TERMS AND CONDITIONS OF USE
Welcome to our website. This Site is maintained as a service to our customers. By using this Site, you acknowledge that you have read these terms and conditions of use, understand them, and agree to comply with and be bound by all the terms and conditions herein, as amended from time to time. If you do not agree to these terms and conditions, you should not use this Site.
This Agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of www.slimmuch.com (the “Site”). This Agreement may be modified at any time by Slim Much (the “Company”, “we”, “our”, “us”) upon posting of the modified agreement. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
All content included on this Site is and shall continue to be the property of the Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
Site Transactions; Billing and Payment. To the extent you purchase any products through the Site, you agree to pay for all goods and services ordered from the Company and/or its third-party providers. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Product Information. The prices for products displayed on the Site are quoted in U.S. dollars, unless otherwise indicated. Product availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you. You also acknowledge and agree that: (a) the individual results from the products sold on this Site will vary from customer to customer and the Company does not guarantee any specific results or particular benefits if you use our products; (b) the statements on this Site have not been evaluated by the FDA or licensed medical professionals; (c) the information provided on this Site is for informational purposes and shall not be treated as medical advice; (d) you have been advised to seek professional advice from a licensed medical professional before using any of our products; (e) our products do not, and should not be used to, treat medical conditions; and (f) you will cease using our products and seek immediate attention from a licensed, medical professional if you suffer from any medical condition.
Site Promotions. All product sales and promotions are subject to the terms of this Agreement, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the Site. Prices, promotions, and availability are subject to change without prior notice. We reserve the right to adjust pricing for our products and subscriptions in any manner and at any time as we may determine in our sole and absolute discretion.
If you are not completely happy with your purchase you may return the unused portion thirty (30) days from the date that the product was originally shipped to you for a full refund (minus applicable shipping charges and restocking fees) according to the following terms. All items must be in their original packaging. Unless specifically stated otherwise, all returned products will be subject to a restocking fee of $3.95. Keep the return tracking number for your return package to monitor delivery status and ensure credit has been issued. We are not responsible for lost or stolen packages. Credit for your return products, minus any applicable fees, will be processed once we receive the returned product. Please allow 2-3 weeks for return processing and 1-2 billing cycles to appear on your credit card. Your refund will be given in the same form of payment originally used for purchase. Refunds will only be issued to the original purchaser.
Items that are damaged, defective, or incorrect upon arrival should only be returned to the Company at the address below. The restocking fee will be waived for these items.
Returned products must be sent to the following address: SlimMuch, Attn: Returns, P.O. Box 243, St. George, UT 84771.
If you go to the Site to purchase a product (not including any free trials), you may have the option of buying a product one time, or purchasing a subscription. If you purchase a subscription, it is automatically billed every thirty (30) days to the credit card you provided when you purchased the subscription and mailed to you, until you cancel the subscription. We may use an account updater to automatically update your credit card information in the event it changes, in which case, your renewal will be billed to the updated account information.
If you wish to cancel your subscription, you may do so at any time, however, you must cancel your subscription no less than forty-eight (48) hours prior to your next shipment going out in order to not receive your next scheduled order.
To cancel your subscription, simply email us at [email protected] or call us toll-free at 855-622-5030.
Use of Product. You agree that any products you purchase from the Company or purchase through this Site will be used for your personal, non-commercial use. You agree that you will not re-sell, re-distribute, or export any product that you order from the Site.
Site Use; Testimonials. The Company grants you a limited, revocable, non-exclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. This limited right may be revoked at any time.
Further, you represent and warrant that (a) you are at least 18 years of age, (b) your use of the Site is legal in, and does not violate any laws or rules of, the jurisdictions in which you reside or from which you use or otherwise access the Site, (c) all information (if any) provided by you to us is correct, (d) you possess the legal right and ability to enter into this Agreement, (e) your use of the Site shall be in accordance with this Agreement, (f) your use of the Site shall be in accordance with all applicable laws and regulations, (g) you are capable of assuming, and do assume, any risks related to the use of the Site, and (h) you understand and accept the terms, conditions and risks relating to the use of the Site.
You may not copy, transmit, distribute, sell or publish any or all of the Site and/or its contents, without our prior, express and written consent. In your use of the contents of the Site, such as printing it, you may not remove or alter, or cause to be removed or altered, any notice, mark, or legend in or on the content, including, but not limited to, copyright notices, trademarks, and disclaimers. You may not create derivative works of the Site and/or its contents. In connection with your access to, and/or use of, the Site and contents, you agree not to:
Use the Site, in whole or in part, except as expressly provided in this Agreement or use the Site or its contents for any purpose that is unlawful, immoral, or prohibited by this Agreement or any applicable local, state, or federal law, rule, or regulation;
Use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site;
Obtain, or attempt to obtain, any materials, information, or other content through any means not intentionally made available or provided for through the Site;
Circumvent, or attempt to circumvent, any security feature of the Site; or
Modify, delete, decompile, disassemble or reverse engineer the Site in any way whatsoever.
