Legal Terms and Conditions
IF YOU LIVE IN THE UNITED STATES
- Your Acceptance of these Legal Terms and Conditions; Restrictions on Use
These Legal Terms and Conditions of Use (the “Terms and Conditions”) set forth herein are legally binding terms and restrictions on your use of the Shaped By Sherri website and all of the content, applications, products and services offered from time to time by, on or through the Shaped By Sherri website (collectively the website and all of its content, applications, products and services offered from time to time, including any content, materials, products or services which are delivered to you via email or other form of delivery, are referred to herein as the “Website”).
By ACCESSING, VISITING AND/OR using the Website, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Use, access and/or visiting of the Website is void where prohibited by law. By using, accessing and/or visiting the Website, you are representing and warranting to Shapedbysherri.com and its owner and operator Shaped By Sherri, LLC (“Shaped By Sherri ”), that you are 13 years of age or older and if you are under the age of 18 that you are an emancipated minor, or possess legal parental or guardian consent and that you are fully able and competent to enter into and abide by these Terms and Conditions. IF YOU ARE UNDER THE AGE OF 13 DO NOT USE AND/OR VISIT THE WEBSITE OR USE ITS PRODUCTS, SERVICES OR CONTENT.
- Your Limited License to Use the Website
Shaped By Sherri grants to you a revocable, non-exclusive, non-transferable, non-sublicensable license to use the Website in accordance with these Terms and Conditions. You may only use the Website for the permitted uses described herein. All other rights in and to the Website, including, without limitation, all copyright, trademark, service mark and other intellectual property rights, including any goodwill associated therewith, are retained by Shaped By Sherri and its affiliates and licensors.
Upon payment of the appropriate fees as charged by Shaped By Sherri for its products and services from time to time, Shaped By Sherri grants to you a revocable, non-exclusive, non-transferable, non-sublicensable license to use the products and services offered from time to time at its Website or delivered to you via email or other form of delivery (collectively the “Products”) for your use in accordance with these Terms and Conditions.
- Your Responsibility for Account
In the event you register and create and account, you acknowledge and agree that you will be responsible for each and every access or use of the Website or Products with your account, and that Shaped By Sherri is authorized to accept your account as conclusive evidence that you wish to use the Website and Products. Shaped By Sherri shall have no liability or responsibility to monitor the use of your account.
- No Warranties; Assumption of Risk; Indemnification; Limitation of Liability
This Website is provided by Shaped By Sherri (or its affiliates, partners and licensors) on an “as is” basis. Shaped By Sherri makes no representations or warranties of any kind, express or implied, as to the WEBSITE, products, the operation of the website or the results obtained through use of the website, products or any portion thereof. Shaped By Sherri disclaims all warranties, express or implied or any kind. SHAPED BY SHERRI MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE WITH RESPECT TO THIRD PARTY PRODUCTS OR SERVICES. Shaped By Sherri , its owners, members, managers, officers, employees, licensors, vendors, suppliers, independent contractors, successors and assigns (the “Shaped By Sherri Parties”), will not be liable for any damages or injuries of any kind caused by any use, failure of performance, error, and/or omission arising from the use of the Website or any Products.
You agree that your use of the Website and Products is at your sole risk. Consult your physician before beginning any exercise, weight training or nutritional program. Children under the age of 13 should not use any Products or participate in any Shaped By Sherri program. You should be healthy, and at least 13 years old before attempting any weight training workout. Always warm-up and stretch properly before beginning all workouts. For safety purposes when weight training, use a spotter when necessary and never attempt a maximum lift alone. Shaped By Sherri is not responsible for any injury that may result from improper use of the Website, Products or its training programs or materials.
You agree to indemnify, defend and hold harmless the Shaped By Sherri Parties, against any and all losses, expenses, damages and costs (including attorneys fees) resulting from or related to (i) any breach or violation of these Terms and Conditions, (ii) any activity related to your account by you or any other person accessing this Website or the Products using your account or other access through you or (iii) your general use of the Website, Products or any of our programs. Your indemnification obligations will survive termination of your account for any reason.
The Shaped By Sherri Parties shall not be liable to you or any other person for any indirect, incidental, special or consequential damages whatsoever THAT YOU OR ANY OTHER PERSON SUFFERS OR INCURS, even if the Shaped By Sherri parties have been advised of the possibility of such damages or they are foreseeable. THE maximum aggregate liability that the Shaped By Sherri Parties shall HAVE TO YOU UNDER THESE TERMS AND CONDITIONS SHALL not exceed the fees paid by you to Shaped By Sherri for the Shaped By Sherri Products purchased by you. THE LIMITATIONS ON LIABILITY under this paragraph will survive termination of YOUR ACCOUNT FOR ANY REASON. In states, which do not allow some or all of the above limitations, liability shall be limited to the greatest extent permitted by applicable law.
