THIS IS A CONTRACT BETWEEN YOU AND SLIMGENICS
PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY. By accessing and using this and other websites, online services and mobile ick(collectively referred to as “SlimGenics,” “us,” “our,” or “we”), including without limitation www.slimgenics.com, www.slimgenicsdirect.com and other websites and mobile applications linking to these Terms (collectively, the “Sites”), you agree to be bound by these Terms, and you confirm that you are at least 13 years old. If you do not agree to all these Terms or you are under the age of 13, you must refrain from accessing and using the Sites. If you are between 13 and 17 years of age, you may only use the Sites with the involvement of a parent or guardian.
If you are asked to click your agreement to specific terms and conditions to access certain functions on any of the Sites (each a “Site Agreement“), the terms in the Site Agreement shall govern over any inconsistencies with these Terms, but only for the specific Site function described in that Site Agreement.
We may change these Terms from time to time without prior notice to you and will post the updated Terms to the Sites. ANY CHANGES TO THESE TERMS WILL APPLY IMMEDIATELY UPON POSTING TO THE SITES. BY USING OR OTHERWISE ACCESSING THE SITES, POSTING OR DOWNLOADING ANYTHING TO OR FROM THE SITES, YOU HEREBY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS AND ANY CHANGES TO THEM. YOU AGREE TO PERIODICALLY REVIEW THESE TERMS FOR CHANGES.
NEITHER THE PRODUCTS NOR ANY PRODUCT INFORMATION HAS BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION.
NO MEDICAL ADVICE
You grant SlimGenics and its employees permission to provide you with support and guidance on SlimGenics programs and product recommendations for your health, wellness and / or overweight condition. You warrant that you are in good health and fully able to participate in the STEP at Home Weight Loss Program, and you do not require a physician’s release to do so. YOU UNDERSTAND THAT SLIMGENICS PROVIDES ONLY WEIGHT REDUCTION, WEIGHT MANAGEMENT AND NUTRITIONAL COUNSELING SERVICES, THAT ITS EMPLOYEES ARE NOT MEDICAL OR PSYCHOLOGICAL PRACTITIONERS, AND THAT IT IS YOUR RESPONSIBILITY TO SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE COMMENCING USE OF ANY DIET, NUTRITIONAL SUPPLEMENTS, EXERCISE OR WEIGHT REDUCTION PROGRAM.
DO NOT USE THE SITES OR ANYTHING YOU FIND ON THE SITES AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. You agree that our provision of any information from any Sites does not constitute the practice of any medical, nursing, or other professional health care advice, diagnosis, or treatment. You are responsible for evaluating specific treatments, information, content, products and services that may be available through the Sites. We do not represent, warrant or guarantee any particular results with respect to your use of the Sites or any information available on the Sites. WE DO NOT MAKE ANY GUARANTEE ABOUT WHETHER ANY INFORMATION, PRODUCTS, OR SERVICES YOU FIND ON THE SITES WILL HELP YOU ACHIEVE THE RESULT(S) YOU WANT.
SHOULD YOU HAVE ANY HEALTH CARE RELATED QUESTIONS, CALL OR SEE YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER PROMPTLY. ALWAYS CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE BEGINNING A NEW TREATMENT, WEIGHT REDUCTION PROGRAM, DIET OR FITNESS PROGRAM. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ ON THE SITES.
OVERVIEW OF CONTENT ON THE SITES
The Sites contain postings, text, images, messages, files, and other information and materials for download and viewing by individual users (“Users“) of the Sites, as made available by SlimGenics and our advertisers, sponsors and other content contributors (“Content Contributors“). Portions of the Sites authored by SlimGenics or its authorized agents, contractors, and employees are referred to as “SlimGenics Content.” Portions of the Sites authored by Users are referred to as “User Content.” Portions of the Sites authored by other Content Contributors are referred to as “Third Party Content.”
Use and Accuracy of SlimGenics Content
All SlimGenics Content on the Sites, including but not limited to photographs, videos, artwork, written text is protected by federal and international copyright and intellectual property laws and is the property of SlimGenics. No portion of the SlimGenics Content may be reprinted, republished, modified, reproduced, or distributed in any form without the express written permission of SlimGenics. The Sites include numerous registered trademarks and service marks that are the property of SlimGenics, including but not limited to “SLIMGENICS,” “THERMO-BOOST,” “THERMO-SNACKS,” THERMO-MEALS,” “HEALTHY EVER AFTER,” “A BETTER LIFE THROUGH BETTER HEALTH,” “GOOD FOR YOU. GOOD FOR LIFE.,” “SLIM-REPAIR” Other trademarks, service marks and logos used in the Sites are the trademarks, service marks or logos of third parties.
