SOCIAL SITES AND/OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SEXY SKINNY HEALTHY HAPPY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SEXY SKINNY HEALTHY HAPPY’ AND ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

Indemnification

You agree to indemnify, defend, and hold Sexy Skinny Healthy Happy, its officers, directors, employees, agents, licensors, affiliates, subsidiaries, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Social Sites and/or Site, including, but not limited to, any content that you may post, any use of the Social Sites' and/or Site's content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Social Sites and/or Site.

 

Resolving Disputes - Arbitration

Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customersupport@sexyskinnyhealthyhappy.com. If Sexy Skinny Healthy Happy’ customer service department is unable to resolve a complaint you may have to your satisfaction (or if Sexy Skinny Healthy Happy has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration instead of in courts of general jurisdiction.

 

All disputes or claims that arise under or relate to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved by individual arbitration in accordance with the rules of the American Arbitration Association ("AAA"). Unless you and Sexy Skinny Healthy Happy agree otherwise, any arbitration hearings will take place in the county of San Diego, California. The AAA Rules are available online at adr.org, or by calling the AAA at 1-800-778-7879. Sexy Skinny Healthy Happy agrees that it will pay a consumer's filing fee for the arbitration.

 

You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR SEXY SKINNY HEALTHY HAPPY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).

 

The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).

 

Miscellaneous

Waiver and Severability

No waiver by Sexy Skinny Healthy Happy of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Sexy Skinny Healthy Happy to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

 

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

 

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules.

 

Entire Agreement

These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Sexy Skinny Healthy Happy with respect to the Social Sites and/or Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Social Sites and/or Site.

 

Notice

Sexy Skinny Healthy Happy may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your Sexy Skinny Healthy Happy account. You may give notice to Sexy Skinny Healthy Happy at any time via electronic mail to Privacy@sexyskinnyhealthyhapy.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Sexy Skinny Healthy Happy LLC, 30 N. Gould St., Ste R, Sheridan, WY 82801, Attn: Legal Department.

 

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