SECTION 1 — SITE AND SERVICES USE

Our Services are intended for persons aged 17 years or older. . If you use our Services, and you are not the legal age of majority in your state or province or residence, you are affirming that you have either received permission from your parent or guardian to use our Services or you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

If you use our Services on a mobile application such as Apple or Google Play, you also agree to that mobile application platform’s terms and conditions. 

SECTION 2 — INTELLECTUAL PROPERTY RIGHTS

Our Limited License to You. Our Services and all the materials available on our Services are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. Our Services are  provided solely for your personal noncommercial use. You may not use our Services or the materials available on our Services in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works from, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from our Services.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via our Services, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a personal, revocable, limited, non-exclusive, royalty‐free, non-transferable license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. 

You acknowledge and agree that any contributions originally created by you for us shall be deemed a "work made for hire" when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to WESHAPE from their creation. Thus, WESHAPE shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as WESHAPE determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a "work made for hire" under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, assign, convey and transfer to WESHAPE all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co‐owned by us.

You acknowledge that WESHAPE has the right but not the obligation to use and display any postings or contributions of any kind and that WESHAPE may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to our Services so long as the link does not state or imply any sponsorship of your site by us or by our Services. However, you may not, without our prior written permission, frame, deep link, or inline link any of the content of our Services, or incorporate into another website or other service any of our material, content or intellectual property.

SECTION 3 — ADDITIONAL SITE USER RESTRICTIONS

You agree not to use or attempt to use our Services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through our Services including, but not limited to: (1) hacking and other digital or physical attacks on our Services; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

SECTION 4 — OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your non‐public, personal information. Your submission of personal information through our Services and online store is governed by our Privacy Policy. Our Privacy Policy may be viewed at http://www.weshape.com/privacy-policy/. WESHAPE reserves the right to modify its Privacy Policy in its reasonable discretion from time‐to‐time. Our Privacy Policy is incorporated into this Agreement by reference.

SECTION 5 — INFORMATION YOU PROVIDE; REGISTRATION AND PASSWORDS

To use certain features of our Services, you will need a username and password, which you will receive through the registration process. You represent and warrant that all of the information you provide to us is truthful and accurate, and that you are not impersonating another person. You alone are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You agree that WESHAPE is not liable, and you will hold WESHAPE harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 19 below for additional information.

SECTION 6 — ORDER PLACEMENT AND ACCEPTANCE; METHOD OF PAYMENT

You agree that any products or services that you purchase from us and/or our Services will be used for your personal, non‐commercial use. You agree that you will not re‐sell, re‐distribute, or export any product that you order from our Services.

If you are enrolling in our subscription program or ordering a product or service, payment must be received by WESHAPE before your enrollment or order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at support@weshape.com in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, your payment will be refunded to the card provided at the time of checkout.

Your order is conditioned upon you reaffirming your agreement to this Agreement. Once we receive your authorized order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery. All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product. If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order.

WESHAPE does not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on our Services. If we discover that you are placing orders with the intent to resell items offered on our Services, we will immediately cancel your order, suspend or terminate your account, and, at our option, pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as attempting to purchase or purchasing products through the use of fake or stolen cards, WESHAPE will report you to federal, state, and/or local enforcement authorities and take any additional legal action deemed appropriate by WESHAPE.

We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case‐by‐case basis at our sole and exclusive discretion.
All advertised prices are in, and all payments shall be in, U.S. Dollars.

SECTION 7 — EXERCISE TRAINING FREE TRIAL OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION

Where we offer you a free trial of WESHAPE's exercise training, such free trial will start immediately after your registration and continue for the free trial offer period as indicated on our Services at the time you register. Free trial subscriptions are only available to new subscribers of WESHAPE and for the limited periods as set out on our Services. Previous subscribers or those subscribers who have already benefited from a free trial subscription to WESHAPE's training do not qualify for a further free trial period.

If you do not cancel before the end of your free trial period in the settings of your app or in your account, you will be charged the full WESHAPE monthly membership subscription rate provided at the time of enrollment for the frequency that you selected until you cancel. You may cancel during your free trial period or cancel your subscription any time either online in your account or in your app. If you have questions on how to cancel your subscription,  email our support email address support@weshape.com or by calling +1 (844) 990-2456. WESHAPE can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you and give you an opportunity to cancel.