- Shaped By Sherri Ownership of Website and Content; Permitted Uses
All content included in the Website, Products and in any of our program materials, such as text, graphics, logos, button icons, images, audio clips, video clips, and software, is the property of Shaped By Sherri or its licensors or content suppliers and protected by all applicable copyright, intellectual property and proprietary property laws. They are solely provided to you for your personal individual use, and any reproduction, modification, distribution, transmission, republication, display, or performance, of any portion of the Website, Products or any part of our program materials is strictly prohibited. Infringement of another party’s copyrights or intellectual property or proprietary rights is a violation of federal and international law subject to criminal and civil penalties.
- Shaped By Sherri License to Use Submitted Materials Upon Consent
From time to time, you may submit information, data, biographical information, statistics, testimonials, results of use of the programs, video, sound recordings or photos of you to Shaped By Sherri via the Website, email or other form of delivery (collectively the “Submitted Materials”). In the event that you consent (which consent may be in writing, by email, verbal or by inference) to Shaped By Sherri’s use of such Submitted Materials, you hereby grant to the Shaped By Sherri Parties the license and right to use, publish, reproduce, create derivative works of, distribute and publicly display the Submitted Materials, including your name, image, likeness and biographical data (your “Personal Information”), in any form, media or content, for advertising, promotional materials or any other commercial purpose including, without limitation, use on Shaped By Sherri website and social media pages. You agree that no advertisement or other material is required to be submitted to you for approval and the Shaped By Sherri Parties shall be without liability to you for any distortion or illusionary effect or adverse result to you on account of the use of your Submitted Materials or Personal Information as authorized herein. You hereby irrevocably release the Shaped By Sherri Parties and waive and covenant not to sue or seek reimbursement from the Shaped By Sherri Parties for any and all present and future claims, demands, damages, losses, adverse consequences, liabilities and causes of action arising from any of the authorized uses of your Submitted Materials and Personal Information by the Shaped By Sherri Parties, including, without limitation, any claims for copyrights, moral rights, defamation, libel, invasion of privacy, publicity, personality, or exploitation of your name or likeness. In the event that you request that Shaped By Sherri cease use of the Submitted Materials, the Shaped By Sherri Parties may consent to cease use and will take down or cease all such uses in their control; however, you acknowledge and agree that the Shaped By Sherri Parties are not responsible or liable for taking down any uses not in their control (e.g., copies of your photographs or testimonials that have been copied by third parties on the internet).
You acknowledge that Shaped By Sherri prohibits the use, uploading or submission of any information or material in or on the Website or to Shaped By Sherri that infringes on any patent, trademark, copyright, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right. By providing any Submitted Materials to Shaped By Sherri , you are representing to Shaped By Sherri that you have the right and power to grant the license and rights described in these Terms and Conditions, including the rights to use your Submitted Materials, to the Shaped By Sherri Parties without the consent or approval of any other party. You are responsible for the accuracy and completeness of all Submitted Materials and agree to use this Website only for lawful purposes. You are prohibited from uploading or providing Shaped By Sherri with any unlawful, harmful, threatening, abusive, harassing, defamatory, libelous or obscene material of any kind, including, without limitation, any material that violates any applicable local, state, federal or international law.
- Binding Arbitration Clause
This section applies to any dispute EXCEPT DISPUTES RELATING TO THE ENFORCEMENT OR VALIDITY OF your, YOUR licensors’, SHAPED BY SHERRI, OR SHAPED BY SHERRI’S LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Shaped By Sherri concerning the Services (including their price) or this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Notice of Dispute. In the event of a dispute, you or Shaped By Sherri must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Shaped By Sherri, LLC ATTN: ARBITRATION, 112 Deming St, South Windsor CT, Shaped By Sherri will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and Shaped By Sherri will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Shaped By Sherri may commence arbitration.
Binding arbitration. If you and Shaped By Sherri do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration governed by the Federal Arbitration Act (“FAA”). You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Class action waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Shaped By Sherri will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Arbitration procedure. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. If you are an individual and use the Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see www.adr.org or call 1-800-778-7879. To commence arbitration. You agree to commence arbitration only in your county of residence or in XXX County, Connecticut, U.S.A. Shaped By Sherri agrees to commence arbitration only in XXX County Connecticut. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
Arbitration fees and incentives.
Disputes involving $75,000 or less. Shaped By Sherri will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject Shaped By Sherri last written settlement offer made before the arbitrator was appointed (“Shaped By Sherri’s last written offer”), your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than Shaped By Sherri’s last written offer, Shaped By Sherri will give you three incentives: (i) pay the greater of the award or $1,000; (ii) pay twice your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and Shaped By Sherri agree on them.
7.6.2 Disputes involving more than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
7.6.3 Disputes involving any amount. In any arbitration you commence, Shaped By Sherri will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration Shaped By Sherri commences, Shaped By Sherri will pay all filing, AAA, and arbitrator’s fees and expenses. Shaped By Sherri won’t seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.
