SHAPERMINT CLUB TERMS & CONDITIONS
These Terms and conditions (“Terms”) apply between the client (hereinafter referred to as “you” or “users”) and Shapermint (“Shapermint.com”, “Shapermint”, “us,” or “our”) and govern our respective rights and obligations in relation with the Shapermint Club membership.
Please note that your use of the Shapermint.com website and Shapermint Club membership are also governed by all other applicable terms, conditions, limitations, and requirements on the Shapermint.com website. If you sign up for a Shapermint Club membership, you accept these terms, conditions, limitations and requirements.
If you have any questions about these Terms, please contact us by email at (firstname.lastname@example.org) or call us at ((831) 888-0074).
1. MEMBERSHIP ("Membership"): The Shapermint Club program ("Program") is a U.S. based loyalty program and is available only in the U.S. and its territories. Participation in the Program and the benefits of the Program are offered at the sole discretion of Shapermint. Eligible customers may enroll for Membership in the Program online at www.shapermint.com. Eligible customers who enroll for Membership in the Program are referred to collectively in these Terms and Conditions as "Members," and individually as a "Member”.
2. ELIGIBILITY: The Membership is limited to individuals that are acting in a personal capacity and not in the capacity of a company, who have a current and valid email account and are at least 18 years of age, or from 16 years of age who has the consent of the parent(s), guardian or legal representative as applicable. Shapermint reserves the right to request written confirmation of such consent. Any fraudulent activity or attempt to manipulate or abuse the Program will result in the Membership being terminated without notice. Shapermint’s right to terminate a Membership from the Program is in addition to any other legal or equitable remedies that may be available to Shapermint’s under applicable law.
3. ACCOUNT REGISTRATION; ACCOUNT USE:
3.1 Account Registration. If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time.
3.2. Security of Your Account. You agree to notify Shapermint immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and costs (including but not limited to reasonable legal fees) incurred by Shapermint or a third party due to someone else using your account, unless such use is due to Shapermint’s willful misconduct.
3.3 No Obligation to Retain a Record of Your Account. Shapermint has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
4. FEES: The fee for this Membership is four dollars and ninety-nine cents (USD $4.99) per month for U.S. residents. Shapermint may, in its sole and absolute discretion, change the membership fee from month to month. The Membership fee is non-refundable except as expressly set forth in these Terms. If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.
5. MEMBERSHIPS AUTOMATICALLY RENEW. UNLESS YOU NOTIFY US BEFORE A MEMBERSHIP FEE CHARGE THAT YOU WISH TO CANCEL YOUR MEMBERSHIP ACCOUNT OR THAT YOU DO NOT WISH TO AUTO RENEW YOUR MEMBERSHIP, YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW FOR ANOTHER MONTH AND YOU AUTHORIZE SHAPERMINT (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT AND CHARGE THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY APPLICABLE TAXES, EACH MONTH USING ANY CREDIT CARD THAT SHAPERMINT HAS ON FILE FOR YOU.
6. MEMBERS PROGRAM BENEFITS.
The Membership provide members of the Shapermint Club Program with the following benefits:
- Shipping: Free priority shipping (2-4 business days) on all items in the United States.
- Exclusive Content: access to a platform with unlimited streaming of exclusive educational and inspirational high-quality video content, which will include:
- Shapewear (tricks and advice, new launches, lives, seasonable events)
- Fitness (mom fitness, yoga, pilates, meditation, stretch and recovery)
- Lifestyle (mom life, DIY, dating, self-love guides)
- Cooking (seasonable recipes, drinks, healthy habits, cooking with guests)
- Premium support: Priority 24/7 customers support plus Shapewear personal stylist:
- Specialize Shapewear Advisors online
- Access to an exclusive VIP Phone Support
- We don't sleep until you're satisfied
- Community: Being part of the #1 exclusive community around body positivity and women empowerment.
- Connect with members that love SHM as much as you do.
- Share tips, advice, recipes and more.
- Live events with celebrities and influencers
- Exclusive Deals: exclusive discounts just for members.
- Shapermint Club Members will save %
- Early access to special dates and new launches.
- Giveaways & free products.
7. CANCELLATION POLICY. Memberships may be cancelled any time, subject to these Terms. In order to cancel your Membership, you must Log into your Member Account, navigate to My Profile landing page, choose About my Subscription and follow the instructions.