SECTION 8 — PRODUCT SUBSCRIPTION PLAN, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION

When using our Services, you may have the option of purchasing a product or service one time or through WESHAPE's subscription plan where the payment card you provide at the time of enrollment is automatically charged every month, three (3) months, or twelve (12) months until you cancel.

IF YOU ENROLL IN THE WESHAPE SUBSCRIPTION PLAN, THE PAYMENT CARD YOU PROVIDE AT YOUR INITIAL PURCHASE OR OTHERWISE ON FILE WITH US WILL BE AUTOMATICALLY BILLED AND, IF A PHYSICAL PRODUCT, SHIPPED TO YOU IN ACCORDANCE WITH THE TERMS OF YOUR SUBSCRIPTION PLAN FROM THE DATE OF YOUR INITIAL ENROLLMENT UNLESS YOU CANCEL. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION, YOU MAY DO SO AT ANY TIME, HOWEVER, YOU MUST CANCEL YOUR SUBSCRIPTION FOURTEEN (14) DAYS PRIOR TO THE SHIPMENT OF YOUR NEXT SCHEDULED ORDER. TO CANCEL YOUR SUBSCRIPTION, YOU CAN CANCEL IN THE SETTINGS OF YOUR APP. IF YOU HAVE ANY QUESTIONS ABOUT HOW TO CANCEL SIMPLY EMAIL US AT SUPPORT@WESHAPE.COM OR CALL +1 (844) 990-2456.

SECTION 9 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, and accurate name, contact, and payment account information for all purchases made on our Services. You agree to promptly update your account and other information, including your email address and credit and other payment card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse or limit any order you place with us. We reserve the right to cancel any order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to us, or for any other reason that we, in our sole discretion, believe appropriate.
If you choose to enroll in any of WESHAPE's subscription offers using a credit card and your credit card fails to process for a subsequent shipment, you agree that we may continue attempting to process your payment as well as contact you on any phone number (including a cell phone number) or e‐mail address provided by you for alternate payment information. If you fail to pay for any product or service received, your account may be sent for collection. In the event we start collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 19 below.

SECTION 10 — SHIPPING FEES

Unless otherwise stated on our Services at the time of purchase, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good‐faith estimates and are subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery. If your order will be delayed, we will contact you at the e‐mail address you provided when placing your order. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier. We reserve the right to reject orders where the stated delivery address is within a geographic region that we do not service.

SECTION 11 — PRODUCTS AND PRICES AVAILABLE ON THE SITE

WESHAPE reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.

WESHAPE takes reasonable steps to ensure that the prices set forth on our Services are correct, and to accurately describe and display the items available on our Services. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

When ordering products, please note that WESHAPE does not warrant that product or service descriptions are accurate, complete, current, or error‐free, or that packaging will match the actual product that you receive. If any item described on our Services is not as described when you receive it, or the packaging on our Services do not match what you receive, your sole remedy is provided in Section 22 below (as applicable). All sales are deemed final except as provided in Section 22 below.

SECTION 12 — IMPORTANT WARNINGS/YOUR OBLIGATIONS/YOUR INDIVIDUAL RESULTS WILL VARY

IMPORTANT WARNING: YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER FITNESS PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING OR HAVE EXPERIENCED CHEST PAIN IN THE PAST MONTH WHEN NOT ENGAGED IN PHYSICAL ACTIVITY, SMOKE, HAVE HIGH CHOLESTEROL, ARE OBESE, HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY, HAVE RECENTLY HAD SURGERY, ARE PREGNANT OR MAY BECOME PREGNANT, OR HAVE RECENTLY GIVEN BIRTH . DO NOT START THIS FITNESS PROGRAM IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING YOU SHOULD STOP IMMEDIATELY.

OUR SERVICES OFFER HEALTH, FITNESS AND RECIPE SUGGESTIONS 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. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

YOU AGREE TO CONSULT YOUR DOCTOR BEFORE BEGINNING ANY EXERCISE OR DIET PROGRAM OVER THE SITE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME ANY AND ALL PHYSICAL, HEALTH, AND OTHER RISKS INVOLVED IN ANY EXERCISE OR DIET PROGRAM.

Every person has a different body and history, and, therefore, individual results will vary from user to user. YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOU, SUCH AS YOUR HEALTH, GENETICS, DIET, AND LEVEL OF EXERCISE.

