Sculpted Soul Terms & Conditions
Effective Date: 6.07.18
SCULPTED SOUL, Inc. ("Sculpted Soul" "we" or "us" or "our") owns and operates the website, www.karinaheinrich.com, the mobile version, certain apps, all underlying software, and any sites we have now or in the future that reference these Terms & Conditions (collectively the "Website").
These Terms & Conditions ("Terms") govern your access to and use of the Website. By accessing or using the Website (including all content and functionality), you signify your agreement to these Terms and any additional terms applicable to certain programs in which you may elect to participate. If you do not agree to these terms, please cease using and/or accessing the Website.
We may, in our sole discretion, modify or revise these Terms at any time by posting the changes on the Website. The "Last Updated" legend above indicates when these Terms were last changed. Any changes are effective immediately upon posting to the Website. Continued use of the Website following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms.
These Terms apply to all users of the Website, including users who are also contributors of any content, information, and other materials or services on the Website. The Website includes, but is not limited to, all information, content, artwork, text, music, products, software and services offered via the Website.
2. Purchase-Related Policies
These Terms govern your access to and use of the Website. Additional terms and conditions apply to your purchase of Sculpted Soul products or services (such as order processing, shipping and handling, returns, and exchanges) (collectively "Purchase-Related Policies"). You acknowledge and agree that your rights and responsibilities will be governed by such other Purchase-Related Policies as provided in the applicable purchase agreements. In the event there is a conflict between these Terms and the terms provided in an applicable Purchase-Related Policy for any product or service offered through the Sculpted Soul Website, the terms of such Purchase-Related Policy will govern. You can access our Purchase-Related Polices at http://www.karinaheinrich.com
3. Accuracy of Information
Our goal is to provide complete, accurate, up-to-date information on our Website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. While we try our best, the Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We also have made every effort to display as accurately as possible the colors of our products that appear on our Website. We reserve the right to correct any errors, inaccuracies or omissions - including after an order has been submitted - and to change, update, or remove any contents, links, or resources provided on our Website at any time, and for any reason, without prior notice. We sincerely apologize for any inconvenience this may cause. You may not rely on any information and opinions expressed on the Website for any other purpose than permitted by these Terms. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
4. Intellectual Property Rights
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Mobile App are the registered and/or unregistered Trademarks of Sculptured Soul, or such other third party that may own the displayed Trademarks. Nothing contained on this Website or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Website without the written permission of Sculptured Soul or such other third party that may own the displayed Trademarks.
As between you and Sculpted Soul, all right, title, and interest in and to the Website and its content, features, and functionality, including, but not limited to, products, information, materials, text, graphics, photographs, video, podcasts, displays, images, audio, music, button icons, data compilations, software, other works of authorship, and the design, selection, arrangement, and compilation thereof (the "Content"), and all intellectual property rights in the Website, are retained by Sculpted Soul, our affiliates, our partners, our licensees or our licensors, and are protected by copyright, patent, intellectual property, and other laws of the United States and foreign countries.
You may use the Website for your personal, non-commercial use only. No right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by Sculpted Soul. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content on our Website, except as follows:
Your computer may temporarily store copies of such Content incidental to your accessing and viewing those Content.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use related to your own personal education, shopping or placing an order for services or goods with Sculpted Soul, and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications, or any Sculpted Soul products for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications or any additional terms for Sculpted Soul products.
If we provide social media features with certain Content, you may take such actions as are enabled by such features.
You will not:
Modify copies of any Content from this Website, except as explicitly permitted by the additional terms of any Sculpted Soul product.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of Content from this Website.
Access or use for any commercial purposes any part of the Website or any services or Content available through the Website.
Except as set forth in this Section, if you access or use, or provide any other person with access, to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.
