PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS USING OUR WEBSITE AND PURCHASING PRODUCTS FROM SO SHAPE.

Preamble:

These terms and conditions shall govern your ("you", "user", "Buyer", Purchaser, and/or "Customer") use of our website available at https://us.soshape.com ("Web Site") and your purchase of the SO SHAPE dietary food products ("Products") from us, SO SHAPE INC., a Delaware Corporation with an address at Ready Spaces Unit F14, 2900 NW 112th Avenue, 33172 Doral, FL ("SO SHAPE", "we", "us", or "our"); by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least 21 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 21 years of age.

Preliminary Disclaimer and Release: Weight Loss Results may vary from person to person based upon many factors, including existing physical conditions, medical history and adhering to a program. SO SHAPE INC. is a distribution company only and offers no medical advice. We are not and do not profess to be medical doctors. All advice which may be offered from time to time as part of our advertising is merely recommendations of third-party professionals. Information provided has not been reviewed by the Food & Drug Administration and is not intended to replace or circumvent the advice of your personal physician or health care professional. No claim or opinion is intended to be, or should be construed to be, medical advice or a substitute for professional medical advice. No intent to diagnose, treat, cure or preventing of pre-existing conditions, or disease is implied or intended. We make no claims about specific products and any information contained herein is personal opinion only and should not be construed as medical advice in any way. You should always speak with a health care professional before taking or using any dietary, nutritional, weight loss, supplement or any other product. We recommend you visit your doctor and discuss your health needs before beginning any diet or nutritional program. By purchasing/receiving products, services and or advice, you release SO SHAPE INC., it affiliates, owners, officers and employees/personnel, including the end manufacturer, of all liability whatsoever.

SO SHAPE also strongly advise you to read the dietary information and instructions as set forth on our Website for each Product you wish to order. SO SHAPE disclaims any responsibility whatsoever regarding possible allergic reaction to our Products.  SOSHAPE ensures that all Products labels and advertisements comply with US laws and regulations, but we are reminding our customers at all time that: Meal substitute Products are meant to replace meals for a diet that has to be limited in time as they do not in themselves guarantee a balanced diet overtime. Balance and physical wellbeing can only be obtained through physical exercise and a varied and balanced food intake. We encourage our consumers to drink adequate quantities of water daily, not overeat and to keep their sugar and fat intake at a minimum.

YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT ONCE AGAIN USE THIS WEB SITE OR PROCEED WITH YOUR ORDER.

1) Products, Content and Specifications.

All features, content, specifications, products and prices of products and services described or depicted on this Web site, us.soshape.com (this "Web Site"), are subject to change at any time without notice. Certain products descriptions are approximate and are provided for convenience purposes only. SO SHAPE INC ("SO SHAPE", "we" or "us") and its affiliates and service suppliers which operate this Web Site pursuant to agreements with SO SHAPE, make all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

2) Ordering and Shipping.

Subject to our reservation of title hereunder, and subject further to our damaged and/or defective product policy, all of the SO SHAPE Sales shall be Final upon Customer receipt of a confirmation of order.

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. You may return or exchange a product or service purchased from this Web Site in accordance with our Return and Exchange Policy found in these terms and conditions. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law.

So Shape Order Process is as follows:

• Placing an order: To place an order, the Buyer must select the Products he/she has chosen and add them to the basket. The Buyer can access the shopping list at any time until the order is confirmed and may correct any possible mistake on the list of items. To order, the Buyer is asked to provide his/her contact details for arranging shipping, deliveries and invoicing purposes. Buyer must provide any information marked as mandatory on the online order form. Any order for which any mandatory information is missing will not be processed. Buyer represents and warrants that all the information provided in the order form is true, accurate, up-to-date and is in no way misleading. Buyer is duly informed and accepts that said information constitutes proof of identity and is binding upon the confirmation of the order.
  
  
• Creating an account: As more fully described in Section 5 hereunder, upon completing the order, Buyer is offered the possibility to create an account with SO SHAPE (“Account“), which will enable Buyer to later have access to a pre-filled form with his/her information already provided
  
  
• Order confirmation: Upon completing the order, Buyer receives an order confirmation email.

Buyer must make sure that the contact details provided upon placing the order or updating the Account are accurate and that they allow the Buyer to receive the confirmation email for that order. Should the Buyer not receive the confirmation email, Buyer should contact the Company using the contact information provided herein or on our Web Site. Buyer is strongly advised to keep the information provided in the order confirmation. The order and its conformation are deemed to have been received as soon as the parties to whom they are addressed have access to them.