You may view or download SlimGenics Content for your own personal use. You must keep intact any notices, including trademark and copyright notices, contained on any downloaded SlimGenics Content and you must comply with any applicable end user license agreements. With respect to SlimGenics Content, any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by SlimGenics. Downloading, screen capturing or copying SlimGenics Content in any manner for any use other than personally viewing the document is prohibited by copyright law.
Although SlimGenics attempts to ensure the accurateness of the SlimGenics Content, it makes no guarantees whatsoever as to their correctness or accuracy. It is possible that the SlimGenics Content could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to SlimGenics Content by third parties. In the event that an inaccuracy arises, please inform SlimGenics so that it can be addressed. Information contained on the Sites may be changed or updated without notice.
Use of User Content and Third Party Content
All User Content and Third Party Content on the Sites are the responsibility of their respective owners. SlimGenics is not responsible for User Content and Third Party Content, and the views and opinions expressed in User Content and Third Party Content are not necessarily those of SlimGenics. SlimGenics cannot, and does not, review User Content or Third Party Content before they are made accessible through the Sites. Nevertheless, please be advised that User Content and Third Party Content may be protected by federal and international copyright or other laws, and your right to reprint, republish, modify, reproduce, or distribute User Content or Third Party Content may be limited accordingly.
Your contract with your mobile network provider (“Mobile Provider“) will continue to apply when accessing or using the Sites on your mobile, handheld device (“Mobile Device“). You understand that your Mobile Provider may charge you fees for your use of its network while accessing or using the Sites, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges, and that YOU ARE SOLELY RESPONSIBLE FOR SUCH FEES AND CHARGES. You understand that the Sites are provided over the Internet and mobile networks, so the quality and availability of the Sites may be affected by factors outside our control. We do not guarantee that the Sites will be compatible or operate with your Mobile Provider’s service plans, with any particular mobile device, or other piece of hardware, software, equipment, or device you install on or use with your Mobile Device. We are not responsible if the Sites are unavailable or if you cannot download or access the content on the Sites, for any compatibility or interoperability issues, or for any communication system failure which may result in the Sites being unavailable.
YOUR USER ACCOUNT
If you are permitted to and choose to create an account on a Site, you are the only person authorized to access and use your account. You will not give your username, password, or any other account information to a third party. You must immediately notify us of any known or suspected unauthorized use of your account or any known or suspected breach of security, including, but not limited to loss, theft, or unauthorized disclosure of your password. YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON YOUR ACCOUNT. Any fraudulent, misleading, abusive, or illegal activity may be grounds for termination of your account at our sole discretion and we may refer you to appropriate law enforcement agencies. You agree to maintain accurate and complete contact information in connection with your account, and to update this information promptly in the event it changes.
Any change or update made to your account information, and all other postings, text, images, messages, files, and other materials you post, transmit through, or link to the Sites (collectively, “Your Content“) are your sole responsibility. SlimGenics and the Sites merely provide a means for the transmission and dissemination of Your Content. YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OF OR ANY ACTIVITIES ASSOCIATED WITH ANY OF YOUR CONTENT. THE RESULTS OF ANY ACTIONS YOU TAKE BASED ON YOUR CONTENT OR OTHER CONTENT YOU FIND ON THE SITES ARE SOLELY YOUR RESPONSIBILITY. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind resulting from Your Content.
We do not pre-screen or approve Your Content and we have no obligation to monitor Your Content. However, we reserve the right to review, modify, monitor, distribute, refuse to post, or delete any of Your Content at our sole discretion. We reserve the right at all times and in our sole discretion to disclose any information we believe necessary to satisfy any law, regulation, legal process, or governmental request.
By uploading, transmitting, or posting Your Content, you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute Your Content in whole or in part.