7.7 Conflict with AAA rules. This Agreement governs to the extent it conflicts with the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
7.8 Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute to which section 7 applies must be filed within one year in small claims court (section 7.2) or, in arbitration (section 7.3). The one-year period begins when the claim or Notice of Dispute first could be filed. If such a claim or dispute isn’t filed within one year, it’s permanently barred.
7.9 Rejecting future arbitration changes. You may reject any change Shaped By Sherri makes to section 7 (other than address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in section 7.1. If you do, the most recent version of section 7 before the change you rejected will apply.
7.10 Severability. If the class action waiver above is found to be illegal or unenforceable as to all or some parts of a dispute, then section 7 won’t apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of section 7 is found to be illegal or unenforceable, that provision will be severed with the remainder of section 7 remaining in full force and effect.
- Fees and Payment
In the event that you register as a user of the Website and activate your account, you agree to pay Shaped By Sherri for its Products in accordance with the fee schedule posted on Shaped By Sherri’s Website. All fees payable to Shaped By Sherri for its Products must be paid by credit card. In the event that Shaped By Sherri incurs any costs or fees (including reasonable attorneys’ fees) due to collecting amounts due to Shaped By Sherri under these Terms and Conditions as a result of chargeback fees, disputed fees, an insufficient funds reply to any credit card charge or otherwise, you agree to reimburse Shaped By Sherri for such collection costs.
- Shipping Policies
We typically ship all materials within 48 hours of receiving an order and barring acts of God and unforeseen events and delays you should receive your materials within 5-7 working days of your order. However, we cannot guarantee delivery time frames but make efforts to ship as soon as is possible.
- Refund Policy
Online and Videos: We have a no refund policy on the Shaped By Sherri Online Programs or Video Workouts. Be 100% ready to transform your life and we promise that you will get results if you follow the plan.
All Other Products: Shaped By Sherri Allows returns/refunds for all items other than the Shaped By Sherri Online Programs or Video Workouts within 30 days of receipt of shipment so long as you meet the following requirements:
Items must be in new condition
Items must be returned to our listed address at your cost with all original packaging and accessories
Clothing must be unworn and unused
Items valued at over $50 must be returned to Shaped By Sherri with a traceable shipping service. If the order is valued at $100 or more, insure the shipment for the value of the merchandise and ship your return with a signature shipping service. The risk of loss for all shipments is with you until we accept the product.
Note: If a package doesn’t arrive and you don’t use a traceable method to return or if you refuse the shipment as a method of return, we may not be able to cover you under our Refund Policy.
- Links to Other Web Sites and Resources
At certain places on the Website, live “links” to other Website addresses and resources can be accessed. The links are for convenience purposes only, and the inclusion does not imply that Shaped By Sherri endorses these websites. Such external websites contain information created, published, maintained or otherwise posted by institutions or organizations independent of Shaped By Sherri . Shaped By Sherri does not guarantee the accuracy, completeness, timeliness or quality of information available from other websites. Use of any information from other websites is voluntary, and reliance on it should be undertaken only after an independent review of its accuracy, completeness, timeliness and quality. Shaped By Sherri shall not be liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by, or in connection with, the use of, or the reliance upon, any information, content, goods or services available on or through any third party websites, including resources linked to this Website.
- Internet Software or Computer Viruses
Internet software or transmission problems may produce inaccurate or incomplete copies of information contained on this Website. Computer viruses and other destructive computer code may also be inadvertently downloaded from this Website. Shaped By Sherri shall not be responsible or liable for any software, computer viruses or other computer code that may adversely impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any Products or other material as permitted by these Terms and Conditions. Shaped By Sherri recommends that you install appropriate anti-virus or other protective software.
- Governing Law
By accessing, visiting or using the Website, you agree that these Terms and Conditions will be governed by the laws of the State of Connecticut, without giving effect to its choice of laws provisions. Further, you agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and Conditions.
- Complete Agreement; Amendments
These Terms and Conditions constitutes the complete agreement between the parties with respect to your use of Shaped By Sherri’s Website and the Products and supersedes all prior or contemporaneous agreements, discussions, representations and warranties, whether oral or written, with respect to the subject matter of these Terms and Conditions. SHAPED BY SHERRI may amend THESE TERMS AND CONDITIONS by posting the amendment to the Website. YOU MAY NOT AMEND THIS AGREEMENT EXCEPT WITH THE WRITTEN CONSENT OF SHAPED BY SHERRI. If you CONTINUE TO USE THE WEBSITE AND ITS PRODUCTS, then your silence will be deemed an acceptance of the amendment(s).
These Terms and Conditions constitute the complete agreement between the parties with respect to your use of the Website and the Products. Shaped by Sherri’s waiver of any condition or covenant of these Terms and Conditions, or its failure to exercise a right or remedy available to it, shall not constitute a further waiver of the same or any other condition, covenant, right or remedy. If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not effect any other provision hereof and such other provisions shall be interpreted and construed as if the invalid, illegal or unenforceable provisions had never been contained herein.