Terms of Use

Introduction

This website, located at www.slimbodywellness.com, and any mobile application or platform connected or associated with this website, and any information stored therein as well as any products and services offered through any of the foregoing (collectively, "Website"), are owned and operated by SlimBody Wellness, LLC, a California limited liability company (the "Company," “we,” “us,” or “our”). The Website provides information, education, and other services and products to a user of the Website (“you” or “Customer”). If you are not of legal age to form a binding contract (in many places, this is 18 years old), then you must get your parent or guardian to read these terms, before you use our Website or provide any information to us; in such case, “you” or “Customer” includes (i) the parent or legal guardian who provides consent to the use of the Website by such minor or uses our service and products on behalf of such minor, and (ii) the minor for whom consent is being provided or on whose behalf the services or products are being utilized. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use.

Acceptance of Terms

This Terms of Use document (“Terms of Use” or “Agreement”) is a legal agreement between you and the Company. It states the terms and conditions under which you may access and use the Website and all written and other information and materials displayed, linked to, or otherwise made available through the Website, including, without limitation, text, pictures, graphics, logos, illustrations, audio clips, video clips, computer software and code, as well as information electronically submitted to us via the Website (collectively, the “Website Content”). Your access to and continued use of the Website constitutes your agreement to be bound by these Terms of Use. If you do not accept these terms and conditions, or if you are under the age of thirteen (13), you must not access or use the Website.

When you visit this Website and/or send phone messages, text messages, and/or emails to us, you are communicating with us electronically. As such, you consent to receive communications from us electronically. The Company will communicate with you by telephone, text, email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (including by posting on our Website) satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

The Company may revise or update the Terms of Use at any time without advance notice by posting here and by sending you an email notification to the last email address you provided to us (if any). In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our sending the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Terms of Use. If you do not agree to be bound by all of these terms and conditions, do not use this Website or any service provided by the Company.

Our Services and Your Responsibility

The Site provides a platform for communication between customers and their providers for limited purposes. We also offer information and a means to enable you to obtain in-person consultations and treatment for holistic health & wellness by facilitating the connection between you and nearby holistic health & wellness professionals through the use of the App. SLIMBODY WELLNESS, LLC IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, DOES NOT PROVIDE MEDICAL SERVICES OR TREATMENT, AND IS NOT A HEALTH CARE PROVIDER. THE PROVIDER WITH WHICH YOU ESTABLISH A TREATMENT RELATIONSHIP IS SOLELY RESPONSIBLE FOR PROVIDING YOU WITH SERVICES. WE ONLY ACT AS A TECHNOLOGY PLATFORM TO CONNECT YOU WITH PROVIDERS WHO MAY BE INTERESTED IN PROVIDING YOU WITH SERVICES.

The Site does not provide any medical advice, diagnosis, or treatments. This is the responsibility of your provider. Any health information services, suggestions, or other content on the Services are for informational purposes only. You assume full responsibility for the use of any information obtained through the Services and agree that we’re not responsible or liable for any claim, loss, or damage arising from using that information. If you rely on any information provided by us or on the Services, you do so at your own risk. Site does not guarantee response times for any communications between you and your provider using the Services. The Services are not designed or intended for use in emergency situations. Emergency and urgent questions and situations should be directed immediately by telephone or in-person to qualified professionals (e.g., in the United States, call 911 and/or visit an urgent care center).

To use the Application(s), you first need to sign up. When signing up, you are obligated to provide us with certain information, such as your name, address, date of birth, credit card information and the name of your primary care provider (if you have one). In the future, we may also require users to provide insurance information. Upon successful completion of the sign-up process, we will provide you with a personal account, accessible for you with a password of your choice.

