Revised as of December 30, 2019
BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER IN SECTION 16, YOU MAY NOT ACCESS OR USE THE SERVICES.
The Services are not targeted toward or intended for use by anyone under the age of 18. By accessing or using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
If you register to use the Services with your employer, there may be additional eligibility requirements. Any such additional requirements will be made available to you by your employer
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (each, a “Transaction”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Transaction may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Transaction. If you want to change or update your payment method information, you can do so at any time by logging into your account. You agree to maintain the security of your account on the Servicers, including the security of your password and other confidential information relating to the use of the Services and your account on the Services. You agree to be responsible for all charges resulting from the use of your account on the Services, including charges resulting from unauthorized use of your account prior to your notification of such unauthorized use to Naturally Slim.
You acknowledge that the amount billed may vary due to promotional offers, preferences you select, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
When you register for an automatically recurring subscription, you expressly acknowledge and agree that Naturally Slim (or our third-party payment processor) is authorized to charge you on a recurring basis for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues. You may cancel your subscription at any time by contacting us at firstname.lastname@example.org.
All prices on our Services are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice, including without limitation, as based on geographic or other criteria as we may establish from time to time. We will not, however, be able to notify you of changes in any applicable taxes.
All of our Services are subject to availability, and we reserve the right to impose quantity limits on any transaction, to reject all or part of a transaction, and to discontinue offering certain Services without prior notice.
From time to time, we may offer coupons or other promotions with special offers. To redeem, you must enter the promotional code found on the special offer under Payment Method during checkout. Special offers cannot be combined with other promotions. We reserve the right, without prior notice and at any time to limit or impose conditions on the honoring of any coupon or other promotion.
We will collect applicable sales, use and other tax (collectively, "Tax") on Services for which we determine we have a duty to collect Tax. If a Service is subject to Tax, you agree that the amount of Tax shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in applicable Tax rates.
All sales are final. We do not provide refunds on orders.
If you have any questions or concerns relating to your order, please contact us at: email@example.com.
Our Services may allow you to upload, store and share content, including messages, text, photos and other materials (collectively, "User Content"). Except for the license you grant below, as between you and Naturally Slim, you retain all rights in and to your User Content. You hereby grant Naturally Slim a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in all media formats and channels now known or later developed without compensation to you.
If you supply or transmit any User Content via the Services, you represent and warrant to us that you have the legal right necessary to grant us the license described above, and that such material will not violate any law or the rights of any person or entity (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Any User Content posted publicly or sent privately is the sole responsibility of the person that submitted it. Although Naturally Slim reserves the right to review or remove all User Content on the Services, we do not necessarily review all of it. As such, we do not take responsibility for any User Content provided through the Services.
You must exercise judgment and responsibility with respect to your use of our Services. You may only use the Services only for your own personal, noncommercial use. You must use the Services for lawful purposes and may not use the Services to harm others. Without limiting the generality of the foregoing, you must not:
In the case of application or feature upgrades on the Services, the Services may require you to install specific software or obtain higher quality services (such as a high-speed Internet service, monitor resolution of 1024 x 768, and supported Web browsers). Naturally Slim will disclose changed requirements on the Services and if necessary, email details to users. You are responsible for obtaining and maintaining all hardware, software, and internet connections as may be required to access the Services.
Naturally Slim grants you a limited right to access and use the Services, including the content provided in or through the Services (“Naturally Slim Content”) solely for your personal, noncommercial use. Naturally Slim Content includes all materials, text, graphics, logos, images, illustrations, designs, icons, photographs, audio clips, video clips, digital downloads, data compilations, software, testimonials, menus, and other materials that are included on the Services, applications, and portals. The Services, including all software used to provide the Services and all Naturally Slim Content, are owned by Naturally Slim and/or its licensors and are protected by trademark, patent, copyright, trade dress and/or other United States and international intellectual property protections. Unless noted to the contrary, all intellectual property rights in the Services, including such software, the Naturally Slim Content, and all trademarks, copyrights, and other intellectual property covering any aspect thereof (including but not limited to the NATURALLY SLIM word mark and logo marks, the TRUE THIN word mark and logo marks, REAL FOOD, RIGHT PORTIONS, and H2ORANGE) are owned by NS412, LLC. or its affiliates or licensors. Except for the limited right to access and use the Services provided above in this paragraph, no other right is granted, no other use is permitted, and we and our licensors expressly reserve all other rights.