If you prepare a product testimonial or product review, you acknowledge and agree that the Company may use such testimonial or review, in part or in whole, with your name and geographic location, as the Company determines in its sole discretion. You also agree that any information that you submit or post to the Site will be treated as non-confidential and non-proprietary and you grant us a royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, and adapt such submissions, in any manner the Company elects in its sole and absolute discretion.
User Accounts. Before you can make use of certain services associated with this Site, you may be required to register with the Site and create a user account. Payment for Site purchases may be processed through third party payment providers as we may designate from time to time. You acknowledge and agree that we are not responsible for these financial transactions and the security of your financial data with respect to these transactions. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security. You agree and warrant that all information you provide to us through this Site, including but not limited to any contact information and/or registration information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your account information, including but not limited to any changes to your email address.
You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading or transferring emails associated with such account).
Limitation of Liability; Disclaimer of Warranties. The Company provides this Site and the associated goods and services in connection with one or more affiliated companies and third party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify the Company, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.
THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON THE COMPANY’S COMPUTERS AND/OR SERVERS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE COMPANY’S SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE TOTAL AMOUNT YOU PAID TO THE COMPANY TO ACCESS ITS SERVICES AND/OR SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against the Company with respect to this Agreement or the Site, your sole and exclusive remedy is to discontinue using the Site and any services offered in connection with the Site.
You agree to indemnify, defend, and hold harmless, the Company, its subsidiaries and affiliates, and each of their managers, members, directors, officers, stockholders, agents, vendors, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of this Site and the services provided in connection with the Site, or your breach of any provision of this Agreement or any warranty provided hereunder.
Applicable Law. This Site is created and maintained by the Company in the State of Utah. You agree that the laws of the State of Utah, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and the Company or its affiliates. Regardless of where you access this Site, you agree that any action or proceeding arising out of this Agreement or your use of the Site and/or services, whether at law or in equity, must be brought in the state or federal courts located in the State of Utah and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
Dispute Resolution. This Site is controlled by the Company which is headquartered in the State of Utah. You agree that in the event any dispute or claim arises out of or relating to your use of the Site, you and the Company will attempt in good faith to negotiate a written resolution of the matter directly. You also agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery), the dispute shall be governed and construed in accordance with the laws in the State of Utah, and shall be resolved by binding arbitration administered by JAMS (“JAMS”), or its successor in interest, and conducted under its rules; the arbitration proceeding shall be held in the State of Utah. The arbitration shall be conducted before a single arbitrator, and shall not be conducted on a class-wide, class-action, or multiple-complaining-party basis. The prevailing party shall recover its attorneys’ fees and costs from the losing party.
Relief Available for Violation. In the event of an actual or threatened violation of this Agreement, this Agreement may be enforced by injunctive relief or specific performance without proof of actual damages but upon proof of all other requirements for the grant of such relief, in addition to any and all other available remedies.
Third-Party Websites. The Site may, from time to time, contain links to or reference third party websites, resources and advertisers (collectively, “Third Party Sites”). Your linking to such Third Party Sites is at your own risk. We are not responsible for the accuracy or reliability of any content, data, opinions, advice, statements, or other information made on the Third Party Sites. We do not investigate, monitor, or check such Third Party Sites for accuracy or completeness. We are not responsible for the availability of these Third Party Sites, nor are we responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites. We are providing these links to you only as a convenience and may discontinue providing such links at any time in our sole discretion without notice to you. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any Third Party Site contained in, referred to, included on, or linked from or to, the Site. If you decide to leave the Site and access these Third-Party Sites, you do so at your own risk. Under no circumstances shall we or any affiliated providers be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. You should direct any concerns to the respective Third Party Site’s administrator or webmaster. Any links to Third Party Sites do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such links, or that any linked Third Party Site is authorized to use any trademark, trade name, logo or copyright symbol of ours.
Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
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
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By Mail: Slim Much, Attn: Copyright Agent, P.O. Box 243, St. George, UT 84771
By e-mail: [email protected]
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. The Company’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.
The Company may terminate this Agreement at any time, with or without notice, for any reason.
This Agreement constitutes the entire agreement between you and the Company regarding your use of the Site, superseding any prior agreements between you and the Company. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Contact Information. If you need to contact us regarding this Agreement, we can be reached by emailing us at [email protected]