Welcome to the What Waist LLC website, www.Whatwaist.com (the “site”). The site is operated by What Waist Body. Inc. (the “Company,” “we,” or “us”). By accessing or using our site you signify that you have read, understand and agree to be bound by these Terms of Service (“Terms of Service”), regardless of whether you are a registered User of the site. As used herein, “Use” or “Users” means anyone who accesses and/or uses the Site. If you do not agree to these Terms of Service, then do not use the Site.

These Terms and Conditions (“Terms”) govern your use of our Digital Properties (comprised of our website and any mobile application we offer, or any other Internet site or service on which these Terms are presented).  We offer our Digital Properties and Products and Services to you, subject to and conditioned on your acceptance of these Terms and Conditions and our Privacy Policy.

These Terms of Service are effective as of the date posted above and we will not be bound by any additional or different terms on other documents that are inconsistent with these terms. Company may modify or update these Terms of Service at any time by posting the amended terms on the Site and such terms shall be effective for all use of the Site and Products and Services once they are posted. Your continued access of the Site and/or use of the Products and Services provided on the Site following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. Company, in its sole discretion, may also add, delete or change some or all of the features of the Site or Company's Products and Services at any time.

These Terms of Service govern your access and use of the Site and all content, Products and Services and/or products provided through the Site. Please read these Terms of Service carefully before using the Site. If you violate any of these Terms of Service (which include by reference the Company's Privacy Policy, or otherwise violate an agreement between you and us, the Company may terminate your registration, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site), at any time in its sole discretion, with or without notice.

Your continued use of the Digital Properties or Company after the posting of such revisions constitutes your acceptance of the revised version of these Terms.  You should review these Terms on a regular basis, as they are a legally binding agreement between you and What Waist. Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and Products and Services to you.

The Digital Properties and Company Products and Services are intended solely for Users who are 18 years of age or older.  Any registration by, use of, or access to the Digital Properties or Company Products and Services by anyone under 14 years of age is unauthorized, unlicensed, prohibited, and in violation of these Terms.  Minors between the ages of 14 and 18 may register to use the Digital Properties or Company Products and Services only with the approval of a parent or legal guardian.  By using the Digital Properties or Company Products and Services, you represent and warrant that you are 18 years of age or older or have the approval or your parent or legal guardian and that you agree to abide by all of the terms and conditions presented herein.

 

Intention and Acceptance 

Read all of these terms prior to accessing or using the Digital Properties or Company.  If you do not intend to accept these terms or enter into a legally binding agreement with What Waist, you may not use any of the Digital Properties or Company.

 

Content Rights and Ownership

All content provided or otherwise made available by Company through the Digital Properties or Company Services, including, without limitation, text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Digital Properties or Company Services, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by or to Company and is protected by intellectual property rights and unfair competition laws within and outside of the United States.  Content also includes any Content that User s (including you) provide or make available through the Digital Properties and Company Services (“User  Content”).

Subject to your compliance with these Terms and Conditions, Company hereby grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to download, view, copy and display the Content solely in connection with your permitted use of the Digital Properties and Company Services.

By making User  Content available through the Digital Properties or Company Services, you hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, reproduce, modify, adapt, translate, create derivative works based upon, distribute, publicly display, perform, distribute and communicate by means of telecommunication your User  Content in connection with operating and providing our Digital Properties, Company Services, and Content to you and other User s. 

You are solely responsible for all of your User Content.  You represent and warrant that you own all of your User Content or have the necessary rights to grant us the license rights in your User Content as described under these Terms and Conditions.  You also warrant and represent that neither your User Content, or the use and provision of such through the Digital Properties or Company, nor any use of the User Content by Company on or through the Digital Properties or Company Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

In most instances, you can remove your User Content by deleting it yourself.  However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Digital Properties or Company.  We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content if preserving the information is outweighed by the public interest in the availability of the data.  Please refer to our Privacy Policy for more information on these and related topics.

 

Company’s Proprietary Rights

You acknowledge and agree that the Digital Properties and Company and any necessary software (“Software”) used in connection with the Digital Properties or Company Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.  Except as expressly permitted by applicable law or as authorized by Company or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on the Digital Properties, Company Services, or the Software, in whole or in part.