If, after consulting your medical provider, you are comfortable with proceeding with our products and services, it is important that you wear appropriate exercise attire while engaging in the exercise regimen.

SECTION 13 — NO MEDICAL DIAGNOSIS OR TREATMENT

WESHAPE IS COMMITTED TO HELPING YOU LOSE WEIGHT AND IMPROVE YOUR LIFESTYLE. YOU UNDERSTAND, HOWEVER, THAT OUR PRODUCTS, SERVICES, AND THE STATEMENTS ON OUR SERVICES HAVE NOT BEEN EVALUATED BY THE FOOD & DRUG ADMINISTRATION OR MEDICAL PROFESSIONALS, AND OUR PRODUCTS, SERVICES, AND THE INFORMATION ON THE SITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY HEALTH PROBLEMS, ILLNESSES, OR DISEASES. THE INFORMATION ON THE SITE OR PROVIDED TO YOU IN E‐MAILS OR OTHER COMMUNICATIONS IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR INFORMED MEDICAL ADVICE OR CARE. YOU FURTHER UNDERSTAND THAT OUR PRODUCTS AND SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER 17 YEARS OF AGE AND THAT THE PRODUCTS AND SERVICES ARE NOT TO BE USED TO TREAT ANY TYPE OF MEDICAL CONDITION OR HEALTH PROBLEM. THE DIETARY NEEDS OF MINOR CHILDREN AND PERSONS WITH MEDICAL CONDITIONS ARE DIFFERENT FROM THOSE OF HEALTHY ADULTS. YOU AGREE THAT YOU EITHER HAVE CONSULTED, OR WILL CONSULT, WITH A PHYSICIAN OR DOCTOR BEFORE USING ANY OF OUR PRODUCTS OR SERVICES, PARTICULARLY IF YOU SUFFER FROM ANY MEDICAL CONDITION INCLUDING, BUT NOT LIMITED TO, HEART DISEASE, HIGH BLOOD PRESSURE, OBESITY, BLOOD CIRCULATION PROBLEMS, BREATHING PROBLEMS, OR ANY OTHER CONDITIONS OR DISORDERS, AND YOU AGREE THAT YOU WILL CEASE IMMEDIATELY FROM USING OUR PRODUCTS AND SERVICES IF YOU EXPERIENCE ANY ILL EFFECTS OR UNINTENDED SIDE EFFECTS OF ANY PRODUCT.
WESHAPE DOES NOT WARRANT OR REPRESENT THAT YOUR RESULTS WILL MATCH THOSE OF OTHERS WHO USE OUR PRODUCTS OR SERVICES. YOUR RESULTS WILL VARY.

THE PRODUCT DISCLAIMERS DESCRIBED ABOVE ARE INAPPLICABLE WHERE PROHIBITED BY LAW.

SECTION 14 — FOOD ALLERGY DISCLAIMER

WESHAPE MAKES EVERY EFFORT TO PROVIDE ACCURATE NUTRITION AND INGREDIENT INFORMATION FOR EVERY PRODUCT ON OUR SITE. WE TAKE PRODUCT SAFETY VERY SERIOUSLY. HOWEVER, THERE IS ALWAYS A RISK OF CROSS‐CONTAMINATION. THERE IS ALSO A POSSIBILITY THAT MANUFACTURERS OF THE PRODUCTS WE USE COULD CHANGE THE FORMULATION AT ANY TIME, WITHOUT NOTICE.
PLEASE BE AWARE THAT OUR FACILITY MAY HANDLE NUTS AND FOODS THAT MAY CONTAIN NUTS OR NUT OILS.

CUSTOMERS CONCERNED WITH FOOD ALLERGIES NEED TO BE AWARE OF THESE RISKS AND UNDERSTAND THAT THE CONSUMPTION OF SUPPLEMENTS PROVIDED BY WESHAPE IS AT THEIR OWN RISK.
THE SAME HOLDS TRUE FOR THE RECIPES THAT WE MAY SUGGEST AS PART OF YOUR SUBSCRIPTION.

