Terms of Service

PLEASE CAREFULLY REVIEW THESE TERMS OF SERVICE BEFORE USING THIS SITE.

Introduction and User Agreement

This Terms of Service Agreement (the “Agreement“) sets forth the terms and conditions for your use of this web site (the “Site“). The Site is owned and operated by Perfect Shape (“Perfect Shape” or “We“). By using the Site, you agree to be bound by this Agreement. If you do not agree to be legally bound by this Agreement, you should exit this Site immediately.

We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any changed to this Agreement constitutes your agreement to be bound by any such changes. This Agreement was last updated on September of, 2015. Perfect Shape may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.

Restrictions on the Use of Site Content

This Site contains text, data, articles, photos, images and other information (collectively, “Content“) that is proprietary to Perfect Shape or its Content providers. You acknowledge that this Content is protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Perfect Shape or its Content providers (each a “Contributor“) who have been involved in the preparation or publication of the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. Subject to your full compliance with this Agreement, You may print copies of the Content, provided that these copies are made only for personal, non-commercial use and that you maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any Content. Perfect Shape authorizes you to view and use the Content on this Site solely for your personal, noncommercial use. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without Perfect Shapes prior written approval.

Trademarks

Perfect Shape (including the Perfect Shape Logo), are trademarks or service marks of Perfect Shape (collectively, “Perfect Shape Trademarks”). Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by Perfect Shape or others. Nothing on this Site should be construed as granting, by implication, or otherwise, any license or right to use any of the Perfect Shape Trademarks displayed on this Site, without our prior written permission in each instance. We prohibit use of any of the Perfect Shape Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Perfect Shape Trademarks will inure to our benefit.

Copyright Complaints

If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent, in accordance with Title 17, United States Code, Section 512(c)(2) (under the “Digital Millennium Copyright Act“) to Perfect Shapes designated agent. Notification should include:

· 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 you claim is infringing is located on the Site;
· 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 duly authorized to act on the copyright owner’s behalf.

Disclaimer of Warranties

NEITHER PERFECT SHAPE NOR ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AGENTS OR INDEPENDENT CONTRACTORS (COLLECTIVELY THE “PERFECT SHAPE PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT IN THIS SITE. THIS SITE AND ALL OF THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. PERFECT SHAPE PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS PUBLICATION/WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYOPOGRAPHICAL ERRORS.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL THE PERFECT SHAPE PARTIES BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO YOUR USE, OR INABILITY TO USE, THE CONTENT, THE SITE OR ANY THIRD PARTY SITE TO WHICH THIS SITE IS LINKED. PERFECT SHAPE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT THE PERFECT SHAPE PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Public Areas

This Site may include bulletin boards and chat rooms (“Public Areas”) that allow feedback to Perfect Shape or interaction between users. Perfect Shape does not control the messages, information, or files delivered to Public Areas. It is a condition to your use of the Public Areas that you do not:

· restrict or inhibit other users from using and enjoying the Public Areas;
· post or transmit unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, or racially, ethnically or other objectionable information, including transmissions that constitute or encourage conduct that would be a criminal offense, give rise to civil liability, or otherwise violate any applicable laws;
· post or transmit any information that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right, without first obtaining permission from the owner or right holder; and
· post or transmit information that contains a virus or other harmful component or which contains advertising or solicitations of any kind. You hereby grant Perfect Shape an irrevocable, perpetual, transferable, royalty free, non-exclusive worldwide license to use, copy, display, perform, modify, create derivative works from, and distribute any information or materials you post on Public Areas.

Monitoring of the Site

Perfect Shape has no obligation to monitor the Site; however, you acknowledge and agree that Perfect Shape has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.

Submissions to the Site

All remarks, discussions, ideas, graphics or other submissions communicated to Perfect Shape through this Site (collectively, “Submissions”) will be the exclusive property of Perfect Shape and Perfect Shape is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission.

Indemnification

You agree to indemnify and hold harmless the Perfect Shape Parties from and against any and all claims, losses, expenses, or demands or liabilities, including attorneys’ fees and costs, incurred by the Perfect Shape Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of any such claims. The Perfect Shape Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Perfect Shape. You further agree to indemnify and hold harmless the Perfect Shape Parties from any claim arising from a third party’s use of information or materials of any kind that you post in a Public Area.

Links to Third Party Sites

This Site may contain links to web sites controlled, owned, and operated by third parties (the “Third Party Sites“). Perfect Shape cannot control and has no responsibility for the accuracy or availability of information provided on the Third Party Sites. You acknowledge that use of any Third Party Sites is governed by the Terms of Service for those websites, and not by this Agreement. Links to Third Party Sites do not constitute an endorsement by Perfect Shape of such sites or the content, products, advertising or other materials presented on such sites, but are for your convenience and you access them at your own risk. PERFECT SHAPE IS NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY WEB SITES, NOR DOES PERFECT SHAPE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD PARTY WEB SITES, AND PERFECT SHAPE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree that we are not responsible nor shall we be liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertiser on the Site.

Use of Personally Identifiable Information

Perfect Shape practices and policies with respect to the collection and use of personally identifiable information is governed by Perfect Shapes privacy policy.

User Conduct

You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.

User must Comply with Applicable Laws

This Site is based in California, United States. Perfect Shape makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Compliance with Export Laws

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

Termination

This Agreement is effective until terminated by Perfect Shape at any time without notice. Perfect Shape may suspend or terminate your access and use of the Site at any time, with or without cause, in Perfect Shapes absolute discretion and without notice. The following paragraphs of this Agreement shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimer of Warranties, Limitations of Liability, applicable law and dispute resolution, and any other provision that by its terms survives termination of your use or access to the Site.

General Provisions

Failure by Perfect Shape to enforce any provision(s) of this Agreement shall not be construed as a waiver thereof.

This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. All claims and disputes arising out of this Agreement or your use of the Site, other than actions for specific performance or injunctive relief brought by Perfect Shape shall be exclusively brought in the federal, state, or local courts located in California and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any cause of action you may have with respect to the Content, Site or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or it will be barred. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. You many not assign this Agreement, by operation of law or otherwise, without Perfect Shapes prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved.

Contact Us

If you have questions regarding the Agreement or the practices of Perfect Shape, please contact us by email at info@herperfectshape.com or by regular mail at Perfect Shape, 401 East 11th St. #109 Los Angeles CA 90015 Attention: General Counsel.