Subject to your compliance with these Terms, Company grants you a personal, non-transferable and non-exclusive right and license to access and use the Digital Properties and Company Services provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software.  You agree not to modify the Software in any manner or form, or to use modified versions of the Software including, without limitation, to obtain unauthorized access to the Digital Properties or Company Services.  You agree not to access the Digital Properties or Company Services by any means other than through the interface that is provided by What Waist.

 

Eligibility for Use of the Digital Properties and Company Services

You understand and acknowledge that we may suspend or terminate your account and your ability to use the Digital Properties or Company Services, or any portion thereof, for failure to comply with these Terms, or for any reason whatsoever.

 

Registration and Accounts 

Some portions of the Digital Properties or Company may permit or require you to create an account to participate or to secure additional benefits.  You agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by our registration processes (the “Registration Data”).  You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including, without limitation, using another person’s Username, password, or other account information, or another person’s name, likeness, voice, image, or photograph.  You also agree to promptly notify us at contact@whatwaist.com of any unauthorized use of your Username, password, other account information, or any other breach of security that you become aware of involving or relating to the Digital Properties or Company Services.

 

Purchases through the Company Services

Certain features or functionality of the Digital Properties or Company Services may allow you to purchase products or services.  You agree to pay for all products and services provided through the Digital Properties or Company Services that are ordered through your account or ordered as a guest (if that option is made available to you).

You authorize Company to charge your credit card (or other payment instrument) for any products or services purchased and for any additional amounts (including, without limitation, any applicable taxes, late fees, and associated bank or financial institution fees) that may be accrued by or in connection with your account or a purchase transaction.

You are responsible for the timely payment of all fees and for providing Company with a valid credit card or form of payment.  All fees will be billed to the credit card you designate during the registration or payment process.  If you wish to designate a different credit card or form of payment, then you are solely responsible for changing such information online in your account setting, or at the time of a transaction.

You acknowledge that your electronic submissions constitute an agreement and an intent to be bound by and pay for such transactions.  Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into via the Digital Properties or Company Services, including notices of cancellation, policies, contracts, and applications.  It is your sole responsibility to review and understand all policies, content, and agreements associated with the use of the Digital Properties or Company Services or any services or products Company may supply.

 

Disclaimer of Warranties

The Company Services are provided: [1] with all faults as-is and as-available; and [2] without any assurance, or warrant, condition or duty of or regarding: functionality; privacy; security; accuracy; availability; repairs; negligence; interruption; viruses or other harmful code or transmissions; or the nature or consequences of available content such as (without limitation) whether software or other content is subject to any particular license, or whether it is subject to any restrictions or consequences that might be triggered by any exercise of a right granted under these terms.

Company, our affiliates, licensors, suppliers, and advertisers make no warranty and hereby disclaim, whether implied or statutory, any warranty, including any warranty of title, quiet enjoyment, non-infringement, merchantability, merchantable quality, or fitness for a particular purpose.  The entire risk, in connection with your use of the Digital Properties or Company Services, as to the satisfactory quality, performance, accuracy and effort, is with you.  You agree that you will obtain any content entirely at your own risk, and you will be solely responsible for any resulting infringement, breach of contract, consequence or damage, including, without limitation, bodily injury, death, damage to your computer system, or loss of data.  You understand and acknowledge that these terms cover any and all forms of access to our content, including, without limitation, download, screen shots, and screen capture.

For avoidance of doubt, you agree that you may not rely, and Company will not be liable for your reliance, on any information or opinions expressed via or on the Digital Properties or Company Services, including any decisions you make about your personal situation, health, and/or wellness.  Any opinion or information presented via or on the Digital Properties or Company Services is for your convenience only and will not create any warranty not expressly stated in these Terms.

 

Access to the Digital Properties and Company Products and Services

You may use the Digital Properties or Company Products and Services when they are available.  You understand that certain features may be unavailable from time to time, or the experience may not be the same for every User at all times.  Company does not guarantee availability of any aspect of the Company Products and Services or any particular feature.  We reserve the right to change, remove, delete, restrict, or block access to, or stop providing all or any part of the Digital Properties or Company Products and Services (including reducing available storage capacity, if any, and removing any of the content contained in the Digital Properties or Company Products and Services) at any time without notice.