The App is designed to enable you to make appointments holistic health & wellness professionals. The App identifies holistic health and wellness professionals to you, who have agreed to be listed on our App and have engaged us to perform related services. You will be able to select a holistic health & wellness professional who you wish will perform holistic health & wellness services for you including psychotherapy. After your selection, the App then sends a message to the professional you selected that asks the professional whether he or she would like to provide you with the requested services. In the event a health and wellness professional agree to provide you with coaching services, the App schedules those services and bills you on behalf of the health and wellness professional. We make no representation or warranty to you any holistic health & wellness professional will be available to perform holistic health & wellness services.

Eligibility

You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into agreements including this Terms of Use. You are solely responsible for knowing and understanding your local laws concerning standards of content legality. In addition, to use the Website Content, you agree to comply with this Terms of Use and our Privacy Policy. The Company may, in its sole discretion, refuse to accept your registration due to noncompliance with any eligibility requirement.

Customer Privacy

The Company understands the importance of maintaining the privacy of your Personal Information. Please review the Company’s Privacy Policy carefully. This describes how the Personal Information about you may be used and disclosed.

Code of Conduct

You agree not to use the Website Content or any service the Company provides in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes our policies, guidelines, rules or the terms and conditions of this Agreement. This includes but is not limited to the following. You will not post or transmit a message or information under a false identity for the purpose of misleading others or impersonating any entity, including, without limitation, any Company representative; engage in unauthorized use of a credit card; post or transmit information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or abusive to any person; post or transmit information that infringes or violates any of the intellectual property rights of others or the privacy or proprietary rights of others; attempt to disrupt the operation of our business through use of methods, including, but not limited to: viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, spamming or any other similar programs that may damage the operation of another’s computing device or property; upload or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation, commercial or otherwise; use any of our tools and services in any manner that could damage, disable or impair our services or networks; attempt to gain unauthorized access to any user or Customer Accounts, or computer systems or networks, through hacking, password mining or any other means; use any robot, scraper or other automated or manual means to access any aspect of our website or equipment for any purpose; harvest or otherwise collect information about others, including names, addresses, or e-mail addresses; modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Website, or assist any other person or entity in doing so.

Customer Account

You are not obligated to register with us in order to access and use the Website. However, certain services of the Website may be available only to users who have registered with us or certain other persons affiliated with us, who become or may become patients or clients of the Company and have been granted accounts (“Customer Accounts”) with usernames and passwords. You represent and warrant that all required registration information you submit regarding your Customer Account is truthful and accurate, and that you will maintain the accuracy of such information (including email). You may delete your Customer Account at any time, for any reason, by following the instructions on the Website. Company may suspend or terminate your Customer Account in accordance with these Terms of Use.

You are responsible for maintaining the confidentiality of your Customer Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Customer Account or any other breach of security. Company is not liable for any loss or damage arising from your failure to comply with the above requirements regarding your Customer Account.

Use of the App

Subject to your compliance with these Terms, the Site grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. The Site reserves all rights in and to the App not expressly granted to you under these Terms.

Termination

Right to Termination: The Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the Code of Conduct or this Agreement, including, without limitation, the suspension or termination of the Customer's access and/or Customer Account, which may involve deletion of any content you have uploaded in connection with your Customer Account. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for termination of your Customer Account or deletion of any content you uploaded to the Website.

The Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, the Company reserves the right at all times to disclose any information as the Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company's sole discretion. Further, the Company reserves the right at any time, without notice, for any or no reason, to refuse service or access to the Website to anyone, to modify and discontinue any portion or all of the same, and to restrict, suspend and terminate Customers’ access or Customer Accounts. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part or service thereof.

Right to Remedies: You agree that any violation or threatened violation of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Right to Monitor: The Company neither actively monitors general use of this Website under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, or other material created or accessible over or through this Website. However, the Company does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in the Company's sole discretion, may be illegal, may subject the Company to liability, may violate these Terms of Use, or are, in the sole discretion of the Company, inconsistent with the Company's purposes for this Website.