We will ship by the method we deem most appropriate using standard commercial packaging. Customer agrees to pay all transportation charges and costs associated with shipment of the Products, including any special or export packaging requested or required under the circumstances, as determined by So Shape.

3) Sales & Use Tax

SO SHAPE INC. is only considered as having a sales tax nexus in Florida. Therefore, in all other States, So Shape Inc. is not considered as having a sales tax nexus in the purchaser’s or user’s State and is therefore not required to collect and remit sales tax on the sale related to this invoice. Certain consumers are required to file a sale and use tax return remitting any unpaid taxes. Please refer to your tax advisor and to the regulations of the State where the property or services are used, consumed, distributed, or stored to determine if you are required to file such returns.

4) Accuracy of Information.

SO SHAPE attempts to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

5) Price, Fees and Terms of Payment / Retention of Title / Discount Policy.

For all charges or deposits for any Products ordered by you on or through the Web Site, SO SHAPE or its affiliates, vendors or agents will bill your bank card or alternative payment method offered by SO SHAPE and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse SO SHAPE and/or its affiliates and its vendors or agents for all expenses incurred to recover any sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Web Site. You understand that we may be obligated to hold and safely store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes. Prices displayed on our Web Site do not include Sales Taxes or Delivery/Shipping Fees. Said Applicable Sales Taxes and Shipping Fees shall be added to the price of the purchased Products and properly displayed before the Buyer confirms the order.

So Shape shall be entitled to suspend or cancel any pending or ongoing order and/or delivery in the event a Buyer fails to pay any outstanding amount, if there is an incident upon paying or in the event of fraud or any attempt thereof. So Shape reserves the right to apply penalty fees equal to one and a half (1.5) times the highest interest rate apply as of right to the outstanding amount immediately after the refusal of the bank payment was notified. Past-due invoices may be subject to a monthly charge equal to the higher of one percent interest (1.50%) per month, or the highest rate of interest permitted by law, at the option of SO SHAPE, with a minimum penalty of $25.00. All overdue accounts are also subject to collection charges, including without limitation, attorney’s fees and court costs. As the case may be, any applicable discounts provided by So Shape may also be automatically suspended or canceled.

Retention of title: The risk in the Products shall pass to you on completion of delivery, which means our remittance of the Products to the carrier.  Title to the Products shall not pass until we have received payment in full in cleared funds.

Discount Policy / Discounts codes: We may offer from time to time, promotional discount codes that may apply to some Products on our Web Site. Only those official Discount codes or coupons found on our Web Site shall be recognized by So Shape. A Discount code cannot be used after the fact once an order has been placed. Discount codes are subject to their validity period. So Shape is entitled to cancel, modify or suspend any such Discount code, at any time and without notice. Discount codes are non-transferable and cannot be exchanged for money. If a prospective client receives a Discount code, then only he/she can use said code on his/her So Shape Account for which the code was issued. Such Personal Discount code must not be disclosed to third party customers and must only be used for the prospective client’s own orders on the Web Site.

6) Account Registration and Security.

You understand that you may need to create an account to place orders and to have access to all of the parts of the Web Site. In order to use those restricted portions of the Web Site, you will: (a) provide true, accurate, current and complete information about yourself and/or your business, as the case may be, as prompted by the Web Site's registration or subscription page (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SO SHAPE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SO SHAPE has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Web Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Web Site. We have the right to provide user billing, account, content, purchase or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.

7) Use of this Web Site.

The design of this Web Site and all text, graphics, images, video, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with our prior written permission. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You will not remove any copyright, trademark or other proprietary notices from material found on the Web Site.

8) Trademarks.

Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of SO SHAPE and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of SO SHAPE or such other owner.

9) Linking to this Web Site.

Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.

10) Third Party Links.

From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by SO SHAPE or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.

11) Inappropriate Material.

You are prohibited from posting on this Website or any associated social media page (now existing and thereafter in existence) or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

12) User Content.