 

User Conduct, General Prohibitions, and Acceptable Usage

Company’s goal is to foster a positive and welcoming community for its Users and website visitors.  Consequently, Company has established the following rules of use.  As a User, you agree not to use our Digital Properties or Company to do any of the following:

Use and/or interact with our Digital Properties to:

[a] Attempt to access another User ’s account, including, without limitation, attempts to use another person’s credentials to create an account for the Digital Properties or Company Services;

[b] Create multiple accounts under different names or e-mails, including ghost accounts, or re-register an account that was previously terminated by Company;

[c] Access, tamper with, or use non-public areas of the Digital Properties or Company Services, Company’s computer systems, or the technical delivery systems of Company’s providers;

[d] Attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures;

[e] Avoid, bypass, reverse engineer, remove, decompile, disassemble, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including other User s) to protect the Digital Properties, Company Services, and Content;

[f] Use content or offer web search functionality on the Digital Properties;

[g] Interfere with, or attempt to interfere with, the access of any User , host or network, including, without limitation, intentionally posting or transmitting to or through the Digital Properties or Company Services any file that contains a virus, bug, worm, malware, Trojan horse, time bomb, spyware, Easter egg, disabling device or any other contaminating or destructive feature;

[h] Attempt to access or search the Digital Properties or Company Services or download Content through the use of any engine, software, tool, agent, device or mechanism (including, without limitation, spiders, robots, crawlers, scrapers or data mining tools) other than the software and/or search agents provided by Company or other generally available third-party web browsers;

[i] Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Digital Properties or Company Services to send altered, deceptive or false source-identifying information;

[j] Do anything that could disable, overburden, or impair the proper working of the Digital Properties or Company Services, including any interference with the servers or networks used to make the Digital Properties or Company Services available, or any violation of the requirements, procedures, policies, or regulations of such networks;

[k] Use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent;

[l] Collect or store any personally identifiable information from the Digital Properties or Company Services or from other User s without their express permission; and

[m] Impersonate or misrepresent your affiliation with any person or entity.

 

Upload, post, or otherwise transmit any User Content that:

[a] Violates any local, state, federal, or international law(s);

[b] Is fraudulent, false, misleading or deceptive;

[c] Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

[d] Harms, threatens, defames, promotes violence or illegal activities/substances; is otherwise vulgar, obscene, pornographic, bullying, abusive, harassing, tortuous, or libelous; is invasive of another’s privacy; is hateful, promotes discrimination, bigotry, or racism; or is otherwise objectionable;

[e] Links directly or indirectly to any materials to which you do not have a right to link;

[f] Contains any private information of any third party including, without limitation, addresses, phone numbers, e-mail addresses, Social Security Numbers, and credit card numbers (or any similar unique/distinguishing personal information);

[g] Contains software viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware of telecommunications equipment, or to extract information from the Digital Properties or Company Services;

[h] Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; and

[i] In the sole judgment of Company is objectionable or restricts or inhibits any other person from using or enjoying the Digital Properties or Company Services, or which may expose Company, our affiliates, or other User s to any harm or liability of any type.

 

Use our content to:

[a] Develop a competing website, application (“App”), or similar functionality;

[b] Create compilations or derivative works as defined under United States copyright laws;

[c] Redistribute in any manner, including, without limitation, sale, license, lease, rental, subscription, or any other distribution mechanism;

[d] Decompile, disassemble, or reverse engineer the Digital Properties or Company Services or any related software; and

[e] Use the Digital Properties or Company Services in any manner that violates these Terms or any local, state, federal, or international laws.

A User sending any communication in or through the Digital Properties or Company Services shall be solely responsible for the content and information contained therein, including, without limitation, its truthfulness, accuracy and completeness.  Although Company reserves the rights to monitor, record, edit or remove any Content within the Digital Properties or Company Services, including User Content, Company has no obligation or responsibility to do so.  In addition, Company shall not be liable or responsible to any User or any other person or entity for the performance or non-performance of the monitoring, recording, editing or removal activities mentioned above.

Users and visitors understand that by using the Digital Properties or Company Services, they may be exposed to User Content that is offensive, indecent, or objectionable.  We have no control over User Content and do not in any way guarantee its quality, accuracy, or integrity.  Company is not responsible for the monitoring or filtering of any User Content.  Should any User Content be found illegal, Company will submit all necessary information to relevant criminal, civil, or regulatory authorities.