Disclaimers

Nature of Content: The Website Content is educational and informational in nature and is provided only as general information and is not medical advice, opinion, diagnosis, treatment or guarantee. The Website is not intended to create and does not constitute any professional relationship between Company (or any of its officers, directors, trustees, employees, consultants, independent contractors, bloggers, experts, agents, volunteers, affiliates, or agents) and you, and does not create any doctor-patient or any other professional relationship with any of the Company’s independent contractors, experts or agents. The Website is not intended to solicit clients or patients; and should not be relied upon as medical or other professional advice of any kind or nature whatsoever. Even if those providing information via the Website display professional licensure or other credentials in the healing arts, or cite clinical trials or other medical literature, they are limited to providing information and education, and are not providing any clinical service via the Website. The information provided through the Website should not be used for diagnosing or treating a health problem or disease. The information contained in these communications is not comprehensive and does not include all the potential information regarding the subject matter, but rather, is merely intended to serve as one resource for general and educational purposes.

Information Regarding Dietary Supplements, Nutraceuticals, and Herbs: Information and statements regarding dietary supplements, nutraceuticals, and herbs 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 and consult with your health care professionals.

Website Is Not a Medical Provider and Does Not Provide Medical Advice: Any and all content stated or posted on the Website or available through any service or product is not intended to be, and must not be taken to be, the practice of medicine, psychology, chiropractic, or the provision of medical, psychological/mental health, or nutritional care or any other professional healthcare. The information provided on this Website is not a substitute for medical diagnosis, advice, or treatment, or other professional healthcare. If you have or suspect you may have a medical or psychological problem, you should consult your medical doctor or psychologist or appropriate healthcare provider. If you think you have a medical emergency, call 911 immediately. Never disregard or delay medical advice received from your licensed healthcare provider based on information on the Website. Always consult your physician or licensed healthcare provider before seeking any new treatment, or before you alter, suspend, or initiate any change in your medical or psychological treatment, medication or herbal supplement, routine, or procedure.

Testimonials and Endorsements: Consumers generally may not be expected to achieve the same or similar results as others who have used our services and who have subsequently written or recorded video testimonials and endorsements. We post testimonials for informational purposes only; we do not claim that anyone will experience the same or similar results as mentioned in these writings or videos. Nor do we claim that a significant number of consumers may obtain similar results. Results experienced by any one individual who has written a testimonial or endorsement, is not necessarily what any given consumer should expect to experience. Any information that could be regarded as a testimonial or endorsement on the Website does not constitute a guarantee, warranty, or prediction by us regarding the outcome of any past, ongoing, or future conversation or interaction with you.

Feedback: We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Email: The information contained in e-mails and any attachment is confidential and is intended solely for the use of the intended recipient. Access, copying or re-use of the e-mail or any attachment, or any information contained therein, by any other person is not authorized. If you are not the intended recipient please return the e-mail to the sender and delete it from your computer. Although we attempt to sweep e-mail and attachments for viruses, we do not guarantee that either is virus-free and accept no liability for any damage sustained as a result of viruses.

Marketing Text / SMS: The information contained in this message is for general information purposes. The information is provided by the Company and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the information for any purpose. Carrier charges may apply. Terms and Conditions apply.

Errors and Omissions: The Company assumes no responsibility or liability for any errors or omissions in the content of this Website. The information contained in this Website is provided on an “as is” basis with no guarantees of completeness, accuracy, usefulness or timeliness and without any warranties of any kind whatsoever, express or implied.

No Responsibility for Technical Issue: Every effort is made to keep the Website up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.

No Guarantee or Warranty: OUR PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

SLIMBODY WELLNESS MAKES NO WARRANTY THAT YOUR PROVIDER WILL SEE AND/OR RESPOND TO YOUR CUSTOMER CONTENT WITHIN A TIMELY MANNER OR AT ALL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SLIMBODY WELLNESS OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

The Services are solely designed to enable you to obtain consultations and treatment for holistic health & wellness by facilitating the connection between you and nearby providers and providing an online communication platform for use between you and your provider. NOTHING CONTAINED IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. Any information contained in the Services should not be relied upon as the basis of any health-care decision. The Services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH OUR APPLICATION OR WEBSITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, YOU MAY USE THIS APPLICATION TO TRY TO CONTACT A NEARBY QUALIFIED HEALTH CARE PROFESSIONAL. HOWEVER, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 FOR EMERGENCY MEDICAL HELP.