You agree that when using the Sites, you will not:
Delete, hack, or attempt to change or alter any content or notices;
Use or introduce into the Sites any device, software, or routine intended to damage, bypass, modify, interfere with, erase, or permit unauthorized access to the Sites, servers, or networks connected to the Sites, crack passwords or security encryption codes, or take any other action that interferes with any other person’s use of the Sites;
Use any automatic or manual device or process to harvest or compile information from the Sites for any reason;
Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Sites are based;
Introduce into the Sites any software routine designed to disable a computer program automatically, with the passage of time, or under the positive control of an unauthorized person;
Use any content made available through the Sites in any manner that misappropriates any trade secret or infringes any intellectual property rights, rights of publicity, or other proprietary right of any party;
Collect, store or use personal data about other Users, or otherwise attempt to access any other person’s information;
Post, upload, or transmit photos or video of any third party without express, written permission. By uploading, transmitting, or posting any photo or video on or through the Sites, you represent and warrant that you have express, written permission from all persons appearing in the media for all potential uses by the Sites or SlimGenics of such media;
Send any chain letters, junk mail, spam, unauthorized e-mail, or advertisements;
Decrypt, transfer, frame, display, or translate any part of the Sites;
Use the information in the Sites to create or sell a similar service or similar information;
Post, upload, or transmit any User Content that is or encourages unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, profane, indecent, sexually explicit, invasive of another’s privacy, hateful actions, or is intended to offend any person based on a person’s race, ethnic heritage, national origin, sex, sexual orientation or preference, age, physical or mental illness or disability, marital status, employment status, housing status, or religion;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a SlimGenics employee or representative; or
“Stalk,” harass, or threaten invade the privacy of another User of the Sites.
Deactivation of Your Account
We may modify, suspend, or close your account or otherwise stop providing any Sites in whole or in part at any time and for any reason. We will not be liable to you or any third party for suspension or termination of any Site or your account. You will not be able to access any information in your account once your access has been suspended or terminated or a Site itself has been shut down. You are responsible for making sure Your Content and other information you desire is properly backed up so you have access to it in the event of loss, corruption, or cessation of any site, or termination or suspension of your account. WE DO not export Your Content, your Information, or other data during your use of the sites, or provide Your Content, Information, or other data to you when your account is closed.
You are responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical, Internet and other physical requirements necessary for your use of the Sites.
PRODUCT ORDERS, PAYMENT AND FEES
Product Order Process
You agree to pay all fees and expenses charged by SlimGenics for all nutritional supplements, fitness and weight loss products, and Site subscriptions (collectively, “Products“) and related services that you order through the Sites. You will make all required payments at the prices and upon the terms described in your shopping cart accessible through the Sites. Unless otherwise agreed by SlimGenics, SlimGenics will not accept any order for Products until full payment is received. SlimGenics may need to verify information you provide before accepting an order, and may cancel or limit an order any time after it has been placed. You represent and warrant that you are an authorized signatory of any credit or debit card you provide to SlimGenics, and hereby authorize SlimGenics to charge that credit or debit card to pay any charges related to the purchase of Products or any other fees you owe for use of the Sites or under this Agreement. If payment has already been made and your order is cancelled or limited, we will refund payment in the same payment method as the original purchase for any Products not shipped due to such cancellation or limitation. SlimGenics expressly conditions its acceptance of all Product orders on your acceptance of these Terms.
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and Product details. We will send you a notice when we accept your orders and our acceptance will be deemed complete and to have been effectively communicated to you at the time we send the notice. The risk of loss in any Products you purchase and the responsibility to insure them passes to you when the relevant Products are delivered.
Taxes and Payment Collection
You are responsible for and shall pay all sales, use, value-added, withholding, personal property or other tax, duty, currency conversion charges, or levy of any kind, including interest and penalties thereon (“Taxes“), whether imposed now or later by any governmental entity in connection with your purchase of any Products. You agree to pay interest at the rate equal to the lesser of 1.5% per month, or the maximum rate allowed by applicable law, on any outstanding balance related to your purchase of any Products, together with costs of collection, including attorneys’ fees and costs. If you fail to pay any amount when due, we may immediately suspend your access to the Sites or your account.
