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Welcome to the Shaun T, Inc. and its affiliates (“Shaun T” or “we” or “our” or “us”) websites at www.shauntlife.com, www.shauntfitness.com and www.shauntapparel.com, as well as any other website, page, or app owned by us (together, the “Site”). These Terms and Conditions of Service (“Terms”) apply to those who visit and use the Site (“you” or “your” or “user”) and to all products and services provided by Shaun T in connection with the Site.
BY CREATING AN ACCOUNT, DOWNLOADING ANY APP WE MAY OFFER, ENTERING A CONTEST OR SPECIAL EVENT WE OFFER, AND/OR COMPLETING A PURCHASE WITH US YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS HEREIN. YOUR ACCEPTANCE OF THESE TERMS CREATES A LEGALLY BINDING CONTRACT BETWEEN YOU AND SHAUN T. IF YOU DO NOT AGREE WITH ANY ASPECT OF THESE TERMS, THEN DO NOT USE THE SITE, CREATE AN ACCOUNT WITH US, OR MAKE ANY PURCHASE.
Shaun T’s Privacy Policy, found at https://www.shauntlife.com/privacy-policy/ is hereby incorporated into these Terms. Please read the Privacy Policy and these Terms carefully for details relating to our collection, use, and disclosure of your Personal Information (defined therein).
When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific services, offers, and features we may communicate from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms. Please note that additional and/or different conditions and terms of use may apply to media, contests, competitions, or products or services provided through one or more of our partners or business associates, and you should refer to those before using such.
We may make modifications, deletions, and/or additions to these Terms (“Changes”) at any time. Changes will be effective: (a) thirty (30) days after we provide notice of the Changes, whether such notice is provided via the Site, any app we offer or through other user interfaces, is sent to the email or address or phone number associated with your Account, or otherwise; or (b) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms incorporating the Changes, whichever comes first.
4.1.
For some aspects of our Site, including purchasing products or services we offer for sale, you may need to or be able to register an account with us via our Site or any app we offer (“Account”). To use the Site in this manner and/or register an Account, you must represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Site, and also provide certain identifying and shipping information including your address and billing information, and a valid email address and password to create your login profile for the Account.
4.2.
All information that you provide to Shaun T or its vendors, agents, associates, or partners, including your credit card information, is subject to Shaun T’s Privacy Policy or the respective third party policy. You are responsible for keeping your information up to date through any Account management options on the Site. Each Account and the rights and privileges provided to Account holders is personal and non-transferable. You agree to: (a) provide accurate, current, and complete information about you as may be prompted by any signup, login, and/or registration forms associated with our Site for any Account (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete; (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; (e) and to notify us immediately of any unauthorized use of your Registration Data or of any other breach of security regarding your Account.
4.4.
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and may be subject to greater restrictions regarding any availability, return, or exchange. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions or pricing for products or services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any products or services at any time. Any offer for any products or services made on our Site is void where prohibited.
4.5.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
5.1.
The price of all products or services is payable in full before delivery. All sales and any other fees are in U.S. dollars. If you wish to cancel or modify a purchase, you may email us at support@shauntfitness.com; however, any amounts charged to or paid by you prior to such modification or cancellation request will not be refunded, and communication may not impact any order for which you have already been charged, depending on the state of the order. It is your responsibility to keep your payment method up-to-date, as well as to cancel your Account (as applicable) as may be described in the Site’s password-protected account management area should you wish to do so.
5.2.
We may change the price of, introduce new, or remove products or services from time to time, and may communicate any price or products or services changes to you in advance. By continuing to use the Site purchase options after the effective date of a price change, you indicate your acceptance of such change. Please make sure you read any notifications of price changes carefully.
5.3.
Payment processing for the products or services is provided by one or more third party payment processors as we may designate from time to time (“Payment Processor”). Shaun T does not collect or store your credit card information. You can find out more about both our privacy practices and our Payment Processor’s privacy practice in our Privacy Policy[hyperlink to Privacy Policy page] and the links therein. By providing a credit card or other payment method accepted by our Payment Processor or us, you represent and warrant that you are authorized to use the designated payment method and that you authorize our Payment Processor to charge your payment method for the total amount of your transaction and any applicable fees (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your Account with us and any products or services you have requested may be suspended or cancelled. You must resolve any problem we or our Payment Processor encounters in order to proceed with your use of your account or to receive any products or services.