We do not control, supply, warrant or guarantee any information, products, services or merchandise supplied by any of the health care providers that you may connect with via the Services.

We also do not warrant or guarantee that files that may be available for downloading through the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.

We make no warranty that the services or products available on the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. You are solely responsible for all of your communications and interactions with other users of the site and with other persons with whom you communicate or interact as a result of your use of the site, including any services provided to you.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY WARRANTIES RELATING TO OUR PRODUCTS, SERVICES, OR CONTENT, THESE TERMS AND YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, FROM YOUR PURCHASE OF ANY PRODUCTS VIA THE SITE, OR FROM THE USE OF OR INABILITY TO USE THE SITE, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR PRODUCTS PURCHASED VIA THE SITE IN THE LAST TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OF LIABILITY. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SLIMBODY WELLNESS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

We expressly disclaim and all liability concerning any treatment or action by any person following the information offered or provided within or through the Website or through us or through anyone using the Website or trained by us. We are not liable for any unfair business practices by third parties.

We have used reasonable efforts in collecting, preparing, and providing quality information and material but make no guarantee about the accuracy, completely, or adequacy of the Website Content. The Website is provided on an “as is” and “as available” basis. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations of any kind, whether express or implied, or statutory, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. If you are dissatisfied or harmed by anything relating to the Website, you may leave the Website and this will be your sole and exclusive remedy. We (and our suppliers) make no warranty that the Website will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties regarding the Website, we limit all such warranties to thirty (30) days from the date of first use. Some jurisdictions do not allow exclusion of implied warranties or limitations on their duration so the foregoing sentence may not apply to use.

We do not guarantee that any person’s use of the Website is the appropriate course of treatment for any individual’s particular health care problem. Communications on or through the Website do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections.

Limitation of Liability

We are not liable to you or any third party for any damages (including, without limitation, direct, indirect, incidental, special, consequential, exemplary, incidental, special, or punitive damages, personal injury/wrongful death, lost profits, good will, use data or other intangible losses (whether or not we have been advised of the possibility of such damages)) or damages arising from or relating to these Terms of Use or use or inability to use the Website (including damages resulting from lost data or business interruption), even if we have been advised of the possibility of such damages, whether resulting from: (i) the use of or inability to use the Website, whether based on warranty, contract, tort, or any other legal theory, (ii) any delay, failure, interruption or corruption of our web site or any data or information transmitted in connection with the use of this Website, (iii) personal injury or death caused by your use or misuse of the Website, (iv) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our Website, (v) unauthorized access to or alteration of your transmissions or data, (vi) statements or conduct of any third party on our web site, or, (vii) any other matter relating to the Website. You acknowledge that this paragraph shall apply to all content, products and services (if applicable) available through the Website. Your access to, and use of, the Website is at your own risk and you are solely responsible for any damage to your computer, device, system, or data. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.

Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product or service purchased by you from us through the Website or through any other website or source; provided, that any claims arising out of or in connection with your use of the Website must be brought within one (1) year since the event giving rise to such action occurred. You understand and agree that your use of the Website is predicated upon your waiver of any right to participate in a class action suit for any losses or damages resulting from your use of the Website.

Assumption of Risks; Indemnification

You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable to us or you), relating to your access to and activities with respect to the Website and Website Content, or relating to any activity, information, or service, provided by us or any of our agents or employees or agents. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the Website or Website Content or use therein.