If any User Content is reported to Company as being offensive or inappropriate, we may ask the User  to retract or otherwise modify the questionable content within 24 hours of being notified by Company.  If the User fails to meet such a request, Company has full authority to restrict the User ’s ability to post User Content and/or to immediately terminate and block access to the User  without further notice to the User .

Without limiting the foregoing, Company reserves the right to remove, screen, filter, block, move, refuse, disable access to, or modify any User Content that violates these Terms, or the Company, in its sole discretion, finds to be objectionable, hurtful, or otherwise inappropriate.  User s are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws.  User s will respect copyright and trademark laws.  Company may also block your access to the Digital Properties or Company Services in the event that [a] you breach these Terms; [b] we are unable to verify or authenticate information you provide to Company; [c] we believe that your actions may cause financial loss or legal liability for you, Company User s, or us; or [d] we believe that blocking access is a reasonable business practice under the circumstances.

You warrant that you will not use the Digital Properties or Company Services to infringe on the intellectual property rights of others in any way.  In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating User s whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights. 

We do not guarantee that any content or information you share or access will not be removed, damaged, corrupted, lost, or unavailable.  We recommend that you back up any content that you store or access using the Digital Properties or Company Services.

 

Termination

You agree that we may terminate your use of the Digital Properties or Company Services, or any portion thereof, if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated the right of Company or any third party, or for any other reason with or without notice to you.  In such event, Company shall not be required to provide you with a refund or any other form of compensation.  Upon termination, discontinuation, or cancellation of your account, including access to our Digital Properties, all provisions of these Terms which should survive will survive, including, without limitation, content rights and ownership provisions, warranty and professional/media services disclaimers, assumption of risk and indemnity, limitations of liability, and dispute resolution provisions.

 

Trademarks and Trade Names

All trademarks, service marks, trade names, logos and graphics (“Marks”) used in the Digital Properties or Company Services are trademarks or registered trademarks of Company.  You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials via the Digital Properties or Company Services, without Company’s prior written consent.  The use of the Marks on any other website or networked computer environment is not allowed.  You may not use the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance, in writing, by Company.

 

Errors, Corrections, and Changes

We do not represent or otherwise warrant that the Digital Properties or Company Services will be error-free or free from viruses or other harmful components, or that we will correct any errors found within the Digital Properties or Company Services.  We do not represent or otherwise warrant that the information available on or through the Digital Properties or Company Services will be correct, accurate, timely or otherwise reliable. We reserve the right at our sole discretion to change any Content, software, and other items used or contained in the Digital Properties or Company Services at any time without notice.

 

Third-Party Content and Links

The Company Services may contain links to third-party websites or other resources (“Third-Party Content”), but these links and sites do not form any part of our Digital Properties, Company Services, or Content.  We provide these links only as a convenience to you and are not responsible for the content, products, or services available from those websites or resources or links displayed on such sites, nor are we responsible for updating or reviewing any Third-Party Content.  You access and use Third-Party Content solely at your own risk.

You agree that Company: [1] is not responsible for examining or evaluating the content or accuracy of any Third-Party Content; and [2] does not warrant and will not have any liability or responsibility whatsoever for any Third-Party Content.  You agree not to use any Third-Party Content in any manner that would infringe or violate the rights of any other party, and that Company is in no way responsible for any such use by you.

Company does not in any way, implicitly or explicitly, endorse or control any information accessed on or from any third-party website or Apps, and assumes no responsibility for any material which may be accessed through such links.  You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites, Apps, or other resources.  We remind you to review the applicable agreements and policies when visiting any third-party websites, including policies with respect to the use, collection and disclosure of your personal information that may differ from Company’s.

The Digital Properties or Company Services may contain content supplied by third parties, including, without limitation, other User s, advertisers, merchants and sponsors.  Accordingly, Company has no editorial control over such content.  Any opinions or other information or content expressed or made available by third parties, including information providers, User s, or any other User of the Digital Properties or Company Services, are those of the respective author(s) and not of Company.  Company does not guarantee the accuracy, completeness, merchantability or fitness for any particular purpose nor the legality of any content provided by any of these parties.