Unless otherwise indicated at the time of your purchase, shipping and handling fees for products are included with your order. Products may be produced, provided, and/or shipped from a variety of our third-party merchants and providers around the globe depending on shipping address. If you place an order with multiple products, they may be shipped from different fulfillment centers and may arrive at different times. Shipping to continental U.S. destinations is typically 3-15 business days, tracking is provided, Saturday deliveries are an option, the delivery is by USPS, and shipping to Hawaii/Alaska may require additional time. To any other destinations, shipping is typically 5-30 business days, and upon delivery, orders may be subject to import taxes, customs, and duties. Shipping dates and/or arrival times are only estimates, and not all products may be available for purchase or delivery in your area. Certain products are printed, embroidered, and created on demand at time of order. Production time is dependent on warehouse volume and can take up to 10 business days to be fulfilled. Shipping and delivery time estimates do not include production time, so please keep this in mind if ordering under time sensitive conditions. Please allow time for additional shipping and handling for international orders, and depending on the circumstances, there may be additional customs rates and policies applicable. You must notify us within thirty (30) days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of products and credits to your Account for shipped products claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your Account at our discretion. Repeated claims of undelivered products may result in the cancellation of your Account or future orders. You may be charged, and are solely responsible for, applicable local and state sales tax.
COVID 19 Update: Due to limited transportation availability as a result of pandemic COVID 19 impacts, delivery times may be extended.
Except as may be otherwise stated at the time of purchase, products or services may not be returned or exchanged. If permitted, products sent for return or exchange must be unworn, unwashed, and unused and in new condition, and all sales are final outside the U.S. We do not cover shipping costs for returns/exchanges, and we do not offer returns or exchanges on any products included in a pre-order. If you have concerns or problems with the products you receive, please contact us by email at apparel@shauntfitness.com or via the contact information on the Site at shauntapparel.com and we will attempt to resolve the issue. For issues or questions regarding courses/memberships, please contact support@shauntfitness.com. We will not issue any refunds for products or services except in our sole discretion.
The Site may be accessed from countries other than the United States. However, the Site and/or products or services may be only available for sale within the continental United States and U.S. territories. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations. We make no representation that any part of the Site or available product or service is appropriate or available for use in other locations. Users may not download, use, export, or re-export any content posted including any Shaun T Materials (defined herein) on or through the Site or any software or products utilized or available in connection with the Site, products, or services in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations, and controls.
The Site is owned and operated by Shaun T. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, Site, and all other elements thereof that are provided by Shaun T (“Shaun T Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Shaun T Materials are the proprietary property of Shaun T Inc. or its subsidiaries or affiliated companies and/or third-party licensors, or as otherwise noted in connection therewith. All trademark, service mark, and trade name rights mentioned on the Site or in connection with the products or services offered are the property of their respective owners. Except as expressly authorized by Shaun T, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, infringe upon, or otherwise make unauthorized use of the Shaun T Materials.
Occasionally there may be information on the Site that contains errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. This Site may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate. The Shaun T Materials should never be relied upon as the sole basis for making any decisions to purchase products or services from Shaun T. We and our third-party providers, vendors, agents, associates, or partners will not be liable for any purchase decisions made based on the Shaun T Materials. Any reliance on the Shaun T Materials is at your own risk, and you assume any and all risks associated with your purchase decisions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order), but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
These Terms apply to our Site, products, and services. The Site, products, and services may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. We and our third-party providers, affiliates, agents, and licensors may be active investors in businesses related to or mentioned on this Site and may or may not have open investment positions in those businesses. You assume any and all risk associated with your purchase decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions in products mentioned on the Site. You acknowledge and agree that Shaun T is not responsible and shall have no liability for the content of such third party sites, and products, or services made available through them, or your use of or interaction with them. If provided, you should review the terms and conditions of any linked websites or resources carefully.
The Services may include features or functionality that interoperate with online services operated by third parties (such services, “Third-Party Services”), pursuant to agreements between Shaun T and the operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) which Shaun T does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms and rules applicable to Third-Party APIs) may be modified, suspended, or terminated at any time. Shaun T shall have no liability with respect to any such modification, suspension, or termination. You are responsible for ensuring that your use of the Site in connection with any Third-Party Service complies with all agreements, policies, terms, and rules applicable to such Third-Party Services.