SECTION 15 — DISCLAIMERS OF OTHER WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:

TO USE, THE SITE, OUR PRODUCTS, AND OUR SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS, SERVICES, AND PRODUCTS CONTAINED AND OFFERED ON OUR SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON OUR SERVICES. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR‐FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE OUR SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SITE OR ANY PRODUCT OR SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE EXCLUSIONS LISTED THROUGHOUT THESE TERMS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH STATES, ALL WARRANTIES ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 16 — LIMITATIONS OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO CASE SHALL WESHAPE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OR ATTEMPTED USE OF ANY PART OF THE SITE OR ANY PRODUCTS OR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR ATTEMPTED USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR SERVICESOR ANY CONTENT, PRODUCT, OR SERVICE POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE, EVEN IF ADVISED OF THEIR POSSIBILITY.

IF, NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, WESHAPE IS FOUND LIABLE UNDER ANY THEORY, WESHAPE'S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE LESSER OF (I) USD $1,000.00, OR (II) THE TOTAL AMOUNT OF MONEY YOU PAID TO WESHAPE IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT ON WHICH YOUR ALLEGED CLAIM IS BASED. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER WESHAPE WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.

SECTION 17 — DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER 

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at support@weshape.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use or purchase of our Services, any product, or service, these Terms, the Privacy Policy, any communications you receive from us (either directly or indirectly), and/or  your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association ("AAA"), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you will also be subject to this arbitration provision, except as provided in Sections 18 and 19 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Santa Cruz, California, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Arbitration Rules and Procedures, Supplementary Procedures for Consumer‐Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA's Rules are available at www.adr.org or by calling 1‐800‐778‐7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non‐signatory to this agreement and whether a non‐signatory to this agreement can enforce this provision against you or WESHAPE.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of your residence without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1‐16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and WESHAPE agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and WESHAPE expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120‐day informal resolution procedures described above).

An arbitrator shall be empowered to provide all rights and remedies available to you in state or federal court, including any claims for public injunctive relief.
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. Sections 1‐16, as amended.

This provision survives termination of your account or relationship with WESHAPE, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement, the parties agree any such claim or dispute shall be exclusively brought in and decided by the federal and state courts located in or covering Santa Cruz, California, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts' exclusive jurisdiction or venue. All such claims must be brought on an individual and non‐class, non‐representative basis, and you and WESHAPE forever waive any right to bring such claims on a class wide or representative basis.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION. YOU MAY ASSERT CLAIMS OR SEEK RELIEF IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. 

YOU HAVE THE RIGHT TO OPT‐OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT OR SERVICE PURCHASED (WHICHEVER COMES FIRST) BY WRITING TO US AT SUPPORT@WESHAPE.COM. FOR YOUR OPT‐OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED, OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT. 

Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $5,000.00.

SECTION 18 — WESHAPE'S ADDITIONAL REMEDIES

In order to prevent or limit irreparable injury to WESHAPE, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of WESHAPE or a third‐party, WESHAPE shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a federal or state court located in or covering Santa Cruz, California restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting WESHAPE from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you. You hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the federal and state courts located in or covering Santa Cruz, California for all such claims, and forever waive any challenge to said courts' exclusive jurisdiction or venue.

SECTION 19 — INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless WESHAPE, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys' fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your misuse of our Services, products, or services, (2) information you submit or transmit through our Service, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third‐party.

SECTION 20 — TESTIMONIALS AND INTERACTIVE FEATURES

WESHAPE is pleased to hear from our customers and welcomes their comments regarding our products and services. Testimonials represent the unique experience of the individual providing the testimonial, and do not necessarily reflect the experience that you may have using our products and services. Your results will vary. If you submit a testimonial, product review, or other statement to WESHAPE, or publish a testimonial, product review, or other statement in other media, including social media, you grant us the worldwide right and license to use it and any other information provided by you in connection with it in any and all forms of media without any compensation to you. See Section 2 above for additional information.

Our Services may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real‐time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on our Services, or sent via any email services on our Services, lies with each user ‐ you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through our Services. It is a condition of your use of our Services that you do not:

Restrict or inhibit any other user from using and enjoying our Services.
Use our Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Interfere with or disrupt any servers or networks used to provide our Services or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide our Services.
Use our Services to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to our Services, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.

Obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services.

Use our Services to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

Use our Services to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

Use our Services to post or transmit any information, software or other material that contains a virus or other harmful component.
Use our Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

Use any robot, spider, search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of our Services, unless you receive our prior express written approval. 