Other than personally identifiable information, which is subject to this Web Site's Privacy Statement, any material, information, videos, pictures, suggestions, ideas, concepts, know-how, techniques, questions, comments, reviews or other communications, photos, videos, or other content you transmit or post to this Web Site in any manner or publish through any related SO SHAPE social media account (e.g., Twitter, Instagram, Pinterest, Facebook) to SO SHAPE or that you allow SO SHAPE to feature, including your name (as identified in your social publications), social media handle, accompanying text, photos and images ("User Content") is and will be considered non-confidential and non-proprietary. Personally identifiable information that you voluntarily post on any part of this Web Site or on social media that is viewable by the public (e.g., in the Customer Reviews section) is not subject to this Web Site's Privacy Statement and is considered User Content. Further, we are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. We and our respective affiliates, including but not limited to So Shape Inc, and our or their designees may use any or all User Content for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, advertising, promotion and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Content. We will have no obligation to use, return, review, or respond to any User Content. We will have no liability related to the User Content submitted by you, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Content that includes any material we deem inappropriate or unacceptable. You agree that that all User Content submitted by you is truthful, that it will not violate or facilitate the violation of any law or regulation, that you have obtained the consent of anyone (other than yourself) appearing in any User Content, that any User Content submitted by you will not contain, or provide links to, obscene, profane, or threatening language or imagery, malware, political campaigning, commercial solicitation, chain letters, mass mailings, “spam”, or any other material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading, and that such User Content will not infringe on or violate the rights of any person or entity, including copyright, trademark, patent, privacy or publicity rights. By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Content, whether solicited or unsolicited, you agree that you are granting us and our respective affiliates and our or their designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, copy, modify, adapt, translate, create derivative works from, sell, distribute and otherwise use such User Content for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated, without any compensation to you. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

13) Defective or Damaged products / Return and Exchange Policy.

In the unlikely event you receive a defective or damaged item or Product from us, contact SO SHAPE Customer Service within 10 days of delivery at hello@soshape.com. Please provide us with your order number and item number from your original confirmation e-mail. A SO SHAPE Representative will also need your e-mail address and phone number. SO SHAPE will make every reasonable effort to replace the defective or damaged item in a timely manner. We will cover shipping charges if there was damage to the item due to shipping. At the option of SO SHAPE, some Products might not be replaced and SO SHAPE may decide to simply proceed a refund to you, subject to your return of the damaged or defective Product.

SO SHAPE Return Procedure is as follows: Pack the item securely in the original package, if possible; please include your order number, billing name, and address with the item; all products must be returned, unused, in good condition, in original packaging (whenever possible), and with all paperwork and accessories to ensure full credit; all return shipping charges must be prepaid (So Shape will not accept C.O.D. deliveries). Ship the return package to:

READY SPACES Unit F14
SO SHAPE INC - Return Department
2900 NW 112th Avenue
DORAL, 33172

Keep the Return Tracking Number from the package you are returning to ensure that the package is returned to us. You can expect a refund in the same form of payment originally used for purchase within 30 days of our receiving your returned product. You will be refunded the shipping cost if the return is a result of a manufacturer error or a shipping error on our part.

14) Contests, Promotions.

From time to time SO SHAPE may offer contests and Promotions. Additional terms and conditions will apply to your participation in each such contest and promotion.

15) Affiliate Program.

REGULATIONS FOR BRAND USAGE

Participating affiliate-partners must assure that the used websites do not contain deceptive advertising or violate applicable law.

Participating affiliate-partners must provide a valid and up to date imprint on their websites.

The content of all us.soshape.com texts are subject to copyright and trademark protection. Affiliates may not directly or indirectly bet on the brand "So Shape" or on similar or derived words.

It is not allowed to establish a portal created by using So Shape related search terms.

The use of masked or encoded URLs is not allowed. 

A navigation through a back button in the search engine must be assured. Canceled orders will not be handled as legally valid. 

Special offers and promotion codes need to be shared via the Affiliate program. Promotions from other So Shape channels won’t be accepted.

WEBSITE RESTRICTIONS

You are prohibited from the actions below.

Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.

Violate any applicable law, rule or regulation.

Contain any content that is threatening, harassing, defamatory, obscene, racist, harmful to minors, or contains nudity, pornography or sexually explicit materials.

Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.

Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons.

Keep up any website pages, creative, banners, ads, logos, or content related to So Shape when we request you to remove it for any reason we deem necessary for our business and brand; if the requested items mentioned above are not removed within 7 days, you will be required to pay So Shape however much this costs So Shape as determined by So Shape.

LINKING TO OUR WEBSITE

You will only use linking code obtained from the affiliate interface without manipulation.

All domains that use your affiliate link must be listed in your affiliate profile.

Your website will not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our website in any manner.

You may not engage in cookie stuffing or include pop-ups, pop-unders, or any false or misleading links on your website or app. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).

Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.

PAID SEARCH

We don't allow paid searches through search engines.  

DEAL/COUPON & LOYALTY GUIDELINES

You must adhere to our Coupon & Loyalty Guidelines as follows:

You may ONLY advertise coupon codes that are provided to you through the affiliate program.

Coupons must be displayed in their entirety with the full offer, valid expiration date and code with no obfuscation, “click to reveal” or other method of hiding the code in order to incentivize and/or force the user to click.