13.1.
As a condition of your use of the Site, products, and services, you will not use such for any purpose that is unlawful or prohibited by these Terms. Access to the Shaun T Materials or the Site, products, and services from locations where their contents are illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, payments, or privacy.
13.2.
Any use of any of the Shaun T Materials other than for private, non-commercial use is strictly prohibited.
13.3.
You may not use the Site, products, and services generally and the Site specifically in any manner that in our sole discretion could damage, disable, overburden, or impair them or interfere with any other party’s use of the Site, products, and services. You may not intentionally interfere with or damage the operation of the Site or services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Site, products, and services, features that prevent or restrict the use or copying of any content accessible through the Site or services, or features that enforce limitations on the use of the same. You may not attempt to gain unauthorized access to the Site or services, or any part of them, other accounts, computer systems or networks connected to the Site or services, or any part of them, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Site or services or any activities conducted on or in connection with the same. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or services. You agree neither to modify the Site or services in any manner or form, nor to use modified versions of such, including (without limitation) for the purpose of obtaining unauthorized access to the Site, products, or services. Any resale or commercial use of the Site, products, or services or the Shaun T Materials is prohibited, as is the distribution, public performance, or public display of any Shaun T Materials, the sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation, the collecting or storing any personal information from other users of the Site, and any use of our Site, products, or services, or the Shaun T Materials other than for their intended purpose.
13.4.
The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, crawler, or other automated means to access the Site, products, or services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site, products, or services.
13.5.
You may not utilize framing techniques to enclose any trademark, logo, or other Shaun T Materials without our prior, express, written consent. You may not use any metatags or any other “hidden text” utilizing Shaun T’s name or trademarks without our prior, express, written consent.
13.6.
You may not deep-link to the Site and shall upon notice from Shaun T promptly remove any links that Shaun T finds objectionable in its sole discretion. You may not use any Shaun T logos, graphics, or trademarks as part of the link without our prior, express, written consent.
13.7.
You may not send junk or unsolicited mail to other users of the Site, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
13.8.
Any use of our Site, the products, services, or the Shaun T Materials other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate any license or rights granted herein to you. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. We have the right to terminate the orders and/or Accounts of users who we believe in good faith to be violating any laws whatsoever. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
In order to access certain Site, products, or services, you may be required to create and Account and/or provide specific information. All information about you must be truthful. Any Account or access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your Account and access codes and passwords and will be solely liable for any use or unauthorized use of the Site, products, or services under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy
Under these Terms, you consent to receive communications from Shaun T electronically, including via email and/or texts. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Our Site may also allow users to create, upload, and share information in connection with the Services. The Site, including social media pages or sites connected to Shaun T, may allow you or other users to post, link, store, or otherwise make available a wide variety of information, text and/or other materials to others (“User Content”). You are solely responsible for your use of User Content and use it at your own risk. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content. By using any User Content, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site or services any of the following:
We may from time to time provide interactive services on our Site, including, without limitation: user-maintained help website, chat rooms, and bulletin boards. Where we do provide any interactive service, we will attempt to provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
16.1.
You are under no obligation to provide any reviews, comments, suggestions, ideas, enhancement requests, feedback, and recommendations (“Feedback”) to us. You hereby agree that Shaun T alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to any Feedback you provided to Shaun T in any media regarding Shaun T Materials, and accordingly hereby assign such to Shaun T without any requirement for compensation or accounting therefor. You hereby waive any and all of your rights of droit moral and similar rights with respect to any Feedback.
16.2.
From time-to-time, Shaun T may permit end-users to submit reviews and testimonials regarding certain of the Products, as well as biographical information associated with such end-users (collectively “Testimonials”). By submitting a Testimonial, you irrevocably grant to Shaun T the right to use the Testimonial, or any portion thereof, in any and all forms of marketing and promotional material, whether now known or hereinafter developed for any and all uses. You certify to Shaun T that everything you state in the Testimonial is true and an expression of your personal belief. You acknowledge and agree that: (a) at no time did Shaun T provide you with any consultation, advice, or guidance with respect to the substance of the Testimonial; (b) you are not an employee, officer, or director of Shaun T; (c) you are not an immediate family member of an employee, officer or director of Shaun T; and (d) you are not living in the same household with an employee, officer, or director of Shaun T. You understand and agree that the Testimonial, in whole or in part, may be edited and/or dramatized, and that any part of the Testimonial may be used without compensation to you. You agree that no ad or other material incorporating or making reference to the Testimonial need be submitted to you for approval. Shaun T shall be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of the Testimonial. You expressly release Shaun T from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement, or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, ad, or promotion utilizing or incorporating the Testimonial, or any other use of the Testimonial whatsoever. You acknowledge and agree that Shaun T shall not be liable for any causes of action or claims related to your decision to provide the Testimonial to Shaun T.