You understand that we do not operate or control the products or services offered by third-party merchants.  These merchants are responsible for all aspects of order processing, fulfillment, billing and customer service.  We are not a direct party to any transaction entered into between you and any merchant.  You agree that use of or purchase from such merchants is at your sole risk and without warranties of any kind by us.  All rules, legal documents (including privacy policies), and operating procedures of any merchant will apply to you while on any merchant website(s).

 

Linking to our Website and Digital Properties

You may seek written permission to provide links to our Website or Digital Properties.  If we grant you permission to provide links to our Website or Digital Properties you understand that: [1] you will not remove or obscure any portion of our Website by framing or other means; [2] your website will not engage in, without limitation, illegal or pornographic activities; and [3] you will cease to provide links to our Website or Digital Properties immediately upon our request.

Internet Service Provider Charges and Other Charges

You are responsible for all mobile, cable or other Internet Service Provider (“ISP”) charges incurred by you for connecting to the Digital Properties or Company Services, and Company assumes no responsibility or liability of any such charges, including, without limitation, data charges, long distance charges, per minute (or unit) surcharges, and/or equipment or line costs, incurred by you while accessing the Digital Properties or Company Services.  Any dispute or problem regarding telephone, ISP, or similar telecommunication/Internet service providers are strictly between you and your service provider.  You may receive text messages in connection with your use of the Digital Properties or Company Services.  Standard text messaging and data usage rates may apply.  You are responsible for all charges incurred by you for any text messages you receive and Company assumes no responsibility or liability for any such charges.

 

Mobile Services

The Digital Properties or Company Services may include certain elements that may be available via your mobile phone, including, without limitation: [1] the ability to book and/or purchase Company products or services; [2] the ability to receive and reply to Company’s messages; [3] the ability to browse our Website or Digital Properties; and [4] the ability to access certain Company features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”).  Unless specifically noted to the contrary, we do not charge for these Mobile Services.  However, your carrier’s normal messaging, data and other rates and fees will still apply.  You should check with your carrier to find out what plans are available and how much they cost.  In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.  Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile device(s), and what restrictions, if any, may be applicable to your use of such Mobile Services.  By using the Mobile Services, you agree that we may communicate with you regarding Company, other entities, and our Services, by SMS, MMS, text message or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us.

 

Assumption of Risk and Disclaimer

Company provides, and you acknowledge and agree that Company provides the Digital Properties, Company Services, and Content, and any and all materials received by you, including User  Content, as part of your use of our Digital Properties or Company Services, and that the Digital Properties and Company Services are offered “as is” and “without warranty” of any nature or kind.  Company grants no, and hereby disclaims all warranties, express, implied, statutory or otherwise, with respect to the Digital Properties or Company Services provided to you, including, without limitation, any implied warranty of non-infringement, merchantability or fitness for a particular purpose in connection with the Digital Properties, Company Services, or Content with which it is linked.

Company does not warrant that: [1] your use of the Digital Properties or Company Services will be uninterrupted or secure; [2] the Digital Properties, Company Services, or Content will be always available or error free or meet your requirements or needs; [3] any or all defects or errors in the Digital Properties, Company Services, or Content will be corrected or; [4] the Digital Properties, Company Services and/or Content provided is/are accurate, current or complete.  We reserve the right to modify and/or discontinue the Digital Properties or Company Services, or access thereto, at any time without notice to you.  To the extent you communicate with a Company representative through any source or means, the statements and promises made or actions taken by them shall not limit or otherwise modify the terms of this disclaimer and/or these terms of use, and this disclaimer shall apply to any information provided to you through such sources.

Further, using the Digital Properties, Company Services, and or Content, including User  Content, may involve the risk of injury or illness.  Specific risks vary from one exercise, training, lifestyle, or diet change to another, and the risks range from minor injuries or illness to major injuries or illness, and in extreme instances, death.  You understand and acknowledge that performing any exercise without supervision increases your risk of injury.  You further understand and acknowledge that if you exercise with no one else present to supervise you or watch your activities, or without supervision even when others are present, you assume all risks of injury, minor or major, whether known or unknown to you.