Use our Services to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

Gather for marketing purposes any email addresses or other personal information that has been posted by other users ofour Services.

WESHAPE may host message boards, chats and other private/public forums on our Services and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. WESHAPE or its designated agents may remove or alter any user‐created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by WESHAPE staff, WESHAPE's outside contributors, or by users not connected with WESHAPE, some of whom may employ anonymous user names. WESHAPE expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of WESHAPE or any of its subsidiaries or affiliates.

WESHAPE has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect our legal rights and the legal rights of our clients, sponsors, users and visitors.

SECTION 21 — TERMINATION

This Agreement will take effect (or shall re‐take effect) at the time you click "SUBMIT ORDER", "I ACCEPT", "I AGREE" or similar links or buttons, otherwise submit information through our Services respond to a request for information, begin installing, accessing, or using our Services, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. We may cancel or terminate your right to use our Services at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of our Services affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from our Services, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive. In the event of termination, Sections 12 through 20, 24, and 26 through 29 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall also survive termination.

SECTION 22 — REFUNDS

For certain exercise training services and supplement products purchased only through the Site, we offer a thirty (30) day money back guarantee, as stated for the training or product you purchase over the Site. If you are not satisfied with your training or product, please contact us within thirty (30) days of purchase at +1 (844) 990-2456 or support@weshape.com to request a refund. If applicable, you will be provided instructions on how to return the unused portion of any supplement product. You may be responsible for paying for any return shipping costs, and we encourage you to use a method of shipping which provides the ability to track the shipment. Your refund cannot be processed until we receive the unused portion of any supplement product you purchased.

For purchases made through the app, please refer to the refund policy and process from the app store you used to download the app (e.g., Apple or Google Play). 

SECTION 23 — DMCA NOTICE

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe, in good faith, that materials hosted by WESHAPE infringe your copyright, you, or your agent may send to WESHAPE a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon WESHAPE actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe, in good faith, that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to WESHAPE a counter‐notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. WESHAPE's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: tyler@weshape.com.

SECTION 24 — ASSIGNMENT

This Agreement shall be binding upon and inure to the benefit of WESHAPE and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of WESHAPE. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by WESHAPE to any affiliated entity or any of its wholly owned subsidiaries.

SECTION 25 — ELECTRONIC COMMUNICATIONS

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. If you would like a hard copy of any such document, please send your request to support@weshape.com. You hereby waive any right you may have to automatically receive a hard copy of any such document from WESHAPE. By providing a telephone number to WESHAPE, you represent and warrant that you are the owner and subscriber of the phone number provided. You acknowledge and agree that promotional and notification text messages may be sent by automated dialing system.

WeShape Promotions 

By opting into WeShape Promotions, the end-user agrees to receive marketing text messages from WESHAPE via the phone number +1 (833)-218-7507. Message frequency varies. At any time, you can text HELP to +1 (833)-218-7507 to receive program contact information. To opt-out, text STOP or UNSUBSCRIBE to +1 (833)-218-7507. After opting out, you might receive a one-time confirmatory text message acknowledging that you have been opted out of receiving further text messages. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Click to view our Privacy Policy. If you have additional questions or comments, please contact us at +1 (844) 990-2456 or by e‐mail to support@weshape.com

WeShape Notifications 

By opting into WeShape Notifications, the end-user agrees to receive notification text messages from WeShape the phone number +1 (833)-218-7507, messages include workout and meal plan reminders. Message frequency varies. At any time you can text HELP to the phone number +1 (833)-218-7507 to receive program contact information. To opt-out, text STOP or UNSUBSCRIBE to +1 (833)-218-7507. After opting out, you might receive a one-time confirmatory text message acknowledging that you have been opted out of receiving further text messages. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Click to view our Privacy Policy. If you have additional questions or comments, please contact us at +1 (844) 990-2456 or by e‐mail to support@weshape.com

SECTION 26 — NO WAIVER

No failure or delay on the part of WESHAPE in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by WESHAPE.

SECTION 27 — SEVERABILITY

Except as otherwise provided herein, in the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 28 — ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on our Services constitutes the entire agreement and understanding between you and WESHAPE, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 29 — CONTACTING US

We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by calling us at +1 (844) 990-2456 or by e‐mail to support@weshape.com.