16.3.
You also hereby grant Shaun T a nonexclusive, royalty-free, full-paid, perpetual, irrevocable, world-wide, assignable, licensable, and transferrable license to use and otherwise exploit any User Content or information other than Feedback provided by you or any other party relating to the Shaun T Materials on or in any and all media (now known or hereafter developed) as Shaun T deems necessary to its business. This license survives termination of these Terms. We reserve the right, and have absolute discretion, to remove, screen, or edit any Feedback or User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site or through our services, at your sole cost and expense.
16.4.
You represent and warrant that: (a) you will obtain all rights and provide any disclosures to or obtain any consents, approvals, authorizations, and/or agreements from any employee or third party that are necessary for us to collect, use, and share User Content in accordance with these Terms and (b) no User Content, when used to provide Services hereunder, infringes upon or violates any other party’s intellectual property rights, privacy, publicity or other proprietary rights.
16.5.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SHAUN T AND, IF RELEVANT, ITS VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS AGAINST ANY LIABILITIES, DAMAGES, DEMANDS, LOSSES, CLAIMS, COSTS, FEES (INCLUDING LEGAL FEES), AND EXPENSES IN CONNECTION WITH ANY THIRD-PARTY LEGAL PROCEEDING TO THE EXTENT ARISING FROM OR ANY ACT OR OMISSION OF OR BY YOU IN RELATION TO PRODUCTS, USER CONTENT, OR YOUR BREACH OF THESE TERMS. Your indemnification obligations under this Section are contingent upon: (a) Shaun T providing you with prompt written notice of such claim (except that your indemnification obligations shall not be limited except to the extent they would be prejudiced by a delay); (b) Shaun T providing reasonable cooperation to you, at your expense, in the defense and settlement of such claim; and (c) you having sole authority to defend or settle such claim, provided, however, you shall obtain Shaun T ‘s written consent prior to entering any settlement which admits guilt or culpability on the part of Shaun T or requires Shaun T to take any action (such consent not to be unreasonably withheld).
Shaun T may make changes to or discontinue any of the media, contests, content, products, or services available within the Site at any time, for any reason, and without notice. Shaun T makes no commitment to update the media, contests, content, products, or services on the Site.
Except as explicitly stated otherwise, legal notices shall be served by a user on Shaun T’s national registered agent, or by Shaun T to the email address you provide to Shaun T during any Account registration process. Notice shall be deemed given 24 hours after a notice is sent by email, unless the sending party is notified that the email address is invalid. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Alternatively, in our sole discretion, we may give you legal notice by mail to the mailing address provided during the registration or purchase process via the Services. In such case, notice shall be deemed given three (3) days after the date of mailing.
19.1.
You agree that Shaun T, in its sole discretion and for any or no reason, may terminate any Shaun T user, member, or Account (or any part thereof) or your use of the Site, products, or services, at any time. Shaun T may also in its sole discretion and at any time discontinue providing access to the Site, products, or services, or any part thereof, with or without notice.
19.2.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to our services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to our Site, products, and services and/or terminate Accounts of any users, for reasons of our own discretion that we are not obligated to reveal, at any time.
19.3.
You agree that any termination of your access to the Site, products, or services or any Account you may have with us or portion thereof may be effected without prior notice, and you agree that Shaun T shall not be liable to you or any third-party for any such termination. Shaun T does not permit copyright infringing activities on the Site, and reserves the right to terminate access to the Site, products, and/or services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site, products, or services may be referred to appropriate law enforcement authorities.
19.4.
Shaun T also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Shaun T, its users, and the public. Shaun T also reserves the right to remove content alleged to be infringing another’s intellectual property rights without prior notice, at our sole discretion.
19.5.