In consideration of your use of the Digital Properties or Company Services, you understand and voluntarily accept the risks and agree to indemnify, defend and hold harmless Company and its officers, directors, employees, consultants, agents, successors and assigns, from and against any loss, liability, claim, demand, damages, costs and expenses, including all legal and other reasonable fees and expenses for investigating or defending any action or threatened action (as well as settlement costs) which any of the indemnified parties may incur in connection with any claim arising out of or resulting from: [1] any breach by you of these Terms; [2] your use of the Services, Content, your account, and/or your User  Content; and/or [3] any violation by you of any law or third-party rights, including, without limitation, for personal, bodily, or mental injury, wrongful death, emotional distress, economic loss, loss of services or other damages or harm or any damage to you, your spouse, unborn child, or other third parties resulting from your use of the Digital Properties, Company Services, or Content, including without limitation, the negligence of Company or anyone acting on Company’s behalf.  You understand and acknowledge that Company is providing informational services only and may not be held liable for defective products. 

Company hereby disclaims all warranties, express, implied, statutory or otherwise, with respect to any Services, Content, or information that it provides, including any/all information made available through the Company Services.

 

Limitation of Liability

In no event shall Company, nor any other party involved in creating, producing, or delivering the Digital Properties, Company Services, or Content, be liable: [1] to you for any punitive, special, incidental, consequential or other indirect damages (including, without limitation, damages for loss of data or goodwill, loss of programs, lost profits, cost of procurement of substitute services or cost of service interruptions) arising out of or related to the use of, or inability to use the Digital Properties or Company Services, and any and all equipment or devices received by you (if any) as part of your use of the Digital Properties or Company Services, even if Company or its agents or representatives know or have been advised of the possibility of such damages; or [2] to any person other than you for any damages whatsoever.

Company disclaims all liability, regardless of the form of action, for the acts or omissions of other User s or unauthorized Users (a/k/a “hackers”) of the Digital Properties or Company Services, except where due to Company’s gross negligence or willful misconduct.

Company expressly disclaims liability for all damages and assumes no liability or responsibility for any loss, injury, or damage suffered by any person as a result of the use, misuse, reference to, reliance on, or results obtained from any information, videos, audio or training manuals made available via or on the Digital Properties or Company Services, or from information obtained at linked sites or recommended products, or any other Content on the Digital Properties or Company Services.

In no event shall Company be liable to you or anyone else for any amount in excess of the amounts paid by you (or by a third party on your behalf, and only to the extent such amount is directly attributable to you and not another User ) to Company for access to the Digital Properties or Company Services.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or the limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.  You may also have other rights, which vary by jurisdiction.

By voluntarily choosing to use the Digital Properties or Company Services and accessing our Content, in addition to the payment of any fee or charge, you hereby waive, release, and forever discharge Company and its directors, officers, agents, contractors, employees, representatives, heirs, successors and assigns, administrators, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from your use of the Digital Properties, Company Services, and Content.  You also hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to yourself, including those caused by the negligent act or omission of any of those mentioned, or others acting on their behalf or in any way arising out of or connected with your participation use of the Digital Properties or Company Services.  This provision shall apply to all acts of negligence but shall not apply to willful or wanton acts, or those of an intentional/criminal nature.

 

Personal Data and Privacy Policy

All information provided by you or collected by us in connection with your use of our Digital Properties or Company Services including your payment information and health information (collectively your “Personal Data” or “PD”), will be collected, used and disclosed pursuant to the terms of our Privacy Policy which is incorporated herein by reference.  Company may amend its Privacy Policy from time-to-time, in its sole discretion, without being liable to you or any other person, by making an amended Privacy Policy available through our website or otherwise notifying you.  Each time you use the Digital Properties or Company Services, you consent to the collection, use, and disclosure of your PD (including your personal health information) by Company in accordance with our Privacy Policy, as amended from time to time.

 

Governing Law

This Agreement shall be interpreted, administered and enforced in accordance with the laws of the State of Georgia (exclusive of its conflict of laws rules).  Any claim or cause of action of any kind arising out of or connected with these Terms shall be adjudicated solely and exclusively in either the U.S. District Court for the Atlanta District of Georgia or the State Court of Cobb County, Georgia.  You and Company (each a “Party” and collectively the “Parties”) consent to the personal jurisdiction of such courts for this purpose and waive any objection to the personal jurisdiction or venue thereof, including forum non-convenience.  Notwithstanding the forgoing, a judgement obtained in the State of Georgia may be enforced in any other state, district or territory.