You may NOT advertise coupon codes obtained from any non-affiliate marketing channel, including coupon codes from our email, paid search or any other non-affiliate advertising campaigns.

You MUST honor our request to remove any site pages or content featuring So Shape we deem as not aligned with our brand or for any reason we deem as unjustified; if the requested items mentioned above are not removed within 7 days.

INFLUENCER GUIDELINES

Once an Influencer has been onboarded, So Shape may work with Influencers on both organic campaigns (including social media blasts, content posts, newsletters, and other agreed upon creative campaigns) and also whitelisting campaigns (running paid social advertisement through the Influencer’s account). So Shape has all rights to Influencer creative content produced for So Shape after a campaign ends. To the extent any rights do not legally transfer to So Shape, Influencer will provide So Shape with a perpetual, non-revocable, worldwide, fully-paid up license to the creative works for So Shape’s use.

SUB-AFFILIATE NETWORKS

Promoting So Shape through a sub-affiliate network is not currently permitted. However, if an exception is made, you must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the So Shape program adhere to our program Terms & Conditions. This includes foregoing restrictions on advertising through toolbars, browser extensions, trademark bidding, mobile gaming/rewards, digital currency, incent sub-publishers, syndicating our ads through other networks, and through any paid placements such as a pay-per-click campaigns. Sub-affiliate networks must also receive approval from So Shape prior to allowing any type of deal, coupon or loyalty sub-affiliate to promote the So Shape program. Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our program terms.

All subIDs & screenshots of placements required to be sent to So Shape for formal approval

Referring URLs must be passed back to So Shape (i.e. not masked)

No resyndication of So Shape is allowed

No traffic from loyalty incents, coupon/deal sites, push notifications, SMS or search allowed.

Only approved traffic channels for subnetworks are Content, Display & 1st Party Newsletter.

16) Disclaimers.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER SO SHAPE NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER SO SHAPE NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR OF PRODUCT PACKAGING, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY RECOMMENDED USE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL STATE LAWS FOR ANY SUCH PROHIBITIONS.

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST SO SHAPE, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE ARISING OUT OF, OR IN CONJUNCTION WITH YOUR USE OF THE WEB SITE.

17) Limitations of Liability.

Neither SO SHAPE nor its affiliates nor suppliers assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL SO SHAPE, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL STATE LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

18) Governing Law and Jurisdiction.

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida without regards to its conflict of laws provisions. Any dispute between the parties concerning these terms and conditions and any related Order shall be brought in the competent courts of Miami, Dade County, in the State of Florida, and Customer consents to such courts having personal jurisdiction and that venue is proper in such courts.

19) Termination.

You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.

20) Health Related Information.

You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site by healthcare or nutrition professionals employed by or contracting with SO SHAPE) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.

21) Indemnity.

You agree to indemnify and hold SO SHAPE and our parents, including So Shape Inc, our affiliates, and subsidiaries, owners, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Web Site, your connection to our Web Site, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.

22) Domestic Use / Export Restriction.

We control US access of our US Web Site from our offices within the United States of America. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable.

23) Access and Interference.

You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.

24) Right to Takedown Content.

SO SHAPE shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Web Site at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms and Conditions access to the Web Site or any part thereof.

25) Data protection and Privacy Policy.

We shall process your personal information in accordance with applicable law and regulation and shall take all reasonable steps to ensure that the details of your Order and payment are secure, but safe for our gross negligence or willful misconduct, we shall not be liable for any unauthorized access to information supplied by you. We shall only use your personal information for the purpose of fulfilling your Order and improving our services to you by way of targeted communication, unless you agree otherwise. We would like to notify you of Products and offers that may be of interest to you from time to time. To be added to our marketing database, you can either opt in at checkout at the time of your Order or account creation or you can independently subscribe to our newsletter by using the sign-up form which can be found on our Web Site. You can opt out, correct any information about you, or ask for information about you to be deleted, by giving written notice to us at the address or email address shown on our Web Site (or by using any “unsubscribe” link or option when you receive our emails).

We believe that personal privacy issues are important, so we developed a Privacy Policy to explain how we collect, use and disclose information and content. The Privacy Policy forms part of our agreement with you and is incorporated in these Terms and Conditions of Sale by reference. For full details, please refer to our Privacy Policy located on our Web Site.

26) General.

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. 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 Web Site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

27) Additional Assistance.

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at hello@soshape.com

28) Entire Agreement.

These Terms and Conditions, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between SO SHAPE and you relating to the subject matter hereof and supersedes any prior versions of these Terms and Conditions as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.

29) Revisions to these Terms and Conditions.

These Terms and Conditions may be revised at any time and from time to time by SO SHAPE. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.