The trademarks, logos, and service marks displayed on the Website are the registered and unregistered marks of Sculpted Soul, our affiliates, our licensors, our licensees or our partners, in the United States and other countries, and are protected by U.S. and international trademark laws. All other trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
5. Prohibited Uses of the Website
When using the Website, you shall not:
(i) Disrupt, damage, interfere with, violate the security of, or attempt to gain unauthorized access to, the Website or any computer network;
(ii) Circumvent any technological measure implemented by Sculpted Soul or any of our providers or any other third party (including another user of the Website) to protect the Website;
(iii) Use our Website in any manner that could disable, overburden, damage, or impair our website or interfere with any other party’s use of our Website, including their ability to engage in real time activities through our Website;
(iv) Upload, transmit, distribute, or run any computer virus, worm, Trojan horse, logic bomb, or any computer code or other material that could harm or alter a computer, portable device, computer network, communication network, data, the Website, or any other system, device or property;
(v) Use any software robots, spiders, crawlers, or other automatic device, process or means to access our Website for any purpose, including monitoring or copying any of the Content on our Website;
(vi) Transmit, or cause the sending of any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam" or any other similar solicitation;
(vii) Attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user; or jeopardize the security of your account or anyone else’s account (for example, by allowing another individual to login into the Website as you);
(viii) Impersonate or attempt to impersonate Sculpted Soul, an Sculpted Soul employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
(ix) Use our Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(x) Send, knowingly receive, upload, download, use or re-use any Content that does not comply with the standards and requirements set out in Sections 4, 5 and 9 of these Terms;
(xi) Engage in any other conduct, including but not limited to posting on or using the Website's online forums, that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us, may harm us or users of our Website or expose them to liability; or
(xii) Otherwise attempt to interfere with the proper working of our Website.
6. Your Account, Payment and Pricing
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are using a public computer, we strongly encourage you to log out of your account at the conclusion of your session. Your information will still be stored with us but it will not be accessible to anyone else from that computer.
You are responsible for ensuring that all information you provide on our Website is correct, current, and complete. You agree that you will not provide any false or misleading information during the registration process.
If you are accessing and using the Website on someone else's behalf, you represent that you have the authority to bind that person as a principal to these Terms, and you agree to accept liability for harm caused by any wrongful use of the Website resulting from such access or use.
You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security that you become aware of.
7. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on this Website; (ii) send emails or other communications with certain Content, or links to certain Content, on this Website; (iii) cause portions of Content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you; (ii) cause our Website or any portion of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (iii) link to any part of the Website other than the homepage; (iv) otherwise take any action with respect to the Content on this Website that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the standards and requirements set forth in Sections 4 and 5 of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link. We may also disable all or any social media features and any links at any time without notice in our discretion.
8. Third Party Links
Our Website may include content or links and resources provided by third parties. We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant, approve, endorse, or make any representations with respect to any off-Website pages, or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, resources, products, services, or any offerings of such pages and websites.
We welcome inquiries or feedback on the services or products you use or might like to purchase. However it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas, materials, comments, or other information you provide to us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant and agree to grant to us and our service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, adapt, distribute, create derivative works from, compile, arrange, display, and otherwise disclose to third parties any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. While such Submissions will be treated as non-proprietary and non-confidential, we will not use your name unless we are required by law to identify the source of the Submission, or unless we first obtain your permission.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission complies with the standards and requirements in Sections 4 and 5 of these Terms. You may not use false identifying information or contact information, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.
10. Mobile Services.
The Website may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts), and (b) the ability to access the Website from your mobile phone (Mobile Web) (collectively, the "Mobile Services"). We do not charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will still apply. Certain Mobile Services may be incompatible with your carrier or mobile device. By using the Mobile Services you give express consent and agree that we may communicate with you regarding the Website and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us. We do not charge for Mobile Services. Your carrier’s normal messaging; data and other rates and fees will still apply.
You agree that in connection with the Mobile Services for which you are registered for, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on the Website to reflect this change.
You agree to defend, indemnify and hold Sculpted Soul, its directors, officers, employees, shareholders, affiliates, contractors, agents, licensors, and suppliers harmless for any liabilities, claims, demands, losses, or expenses, including attorneys’ fees, made by any third party due to or arising out of or in connection with your use of the Website or breach of these terms.
12. COOKIE AND TRACKING TECHNOLOGY NOTICE AND DISCLAIMERS
13. Representations and Warranties; Disclaimer of Warranties; Limitation of Liability
Your use of the Website and Content is at your sole discretion and risk. Karinaheinrich.com, Sculpted Soul, LLC and any other site or app where this disclaimer is posted will not be responsible for any harm to your computer or mobile device, loss of data or other harm that results from your use of the Website or Content. You acknowledge and agree that Sculpted Soul will not be liable for any damages whatsoever relating to your use or evaluation of the Service. Sculpted Soul does not make any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Website or Content; or (ii) that the Website or Content will be error-free or that any errors will be corrected.