Pursuant to the license granted above, you may download or copy a single copy of the Naturally Slim Content and other downloadable materials displayed on the Services for your personal, noncommercial use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Naturally Slim Content, the Services, or any related software. Any unauthorized use terminates the permission or license granted by Naturally Slim.
You agree that both the Naturally Slim Content and any download or copy of the Naturally Slim Content made for your personal use constitute “Confidential Material” that must be held in utmost confidence. Confidential Material includes all proprietary material related to the composition and implementation of the Naturally Slim Program and its constituent elements. You may not use Confidential Material to develop, sell, or market projects or services utilizing any form of such Confidential Material or based on the Naturally Slim Program. You will not disclose or permit others to disclose Confidential Material to any person or entity.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Naturally Slim on or by these Services or otherwise disclosed, submitted, or offered in connection with your use of the Services or otherwise (collectively, "Feedback") shall be and remain Naturally Slim's property. Such disclosure, submission, or offer of any Feedback shall constitute an assignment to Naturally Slim of all worldwide rights, title, and interest in all copyrights and other intellectual property in the Feedback. Accordingly, Naturally Slim will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Feedback. Naturally Slim is and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay to any user any compensation for any Feedback; or (3) to respond to any Feedback.
By creating an account, you agree that Naturally Slim may send electronic mail or contact you through the phone for the purpose of advising you of changes or additions to the Services, about any of Naturally Slim's products or services, or for such other purpose(s) as Naturally Slim deems appropriate. Upon the receipt of these communications, you will have the option to opt-out or unsubscribe from future electronic mail notifications, phone calls, or text messages. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Naturally Slim offers subscription text message programs. Customers may enroll in a text message alert program during application to participate in the program or during participation in the program. Naturally Slim does not have a separate charge for this service; however, message and data rates may apply from your mobile carrier. Subject to the terms and conditions of your mobile carrier, you may receive text messages sent to your mobile phone. By providing your consent to participate in this program, you approve any such charges from your mobile carrier. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance. Naturally Slim reserves the right to terminate this SMS service, in whole or in part, at any time without notice. The information in any message may be subject to certain time lags and/or delays. You are responsible for managing the types of SMS texts you receive. If you have any questions or need help please contact Naturally Slim support through the options available to you on the website or the mobile app or text HELP to 58845. Carriers are not liable for delayed or undelivered messages.
To stop receiving text messages you may change your opt-in preference through your online profile or text STOP in reply to the message you received. By enrolling in this subscription program, you consent that following such a request to unsubscribe, you may receive one (1) final message from Naturally Slim confirming that you have been inactivated in our system. Following such confirmation message, no additional text messages will be sent unless you re-activate your subscription.
Naturally Slim may use an automatic dialing system to deliver text messages to you. The Federal Communications Commission defines an "automatic telephone dialing system" or autodialer as equipment that has the capacity to store or produce telephone numbers to be called and to call such numbers. 47 C.F.R. § 64.1200. By your subscription to either, or both, the one-time text message program or the subscription text message program, you give your consent to Naturally Slim to use an automatic dialing system to deliver text messages to the telephone or cell phone number to which you have directed Naturally Slim to transmit these text messages.
We may display content, advertisements and promotions from third parties through the Services (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.
THE SERVICES PROVIDE WEIGHT LOSS MANAGEMENT AND INFORMATION AND ARE INTENDED ONLY TO ASSIST USERS IN THEIR PERSONAL WEIGHT LOSS EFFORTS. YOU SHOULD ALWAYS CONSULT WITH YOUR HEALTH CARE PROVIDER BEFORE PARTICIPATING IN ANY WEIGHT LOSS PROGRAM. NATURALLY SLIM IS NOT A MEDICAL ORGANIZATION, AND OUR STAFF CANNOT GIVE YOU MEDICAL ADVICE OR A DIAGNOSIS. NOTHING CONTAINED IN THESE SERVICES SHOULD BE CONSTRUED AS MEDICAL ADVICE OR A DIAGNOSIS. THE NATURALLY SLIM CONTENT AND SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR YOUR OWN SOUND AND REASONABLY PRUDENT JUDGEMENT, AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD CONSULT WITH YOUR PERSONAL PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL IF YOU HAVE ANY HEALTHCARE RELATED QUESTIONS OR BEFORE EMBARKING ON A NEW DIET OR FITNESS PROGRAM. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE NATURALLY SLIM SERVICES. NATURALLY SLIM EXPRESSLY DISCLAIMS ANY LIABILITY, LOSS, DAMAGE, OR INJURY CAUSED BY INFORMATION CONTAINED ON THE SERVICES.