By viewing the Website you agree to fully release, indemnify, and hold harmless, including costs and attorneys’ fees, Company from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, arising at any time out of or in relation to: (a) your use of or reliance on the information presented on the Website; (b) your violation of these Terms of Use or of applicable laws or regulations; or (c) any content you uploaded to the Website. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Company's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, program, other owned or controlled by Company, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Company website, property, product, program, other content or any and all activities or actions related thereto. By accessing this Website, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. In accordance with such waiver, if you are a California resident, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Intellectual Property

Copyright: Except as otherwise expressly stated, all Website Content is the copyrighted work of the Company or its third-party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Website Content is also the exclusive property of the Company and is protected by U.S. and international copyright laws.

You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information or Website Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of the Company or any applicable third-party suppliers. The use of Website Content by you is prohibited unless specifically permitted by the Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is other inappropriate (in Company's sole discretion). The Company reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with this Company Website or this Terms of Use. Any unauthorized use terminates the permission or license granted to you by the Company to use the Website.

The Company does not warrant or represent that your use of Website Content or any other materials displayed on this Website will not infringe rights of third parties. Your use of any of the Website Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided Website Content. The Company is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless the Company from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Use.

If you believe that any Website Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at [email protected] with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint. Specifically, you will be asked to provide the Company's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We have a policy of terminating the Customer Accounts of Customers who (in our reasonable discretion) are violators of infringement. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Trademarks and Service Marks: Certain trademarks on the Website are the service marks and trademarks of the Company, the Practitioners, or other licensees of the Company. The domain name for this Website, all page headers, graphics, and button icons are service marks, trademarks, logos, and/or trade dress of the Company. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of the Company.

Ownership of information submitted via this Website: While Personal Information (as defined in our Privacy Policy) which you submit will be maintained in accordance with our Privacy Policy, any information you transmit to the Company via this Website, whether by direct entry, submission, e-mail or otherwise, including text messaging (each and collectively, “Transmitted Information”), will be treated as non-confidential and non-proprietary to you and will become the sole property of the Company. In addition, as Company property, to the extent allowed by law such information may be used by Company for any purpose, including, without limitation, reproduction, solicitations, disclosure, publication, and posting (“Outbound Communications”); however, Company will make every effort to de-identify any information relating to your health or health concerns, including, by not disclosing your name or email with regard to any such Outbound Communications. If you wish to create additional safeguards to protect your Transmitted Information, then do not disclose your name or any identifying information when you correspond with us or our agents and consultants, as the case may be, via the Website. Company shall be free to use any ideas, concepts, or techniques contained in any communication you send to the Company via this Website or by any other means (including Transmitted Information) for any purpose whatsoever, including, without limitation, developing and marketing products using such information. Because Company owns the Transmitted Information, Company has no obligation to Customer or any third party to provide a record of Transmitted Information to either party upon request. Company is not responsible for any information or content submitted by other users; you agree that any interaction between you and other users of the Website are solely between and that Company is not responsible for any loss, damage, or dispute between you.

Fair Use Disclaimer: This Website may contain copyrighted material owned by a third party, the use of which has not always been specifically authorized by the copyright owner. The material contained on this Website is for general information and educational purposes only. Fair use is a doctrine that allows limited use of copyrighted material without requiring permission from the right holders, such as news reporting, teaching etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for under the applicable laws for copyright. We do not support any actions in which materials on this site are used for the purposes that extend beyond fair use. If you wish to use the copyrighted material / information from this site for the purpose of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner. If you believe that any content / material on this site violates your intellectual property rights, please notify us by email at [email protected].

Third Party Consent

No Statement as to Accuracy: The Company has no editorial control or responsibility over the content included in the Website provided by third-party content providers. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or Customers on this Website are those of such third-party suppliers or Customers, respectively. The Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party.

Links to Third Party Websites: This Website may contain hyperlinks to other sites owned and operated by parties other than the Company. Such hyperlinks are provided only for ready reference and ease of use. We do not control such sites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Website provides hyperlinks to other sites that are not owned, operated or maintained by the Company, you acknowledge and agree that the Company is not responsible for and is not liable for the content, products, or services on or available from such sites. We accept no liability for any information, products, promotions, advertisements, or services accessible through these third-party sites or for any action you may take as a result of linking to any such website. Your reliance on such information is solely at your own risk. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. The Company is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. The Company shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. The Company is not responsible for the privacy practices of any other websites.