Medical Disclaimer. The Website or Content and other services and information presented by Sculpted Soul through the Website or Content are for educational purposes only and are in no way intended to diagnose, cure, or treat any medical or other health condition. The Website, including any Content therein, does not constitute medical advice and is not intended to be and should not be used in place of the advice of your physician. Before starting any diet or fitness program through the Website or Content, consult your physician to determine if such program is right for your needs. Do not start a diet or fitness program through the Website or Content if your physician or healthcare provider advises against it. Do not start this program if your physician or health care provider advises against it. Sculpted Soul reserves the right to cancel your account or use of the Website or Content if you inform us (or if we otherwise determine) that you have certain medical conditions. The transmission and receipt of the Website and any content therein does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and Sculpted Soul.
The Website and Content, and all materials, information, products and services included therein, are provided on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis without warranties of any kind. SCULPTED SOUL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, SERVICE AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. No advice or information, whether oral or written, obtained by you from Sculpted Soul, will create any warranty not expressly stated in these Terms of Service.
This site offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.
Developments in medical research may impact the health, fitness and nutritional advice that appear here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.
If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
14. Disputes; Governing Law
You agree that the Terms and any claim, dispute, action, cause of action, issue or request for relief between you and Sculpted Soul arising out of or relating to these Terms, your visit to our Website, or to products or services purchased via our Website (collectively "Disputes") will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
If a Dispute arises between you and Sculpted Soul, our goal is to learn about and address your concerns. You agree that you will notify Sculpted Soul about any Dispute you have with us regarding these Terms, our Website, or our products or services by contacting Sculpted Soul at email@example.com. We’ll try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 90 days after submission, you or Sculpted Soul may bring a formal proceeding.
Sculpted Soul is the owner of this Website and is based in the state of Illinois in the United States. We make no claims that the Website or any of its Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
15. Binding Arbitration
You and Sculpted Soul agree to submit all Disputes to confidential arbitration on an individual and purely bilateral, non-class/non-representative basis. Arbitration on an individual basis is the exclusive remedy for any claims which might otherwise be brought on a class, collective or representative basis between you and Sculpted Soul.
This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 (the "FAA") and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall take place in Atlanta Georgia. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You and Sculpted Soul shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, you and Sculpted Soul shall each separately pay your or its own attorneys’ fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, the entire agreement to arbitrate shall be void if the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason.
Notwithstanding the above, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court with jurisdiction, whether or not it is in Georgia. You consent to exclusive jurisdiction and venue in such courts.
16. Limitation on Claims
Regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.
17. Copyright Complaints.
COPYRIGHT DISPUTE POLICY
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent can be reached at firstname.lastname@example.org.
To be effective, your infringement notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. Sculptured Soul will remove or disable access to the content that is alleged to be infringing;
2. Sculptured Soul will forward the written notification to the alleged infringer; and
3. Sculptured Soul will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Sculptured Soul, the alleged infringer will have the opportunity to respond to Sculptured Soul with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Sculptured Soul’s designated copyright agent, and must include the following:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Sculptured Soul may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our email@example.com
18. Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use the Website. We may, with or without prior notice, terminate any of the rights granted by these Terms without cause. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
You may also cancel your account at any time by contacting customer service at firstname.lastname@example.org.
19. Entire Agreement; Waiver; Severability; Electronic Communications.
Nothing contained in these Terms shall be construed as creating any agency, joint venture, employment, partnership, or other form of joint enterprise between you and Sculpted Soul. Sculpted Soul’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms.
If a court or tribunal should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law. We will amend or replace such provisions with ones that are valid and enforceable and which achieve, to the extent possible, our original objectives and intent as reflected in the original provisions.
By registering via this Website or by sending e-mails or text messages to us, you are communicating with us electronically. And in doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail, text message, or by posting notices on this Website. 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.
You expressly release us from any claim of harm resulting from a cause beyond our control, including, without limitation, failure of electronic or mechanical equipment or communication lines, Access Devices, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars or governmental restrictions.
If you have any questions regarding these Terms, please contact us by email at email@example.com.