THE INFORMATION SHOULD NOT BE USED FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. NOT ALL DIET AND EXERCISE PLANS SUIT EVERYONE. THE SERVICES MAY INCLUDE INDIVIDUAL EXAMPLES OF RESULTS; HOWEVER, SUCH RESULTS MAY NOT BE TYPICAL. THE SERVICES IS NOT INTENDED FOR USE BY MINORS, PREGNANT WOMEN, OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION SUCH THAT YOUR PHYSICIAN ADVISES AGAINST USING THE SERVICES. ALL INDIVIDUALS ARE SPECIFICALLY WARNED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY FORM OF WEIGHT LOSS EFFORT OR REGIMEN.
YOUR RELIANCE ON THE SERVICES AND NATURALLY SLIM CONTENT OBTAINED OR USED BY YOU IS SOLELY AT YOUR OWN RISK, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW.
From time to time there may be information on the Services that contains typographical errors, inaccuracies, or omissions. We may correct errors, inaccuracies, or omissions and change or update information at any time without notice. We apologize for any inconvenience this may cause you.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SERVICES, AND THAT NATURALLY SLIM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THESE SERVICES.
Some states may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. But, to the extent permitted by applicable law, we exclude all warranties.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Naturally Slim, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Naturally Slim Parties”), from and against all actual or alleged Naturally Slim Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the Services or Naturally Slim Content by you or any third party you authorize to access or use such Services or Naturally Slim Content, (b) any User Content you create, post, share or store on or through the Services or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, and (e) your violation of the rights of another. You agree to promptly notify Naturally Slim of any third party Claims, cooperate with the Naturally Slim Parties in defending such Claims and pay all of Naturally Slim fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the Naturally Slim Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Naturally Slim.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE NATURALLY SLIM PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SERVICES, NATURALLY SLIM CONTENT, USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY NATURALLY SLIM PARTY, OR FROM EVENTS BEYOND THE NATURALLY SLIM PARTIES’ REASONABLE CONTROL, SUCH AS SERVICE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE NATURALLY SLIM PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE NATURALLY SLIM PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO ACCESS OR USE OF THE SERVICES OR NATURALLY SLIM CONTENT, EXCEED THE GREATER OF THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE, OR IF YOU HAVE NOT PAID NATURALLY SLIM FOR THE USE OF THE SERVICES, THE AMOUNT OF $100. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE NATURALLY SLIM PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge the Naturally Slim Parties from and against, and covenant not to sue any such Naturally Slim Party for, all claims you have or may have arising out of or in any way related to these Terms. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Site infringes any copyright that you own or control, you may notify Naturally Slim’s Designated Agent as follows:
Designated Agent: NS412, LLC
Attn: Privacy Officer
Address: 12712 Park Central Drive,
Dallas, Texas 75251
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
These Terms are effective unless and until terminated by either you or Naturally Slim. You may terminate these Terms at any time by ceasing any and all use of the Services. Naturally Slim may terminate these Terms at any time without notice and deny you access to the Services, if in Naturally Slim's sole discretion, you fail to comply with any term or provision of these Terms. Any termination of these Terms shall not limit Naturally Slim's other rights and remedies available under law or equity. Upon any termination of these Terms by either you or Naturally Slim, you must promptly destroy all materials downloaded or otherwise obtained from these Services, as well as all copies of such materials, whether made under these Terms or otherwise.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Naturally Slim and limits the manner in which you can seek relief from us, including a class action waiver. This Section 16 applies to all Disputes (unless excluded under Section 16.1) between you and the Naturally Slim Parties.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Naturally Slim agree (a) to waive your and Naturally Slim’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services or Naturally Slim Content, resolved in a court, and (b) to waive your and Naturally Slim’s respective rights to a jury trial. Instead, you and Naturally Slim agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
You and Naturally Slim agree that these Terms affect interstate commerce and that the enforceability of this Section 16 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
You and Naturally Slim agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Naturally Slim shall be sent by certified mail or courier to 12712 Park Central Drive, Suite 300, Dallas, Texas 75251, firstname.lastname@example.org. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 7 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Naturally Slim cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Naturally Slim may, as appropriate and in accordance with this Section 16, commence an arbitration proceeding or, to the extent specifically provided for in Section 16.1, file a claim in court.