No Responsibility for Third-Party Content

The Company takes no responsibility or liability for the content provided by any third party or any use made of such content rate by the user, whether or not arising from the negligence of any of the third-party providers.

Product and Service Descriptions

We have taken reasonable precautions to ensure that all product and service descriptions, prices, and other Content on the Website are correct and fairly described. By placing an order on this Site, you are making an offer to SlimBody Wellness, LLC. Our acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right to not accept the offer if there has been a material error in the description of the product and service, or if the price advertised is incorrect. All prices are displayed in United States Dollars unless expressly indicated otherwise.

Online Purchases

If you wish to purchase any product or service made available through the Website (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant SlimBody Wellness the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All purchases of physical items from SlimBody Wellness are made pursuant to a shipment contract. This means that the risk of loss and title of such items pass to you upon our delivery to the carrier.

All descriptions, images, references, features, Content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar any User from making or completing any or all Transaction(s); and (iii) refuse to provide any User with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Order and Payment Information

If you use the Website or other means to purchase a product or service, payment must be received by SlimBody Wellness prior to our acceptance of an order, unless otherwise agreed to by us in advance. All of our products are subject to sales tax, which will be applied to your order total. We may need to verify information you provide before we accept an order and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, we will refund you any payment made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. We expressly condition acceptance of your order on your agreement to these Terms.

We will add applicable shipping and handling fees to your charges, as stated in your order. We reserve the right to reject orders where the stated delivery address is outside the United States.

The rates that apply for the in-person services provided by the provider can be found on our website and through the App. These may be modified or updated from time to time. It is your own responsibility to remain informed about the current rates for the services made available through the App. The Site shall, on behalf of the provider, charge you for the services provided to you by that provider. You agree that you will pay for all services you receive from the provider, and that the Site may charge your credit card account, as provided by you when registering for the Services, for the services including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing the Site with a valid credit card account for payment of all fees at all times. Any payment made may be non-refundable.

We use a third-party payment processor (the “Payment Processor”) to link us to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the App will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor or your credit card issuer. In connection with your use of the Services (and specifically in connection with your scheduling of a telephonic or in-person consultation with a health care professional), the Site will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy.

At present, we do not process any insurance claims, nor will the providers process claims on your behalf. Although the consultations/treatments you receive from providers through the App may or may not be covered by your insurance, it is solely up to you to contact your health plan, determine whether coverage applies and submit a claim. You are responsible for the full fee (and for paying the fee in advance) regardless of whether you later are able to receive reimbursement from your health plan for part or all of the cost.

Referral Program

Under the Referral Program, the gift card, discounts, and credits are not redeemable for cash. The gift card, discounts, and credits can be combined with promotions and may be used for treatments/procedures and in office product purchase. If the gift card is lost, stolen, destroyed, or used without permission, a replacement will not be provided in these circumstances.

Anti-Diversion

We are not responsible for any injury or damage that may result from the purchase of products through distributors or retailers who are not authorized distributors or retailers of our products. We are not responsible for any injury or damage that may result from products purchased past their expiration date or those that have been altered or discontinued.

Disclosures

Views / Opinions Expressed: The views and opinions expressed on this Website are those of the authors and do not necessarily reflect the official policy or position of the Company.

Advertising Disclosure: This Website may contain third party advertisements. NEITHER THE APPEARANCE OF THE ADVERTISEMENT ON THE SITE, NOR REFERENCE TO A PRODUCT AND/ OR SERVICE WITHIN THE SAME, CONSTITUTES A GUARANTEE, ENDORSEMENT OR RECOMMENDATION BY THE COMPANY OF THE QUALITY OR VALUE OF SUCH PRODUCT AND / OR SERVICE. We assume no responsibility or liability for the content provided by any third-party advertiser for inclusion on the Website. We are not responsible for the illegality or any error, omission, inaccuracy or problem in the advertiser’s content. Advertising does not influence any of our content on the Website. We reserve the right to refuse, reject, or cancel any advertisement for any reason at any time without liability.