 

General Provisions

These Terms and Conditions, accepted upon first accessing the Digital Properties or Company Services, including all policies, terms and conditions or other documents and agreements you may accept and/or are incorporated by reference, constitutes the entire agreement between you and Company regarding the use of the Digital Properties or Company Services.  Any and all other written or oral agreements or understandings previously existing between you and Company with respect to use of the Digital Properties or Company Services are hereby superseded and cancelled.  If any provision of these Terms and Conditions is found unlawful, void, or unenforceable, then such provision shall be deemed severable from the rest of the Terms and shall not affect the validity and enforceability of any remaining provisions.

 

Our Communication with You

By accessing the Digital Properties, Company Services, or Content, you consent to receive communications from us regarding the use of the Digital Properties, Company Services, and Content, and authorize us to send you other communications, newsletters, or offers regrading third-party products and services.  If you do not opt-in to receive our communications, the remainder of these Terms will continue to apply to you and your use of the Digital Properties and Company Services.

 

Description of the Products and Services

Subject to the terms and conditions specified herein, Company offers Users information regarding our products and allows Users to purchase such products through the Site (the “Products and Services”). The Site also offers Users the possibility of posting reviews (or other User generated content), to establish an account, to sign up for product waitlists, participate in a contest or promotion, submit feedback or User comments, complete optional surveys, contact customer service or otherwise interact with the Site. Certain of our Products and Services require Users to provide personal information, as detailed in our Privacy Policy.

 

Collection of Customer Data

If you wish to purchase products from the Site or obtain information regarding the Products and Services, us or our e-commerce provider will obtain contact and payment information from you (“Customer Data”). Certain payment and processing options may direct you away from the Site to a third-party site. 

You agree by providing Customer Data: (i) to these Terms of Service; (ii) to provide true, accurate, current and complete Customer Data; (iii) to maintain and promptly update the Customer Data to keep it true, accurate, current and complete; (iv) for security reasons, to maintain the confidentiality of Customer Data; (vi) to ensure that you properly exit from your account at the end of each session and to immediately notify Company of any unauthorized use of your account or any other breach of security; and (vii) to take full responsibility for all activities that occur under any customer account created for your use.

Company is not responsible for any loss or damage arising from your failure to comply with the foregoing requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or to which you do not have rights, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company may suspend or terminate your account and refuse any and all current or future use of the Products and Services (or any portion thereof). By submitting your checkout data, you grant Company a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in connection with Company's performance of the Products and Services for you

 

Content of Site and Products

We are not responsible if information on the Site is not accurate, complete or current. Any reliance on the material on this site is at your own risk. Prices and descriptions for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service. 

Information on the Site regarding our products may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 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).

We undertake no obligation to update, amend or clarify information on the Site, including, without limitation, pricing information, except as required by law. No specified update to the Site should be taken to indicate that all the information in the Site has been modified or updated.

Certain products may be available exclusively online through the Site and are subject to our Return Policy. [Link to Return Policy] Certain products may be available in limited quantities. Although 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. We reserve the right to limit the quantities of any products that we offer and to discontinue any product at any time.

We reserve the right to refuse any order you place with us and, in our sole discretion, may limit or cancel quantities purchased per person or per order. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address or 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.

 

Links to Other Sites

The Site may contain links to other Internet Sites, applications and resources. Links found on the Site may let Users leave the Site and go to sites operated by parties other than the Company, including sites for payment for Products and Services or other functions. The Company does not endorse, and is not responsible or liable in any way for, any content, advertising, Products and Services or goods on or available from such Sites, applications or resources. The linked sites are not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site that is not owned and operated by the Company, or any changes or updates to such sites. Such links to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their Sites. Third parties’ sites are not subject to our Terms of Service and Privacy Policy. You should carefully review their privacy statements and other conditions of use.

 

Miscellaneous 

This Site is intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are not responsible for compliance with any and all local laws and regulations that may apply to such access. 

The laws applicable to the interpretation of this Agreement shall be the laws of the State of California, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in or having jurisdiction over Gwinnett County, Georgia. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Products and Services, that you will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation Products and Services in Gwinnett County, Georgia with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation.

 

Assignment

The Company may assign these Terms of Service at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer these Terms of Service. If any provision of this Terms of Service is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

For any questions or comments, or to report violations of this agreement, including receipt of spam from a User, contact the Company at: contact@whatwaist.com with “Terms of Service” in the subject line of your e-mail.