Purchase Terms and Conditions
Excluding any Products contained in the SlimGenics Home Product Kit at the time of purchase, all Product purchases are an extra cost. You agree that ALL SALES ARE FINAL, and that all Products and related services are NON-REFUNDABLE, NON-RETURNABLE and NON-EXCHANGEABLE (for the safety and health of all SlimGenics clients, Products may not be returned and re-stocked). All services offered under the Home Program Kit are NON-REFUNDABLE for any reason. In addition, you agree to use all proprietary literature, program information and Products you purchase for your own personal benefit, and not transfer any such items to, or duplicate any of them for, any other person (including any commercial, retail, online or public entity). You further understand that the contents of all client files and records maintained by SlimGenics are the property of SlimGenics. YOU HEREBY ACKNOWLEDGE THAT THE NO-REFUND, NO-EXCHANGE, AND NO-RETURN POLICY HAS BEEN FULLY DISCLOSED TO YOU. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR THE COST OF ALL PRODUCTS AND SERVICES YOU PURCHASE. YOU FURTHER ACKNOWLEDGE THAT, OTHER THAN THE PRODUCTS AUTOMATICALLY INCLUDED IN THE SLIMGENICS HOME PROGRAM KIT, ALL PRODUCTS MUST BE PURCHASED AT THE PRICES IN YOUR SHOPPING CART ON THE SITES.
SHIPPING AND HANDLING
For product orders, ground carrier may change based on weight and final destination.
YOUR INDEMNIFICATION OF SLIMGENICS
You agree to defend, indemnify and hold harmless SlimGenics, our officers, members, directors, employees and agents, from and against any and all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of all or part of the Sites; (b) Your Content; (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations within these Terms; (d) your infringement or misappropriation of any intellectual property or other rights of SlimGenics or third parties; (e) any negligence or willful misconduct by you; or (f) any claims of personal injury arising from your participation in any SlimGenics program.
THE SITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED IN THE SITES AND ANY SITE-RELATED SERVICE, ARE PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. STATEMENTS OUTSIDE THE TERMS, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS NOT A WARRANTY OR PROMISE BY US, AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WE HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY COMMUNICATION, INFORMATION, OR YOUR CONTENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, SITE-RELATED SERVICES, AND ANY LINKED WEBSITES.
YOU UNDERSTAND THAT RESULTS MAY VARY WITH INDIVIDUALS DEPENDING UPON HOW WELL YOU ADHERE TO A SLIMGENICS PROGRAM. ALL PRODUCTS AND SERVICES PURCHASED OR OTHERWISE OBTAINED FROM SLIMGENICS ARE PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. STATEMENTS OUTSIDE THE TERMS, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING SUITABILITY FOR USE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, ARE NOT WARRANTIES OR PROMISES BY US, AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF ALL PRODUCTS AND SERVICES. ALL PRODUCTS AND SERVICES SOLD BY SLIMGENICS ARE NON-REFUNDABLE AND NON-RETURNABLE ONCE DISPENSED OR SHIPPED.
Some jurisdictions do not allow some disclaimers of warranties, so such disclaimers and exclusions may not apply to you.
LIMITATIONS OF LIABILITY
NEITHER WE NOR OUR SUPPLIERS ARE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO ANY PRODUCTS OR SERVICES, THE SITES, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED IN THE SITES OR ANY LINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PRODUCTS OR SERVICES, THE SITES, SITE-RELATED SERVICES, CONTENT OR INFORMATION, OR LINKED WEBSITES IS TO STOP USING THE PRODUCTS, SERVICES, SITES, SITE-RELATED SERVICES, CONTENT OR INFORMATION, OR LINKED WEBSITES.
IF WE ARE FOUND TO BE LIABLE DESPITE THE LIMITATIONS ABOVE, IN NO EVENT SHALL SLIMGENICS BE LIABLE FOR ANY DAMAGES RELATING TO THIS AGREEMENT GREATER THAN ONE THOUSAND U.S. DOLLARS ($1000), TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you.
It is SlimGenics’ policy to respect the intellectual property of others and to respond quickly to notices of alleged infringement. SlimGenics will terminate the access of all Users who infringe the intellectual property rights of others. Likewise, any apparent infringement of SlimGenics’ intellectual property rights by one of a User will result in the immediate termination of that User’s access to the Sites.
If SlimGenics removes or disables access to User Content or Third Party Content according to these Terms, SlimGenics may, in its discretion, provide the Content Contributor with a copy of the notification which prompted removal or disabled access to the User Content or Third Party Content. However, SlimGenics reserves the right to withhold access to and/or not replace the User Content or Third Party Content unless ordered to do so by a court or other tribunal of competent jurisdiction.
If you believe someone is using your copyrighted work without your permission on any of the Sites, you may wish to may contact our Designated Copyright Agent. Notifications of claimed copyright infringement and counter notices should be sent to our Designated Copyright Agent using the following contact information:
SlimGenics Group, LLC