Except for Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Naturally Slim agree that any Dispute must be commenced or filed by you or Naturally Slim within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Naturally Slim will no longer have the right to assert such claim regarding the Dispute). You and Naturally Slim agree that (a) any arbitration will occur (i) in Dallas, Texas, (ii) in the county where you reside, or (iii) telephonically, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth herein (“AAA Rules”), which are hereby incorporated by reference, and (c) that the seat of the arbitration shall be Dallas, Texas and that state or federal courts of the State of Texas and the United States, respectively, sitting in Dallas, Texas, have exclusive jurisdiction over any litigation in aid of arbitration and the enforcement of any arbitration awards. The parties shall attempt to agree on the single arbitrator to be appointed to resolve the dispute. If the parties are unable to reach agreement within 30 days after commencement of the arbitration with the AAA, the arbitrator selection process identified in the AAA Consumer Arbitration Rules shall apply. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court. Each party shall be responsible for its costs incurred in such arbitration, but the arbitrator shall not have the authority to re-allocate those costs in an award or otherwise. If you cannot afford to pay for the arbitration, you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. As part of the arbitration, both you and Naturally Slim will have the opportunity to reasonable discovery of non-privileged information that is relevant and material to the Dispute, including the ability to request from each other, and third parties, documents, information and testimony that is relevant and material to the Dispute.
As limited by the FAA, these Terms and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The AAA Rules and additional information about the AAA are available on the AAA website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the AAA Rules, or (b) waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.
If any term, clause or provision of this Section 16 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 16 will remain valid and enforceable. Further, the waivers set forth in Section 16.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 16 by writing to:
Attn: Privacy Officer
Address: 12712 Park Central Drive,
Dallas, Texas 75251
In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.
These Terms, and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of Texas, without regard to conflict of law rules or principles (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis in the state or federal courts of the State of Texas and the United States, respectively, sitting in Dallas, Texas.
Naturally Slim may change, move, edit, modify, restrict access to, discontinue or delete portions of, or may add to, the Services from time to time and without notice. Naturally Slim reserves the right to change, modify, add to, delete, or otherwise alter these Terms at Naturally Slim’s sole discretion at any time. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Effective Date” date at the beginning of these Terms. Such changes and/or modifications shall be effective immediately upon their posting and can be viewable by periodically clicking on this link. Please print a copy of these Terms for your records. Your use of the Services following any such change constitutes your agreement to follow and be bound by the revised Terms. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you may not access or use the Services.
If any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
A failure on the part of Naturally Slim to enforce any part of these Terms shall not constitute a waiver of any of Naturally Slim's rights under these Terms, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of Naturally Slim shall have legal effect.
Unless otherwise specified and except to the extent Naturally Slim products or services are offered for sale in the United States through these Services, these Services and the Naturally Slim Content thereof are displayed solely for the purpose of promoting Naturally Slim's products and services available in the United States and select foreign markets. These Services are controlled and operated by Naturally Slim from its offices in Garland, Texas. These Terms shall be construed in accordance with the laws of the State of Texas, without regard to any conflict of law provisions.
If you access an App via a mobile device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS (an “Apple Device”), the following terms (“Apple Terms”) are hereby made part of these Terms:
If these Apple Terms conflict with any other provision of these Terms, then the Apple Terms control with respect to access and use of the Digital Services via an Apple Device. Apple is not a party to these Terms and does not own and is not responsible for any App you access via your Apple Device (“iOS App”) and the content thereof. The Apple App Store Terms of Service (the “App Store Terms of Service”) control to the extent of any conflict with these Terms with respect to an iOS App. The license granted to use an iOS App is limited to a non-transferable license to use the App on an Apple Device that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any iOS App. In the event of any failure of the iOS App to conform to any applicable warranty provided by Naturally Slim in these Terms, you may notify Apple and Apple will refund the purchase price for the iOS App (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Apple is not responsible for addressing your or any third-party claims relating to an iOS App and/or use of an iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that an iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. It is not the intent of these Terms to limit Naturally Slim’s liability beyond what is permitted by applicable law. In the event of any third party claim that an iOS App or your possession and use (in accordance with these Terms) of an iOS App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to any iOS App, and that, upon your acceptance of these Terms, Apple has the right (and deemed to have accepted the right) to enforce the Terms against you with respect to the iOS App as a third-party beneficiary thereof. Please direct any questions, complaints or claims with respect to an iOS App to Naturally Slim at the contact information provided below.