Affiliate Disclosures: The Company is a participant in various Affiliate Programs (the "Affiliate Program") and engages in the Affiliate Program via the Company’s Website. As a part of the Affiliate Program, the Website includes affiliate links to their Affiliate Program website (“Affiliate Link”). If you click and make a purchase through the Affiliate Link placed on the Website, our Company receives a referral commission at no additional cost to you. A cookie will be placed on your browser to track any sale through the Affiliate Link for the purpose of assigning the said referral commission to the sale. Our Company’s participation in the Affiliate Program does not influence the products, service and/or websites shared with you on the Website. While we make every effort to ensure that we accurately represent all the products and services reviewed on this Website and their potential for income, it should be noted that earnings and income statements made by the Company and its advertisers / sponsors are estimates only of what we think you can possibly earn. There is no guarantee that you will make these levels of income and you accept the risk that the earnings and income statements differ by individual. As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation. There is no assurance that examples of past earnings can be duplicated in the future. We cannot guarantee your future results and/or success. There are some unknown risks in business and on the internet that we cannot foresee which could reduce results you experience. We are not responsible for your actions. The use of our information, products and services should be based on your own due diligence and you agree that the Company and the advertisers / sponsors of this Website are not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services reviewed or advertised on this Website.

Earnings Disclaimer: The Company is dedicated to helping people achieve their self-education, health, and wellness goals by providing quality health and wellness educational programs. This Website and the information it distributes contain business strategies, marketing methods and other business advice that, regardless of the Company's or the Presenter's own results and experience, may not produce the same results (or any results) for you. Income claims are not a guarantee of result. By reading this Website or the documents it offers, the Company makes absolutely no guarantee, expressed or implied, that by following the advice or content available from this Website or training material, that you will make any money or improve current profits, as there are several factors and variables that come into play regarding any given business. Primarily, results will depend on the nature of the product or business model, the conditions of the marketplace, the experience of the individual, and situations and elements that are beyond your control. Success in undertaking comes as a result of hard work and persistence. Most people who buy coaching and mentoring programs and courses about making money do not achieve anything. As with any business endeavor, you assume all risk related to investment and money based on your own discretion and at your own potential expense. In summary, you understand that we make absolutely no guarantees regarding income as a result of applying this information as well as the fact that you assume all risks associated with using the advice given, with a full understanding that you are solely responsible for the results of any action taken on your part as a result of any given information and regardless of your interpretation of the advice. You further agree that our Company cannot be held responsible in any way for the success or failure of your business as a result of the information provided by our Company. It is your responsibility to conduct your own due diligence regarding the safe and successful operation of your business if you intend to apply any of our information in any way to your business operations. In addition, for all intents and purposes you agree that our content is to be considered "for general information and entertainment purposes only." Always seek the advice of a professional when making financial, tax or business decisions.

Miscellaneous Terms

CAN-SPAM ACT Compliance: We are committed to being compliant with the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003" ("CAN-SPAM Act"), and email newsletters and correspondence received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an email from us that you do not believe is fully compliant with the CAN-SPAM Act, please contact us immediately at [email protected]. You can click to unsubscribe or opt-out of email communications from Company at any time or reply by typing "unsubscribe" in e-mails you receive from us. It is important to note that you cannot opt-out from receiving all communications from us if you wish to subscribe to our service. If you opt-out or unsubscribe from all email from the Company while remaining a registered user or Customer, you will become ineligible for receipt of and use of our services.