These remedies are in addition to any other remedies Shaun T may have at law or in equity. You agree that Shaun T shall not be liable to you or any third-party for any such termination. All provisions which, by their nature, are intended to survive termination, including those with respect to payment obligations accruing prior to such termination will survive any termination of these Terms.
20.1
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE. THE SITE AND ANY MEDIA, SOFTWARE, SERVICES, PRODUCTS, APPLICATIONS, MATERIALS, AND/OR THIRD-PARTY CONTENT, MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHAUN T, AND ITS VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SHAUN T, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCTS, SERVICES, OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
20.2.
SHAUN T, AND ITS VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SHAUN T NOR ITS VENDORS, AGENTS, ASSOCIATES, AND/OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SITE, PRODUCTS, OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE WHATSOEVER THAT RESULTS FROM SUCH MATERIAL OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold Shaun T, and its vendors, agents, employees, associates, and/or partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Site, products, or services, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Shaun T reserves the right, at our own 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.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SHAUN T OR ITS VENDORS, AGENTS, EMPLOYEES, ASSOCIATES, AND/OR PARTNERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SHAUN T MATERIALS ON THE SITE, THE PRODUCTS OR SERVICES THEMSELVES, OR ANY OTHER INTERACTIONS WITH SHAUN T, EVEN IF SHAUN T OR A SHAUN T AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SHAUN T’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SHAUN T’S OR ITS VENDORS, AGENTS, EMPLOYEES, ASSOCIATES, AND/OR PARTNERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO SHAUN T IN THE MONTH IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE APPLICABLE CLAIM. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN SHAUN T AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SITE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHAUN T AND YOU.
The parties will negotiate in good faith to resolve expeditiously on a mutually acceptable negotiated basis between appropriate management personnel or individual for each party any dispute between them that may arise. The parties may, by mutual consent, retain a mediator to aid in their attempt to informally negotiate resolution of any dispute, although any opinion expressed by a mediator will be strictly advisory and will not be binding on the parties, nor will any opinion, statement or proposed resolution expressed by the mediator or the parties be admissible in any proceeding. Costs of the mediation will be borne equally by the parties, except that each party will be responsible for its own expenses. Should any dispute not be resolved pursuant to this paragraph of these Terms, the parties agree to submit to the exclusive jurisdiction of the courts located in New York, NY to resolve any dispute arising out of these Terms or your access to or use of the Site or the products or services, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, ANY MEDIATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE MEDIATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S)
The Site, products, and services are not directed to minors under the age of eighteen (18). Consistent with applicable law, we do not knowingly collect personal information from minors under the age of thirteen (13) without the consent of their parents or guardians. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from minors without such consent, upon proper notice, authority, and necessary confirmation of such, we will work to promptly delete it.
These Terms shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. EACH OF YOU AND SHAUN T HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH OF YOU AND SHAUN T HEREBY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF THE OTHER HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF YOU AND SHAUN T ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR EACH OF THEM, RESPECTIVELY, TO ENTER INTO AGREEMENT PURSUANT TO THESE TERMS.
Shaun T is not liable or responsible, nor shall be deemed to have defaulted under or breached these Terms, for any failure to perform or delay in performing its obligations under these Terms due to an event of force majeure. An event of force majeure is any event or circumstance beyond Shaun T’s reasonable control, such as war, hostilities, act of God, earthquake, flood, fire, or other natural disaster, strike or labor conditions, material shortage, epidemic, disease, government action, or failure of utilities, transportation facilities, or communication or electronic systems. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shaun T without restriction.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
These Terms, including the recitals hereto, as may be revised or supplemented via Guidelines or amendments in our discretion, is the entire agreement between us and you relating to the subject matter herein.
YOU AND SHAUN T AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AGAINST SHAUN T ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE, PRODUCTS, AND/OR SERVICES OFFERED BY SHAUN T MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you believe that anything on our Site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to receive notification of claimed infringement: Hillary Hughes
Full address of Designated Agent to which notification should be sent: Foster Garvey PC, 100 Wall Street, 20th Fl., New York, NY 10005
Telephone Number of Designated Agent: 212.431.8700
Email Address of Designated Agent: hillary.hughes@foster.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
The Site is operated by Shaun T, Inc., 2733 N Power Road Ste 102, PMB 154, Mesa, AZ 85215, email: support@shauntfitness.com. If you are a California resident, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.
Last Modified: November 2021