You must contact us and complete cancellation within the timeframes stated in this Terms for your cancellation to be effective. There are no cancellation fees. Canceling your account does not result in a refund of amounts already paid or stop a pending charge, but will go into effect for the next billing cycle.
8. MARKETING AND E-MAIL COMMUNICATION. Unless you expressly opt-out, by joining this Members Program, you, to the extent permitted by applicable law, automatically subscribe to Shapermint’s marketing and e-mail exclusives and will receive, and agree to receive, promotional mail and emails from Shapermint. Unsubscribing from Shapermint’s marketing and/or email exclusives will not discontinue your Membership. If you do not wish to receive future marketing and/or email exclusives, you can request that they be discontinued by calling the Shapermint Club Program Concierge at ((831) 888-0074).
9. AGREEMENT CHANGES. We may, in our discretion, change these Terms, Shapermint.com’s Conditions of Use and Privacy Notice, or any aspect of the Shapermint Club Membership, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
10. TERMINATION BY US. We may terminate your Shapermint Club Membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full days remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Shapermint Club membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
11. DISCLAIMERS; LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) USE OF THE MEMBERS PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK; (B) THE MEMBERS PROGRAM AND ITS BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (C) SHAPERMINT AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, "MEMBERS PROGRAM PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; AND (D) MEMBERS PROGRAM PROVIDERS MAKE NO WARRANTY THAT: (I) THE MEMBERS PROGRAM WILL MEET YOUR REQUIREMENTS; (II) THE MEMBERS PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH YOUR USE OF THE MEMBERS PROGRAM WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW; (Y) MEMBERS PROGRAM PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR APPLICATION FOR MEMBERSHIP IN, YOUR PARTICIPATION IN, YOUR MEMBERSHIP IN AND/OR THE TERMINATION OF YOUR MEMBERSHIP IN, THE MEMBERS PROGRAM; AND (Z) THE FOREGOING IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOSS, MISAPPROPRIATION AND/OR THEFT OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OF ANY KIND, ANY OTHER INTANGIBLE LOSSES AND CLAIMS OF THIRD PARTIES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE MEMBERS PROGRAM OR ANY BENEFITS THEREOF; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO IN CONNECTION WITH THE MEMBERS PROGRAM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MEMBERS PROGRAM DATA; OR (IV) ANY OTHER MATTER RELATING TO THE MEMBERS PROGRAM OR YOUR MEMBERSHIP.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABE LAW: THE MAXIMUM COLLECTIVE LIABILITY OF THE MEMBERS PROGRAM PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, HOWEVER ARISING, SHALL BE EQUAL TO THE GREATER OF (1) THE MEMBERSHIP FEES ACTUALLY PAID BY YOU TO THE MEMBERS PROGRAM PROVIDERS IN EXCHANGE SOLELY FOR THE RIGHT TO USE THE MEMBERS PROGRAM IN THE PREVIOUS (1) MONTH. EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WITH RESPECT TO ANY THEORY OF LEGAL LIABILITY, INCLUDING BREACH OR REPUDIATION OF CONTRACT, TORT, CIVIL LIABILITY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABE LAW, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK DAMAGES FROM THE MEMBERS PROGRAM PROVIDERS AS SET FORTH HEREIN, AND THAT SUCH LIMITATION REFLECTS A REASONABLE ALLOCATION OF RISK.
12. GOVERNING LAW AND COMPETENT JURISDICTION.
These Terms are governed by and construed in accordance with the laws of URUGUAY without giving effect to any principles of conflicts of law. You agree to resolve any dispute you have with Shapermint exclusively in a Uruguayan Court.
Each paragraph of these Terms operates separately. This means that in the event that any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the rest of Terms.
Shapermint’s failure to insist upon or enforce strict performance of any provision of these Terms will not be considered a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition
13. INTELLECTUAL PROPERTY
All intellectual property rights (including descriptions, pictures, photographs, designs, patterns, special settings, etc.), trademarks and copyrights at the Site will be exclusive property of Shapermint and its subsidiaries or licensors, or of the third party which has granted a license to Shapermint for its use in the website. Any use of the Site or its contents (other than for your own personal use) is strictly prohibited without the prior written authorization of Shapermint.
Consequently, none of the content of the Site may be copied, reproduced or shared in any form or used by any means, without the prior written authorization of Shapermint or the corresponding licensor.
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