Export: You agree that our services are subject to U.S. export controls and agree that you will comply with the same and represent that you are neither located in a sanctioned country nor a prohibited person. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

Entire Agreement: This Terms of Use constitutes the sole Agreement between you and the Company relating to your use of the Website Content, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or the Company.

Severability: We both agree that if we cannot enforce a part of these Terms of Use as written due to a conflict with state or federal law, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions.

No Assignment: You may not assign, transfer or delegate your rights or obligations within these Terms of Use in whole or in part without our prior written consent. We may freely transfer, assign or delegate all or any part of these Terms of Use, and any rights and duties hereunder or there under. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. These Terms of Use shall be binding upon and inure to the benefit of each of the parties, their heirs, successors and permitted assignees of the parties.

No Waiver: Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No waiver by the Company of any right under this Terms of Use Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Jurisdiction: The Terms of Use are governed by and construed in accordance with the laws of the State of California, USA and controlling United States Federal Law without regard to any conflicts of law provisions.

Arbitration: Subject to the provisions of this Terms of Use, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration that will be conducted in Orange County, California as provided below. This agreement contains an arbitration provision to resolve disputes. No class or representative court action or jury trial is permitted. Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination and means that there shall not be a jury and that the rules of the proceeding will be conducted in accordance with established arbitration rules of the American Arbitration Association (“AAA”). In order to resolve a dispute with as minimum expense and maximum satisfaction as possible, we recommend contacting us first to resolve any dispute in as easy a fashion as possible, but you are permitted to proceed directly to arbitration, provided that before initiating arbitration, you first send notice to the Company to [email protected]. Any dispute must be initiated with an AAA arbitrator in or around Orange County, California within one year of occurrence or to the maximum extent permitted by law. Any dispute that arises may only be resolved through an individual arbitration, and shall not be brought as a class action, a class arbitration, or any other proceeding where a person serves as the representative of any other person or persons. You agree that there is no right to a jury trial, and this provision will be governed both substantively and procedurally by the AAA to the maximum extent permitted by law. The selected arbitrator is without jurisdiction to conduct a class arbitration or other representative proceeding and may not consolidate one person’s claims with another. Both parties must keep the dispute confidential, to the maximum extent permitted by law. As in the rest of this Terms of Use, if one part of this arbitration agreement is found to be invalid, the invalid provision shall be severed from the rest of this arbitration clause and agreement and the rest of this clause and agreement shall be valid.

General: The performance of Company hereunder is subject to interruption and delay due to causes beyond its reasonable control including acts of God, acts of government, war, civil disorder, fire, power failure, equipment failure, labor dispute, inability to obtain necessary supplies, and the like. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by Company. Company's waiver of any right shall not constitute a waiver of that or any other right in the future.

Survival: Notwithstanding any provision in this Agreement to the contrary, the following provisions shall survive termination or expiration of the Agreement: Disclaimer; Limitation of Liability; Assumption of Risks; Indemnification; Intellectual Property; Third-Party Content; Miscellaneous Terms.

Contact Us: If you have any questions or concerns about these Terms of Use, please contact us at [email protected] or the mailing address provided: 3225 Mcleod Dr, Suite 100, Las Vegas, NV 89121. We will attempt to respond to your questions or concerns promptly.

Acknowledgement

These Terms constitute the entire and exclusive understanding and agreement between SlimBody Wellness and you regarding the Site, Content, products, and services that may be provided on the Website, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and SlimBody Wellness regarding the Content, products, or services provided on the Website. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and SlimBody Wellness, and you do not have any authority to create any obligation on our behalf.

BY USING THE COMPANY'S SERVICES OR ACCESSING THE COMPANY WEBSITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Revision Date

This Terms of Use was last updated on 13 June 2024 ("Revision Date").

We may, at any time and without liability, modify or discontinue all or part of the Products and Services; charge, modify or waive any fees or charges required to use the Products and Services; or change the Terms of Use for some or all of our users. If you were a User before the Revision Date, it replaces your existing agreement with the Company.

Terms of Use

Weight Loss

For Everyone

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