THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 18 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
Dirty Girl Detox reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at www.DirtyGirlDetox.com. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
Table of Contents:
Website User Conduct and Restrictions
Information You Provide; Registration; and Passwords
Order Placement and Acceptance; Method of Payment
TRIAL MEMBERSHIP OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
MEMBERSHIP TERMS AND AUTOMATIC PAYMENT
DIRTY GIRL DETOX CLUB, AUTOMATIC PAYMENT, AND CANCELLATION
Products and Prices Available on the Website
Trainer’s Obligations and Your Obligations/YOUR INDIVIDUAL RESULTS WILL VARY
Independent Dirty Girl Detox Affiliate Program
Testimonials, Reviews, and Pictures/Videos
NO MEDICAL DIAGNOSIS OR TREATMENT
FOOD ALLERGY DISCLAIMER
DISCLAIMERS OF WARRANTIES
LIMITATIONS OF LIABILITIES
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
Dirty Girl Detox’s Additional Remedies
Notice and Takedown Procedures; Copyright Agent
Governing Law and Venue
Changes to the Agreement
Your Additional Representations and Warranties
SECTION 1 – WEBSITE USE
The Website is intended for adults only. In order to use the Website, you must be 18 years of age or the legal age of majority in your state or province of primary residence, whichever is greater, and also have the legal capacity to enter into a contract with us. The Website is not intended for children and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all design elements, text material, logos, taglines, metatags, hashtags, photographic images, personal stories, Dirty Girl Detox icons, video and audio clips, personal training sessions, and downloads. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Dirty Girl Detox trademark and logo are proprietary marks of Dirty Girl Detox, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Dirty Girl Detox. Notwithstanding the foregoing, you may print off information about your purchases for your personal use only. Commercial use of such information is strictly prohibited.
Subject to your continued strict compliance with all Terms, Dirty Girl Detox provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that: (1) the Website contains copyrighted material, trademarks, and other proprietary information including text, software, photos, video, graphics, music and sound, and that the entire contents of the Website are copyrighted as a collective work under the United States copyright laws; (2) Dirty Girl Detox is the exclusive owner of the copyright and all other intellectual property rights in the entire Website; (3) Dirty Girl Detox owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it; (4) Each third party content provider owns the copyright in content original to it; (5) You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Website or any portion of it; (6) Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Website without the express written permission of Dirty Girl Detox and, if applicable, the copyright owner; and (7) In the event of any permitted copying, redistribution or publication of material from the Website, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You further acknowledge and agree that you do not acquire any ownership rights by downloading or copying copyrighted material or any other material protected by intellectual property laws. All trademarks appearing on the Website are the exclusive property of their respective owners, including, in some instances, Dirty Girl Detox, and/or affiliated companies.
You agree not to use or attempt to use the Website in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; USER NAMES AND PASSWORDS
As av Dirty Girl Detox user, you will be required to create an account with Dirty Girl Detox. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Dirty Girl Detox user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Dirty Girl Detox under your user account. You agree to immediately notify Dirty Girl Detox of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that Dirty Girl Detox is not liable, and you will hold Dirty Girl Detox harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 20 below for additional information.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE; METHOD OF PAYMENT
You agree that any products or services that you purchase from us and/or our Website 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 the Website.
If you are enrolling in our membership program or ordering a product, payment must be received by Dirty Girl Detox before your enrollment or order is accepted, unless you are participating in a trial offer program (see Section 6 below). 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 as soon as possible by emailing support@DirtyGirlDetox.com immediately 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 on you accepting 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.
Dirty Girl Detox does not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on the Website. If we discover that you are placing orders with the intent to resell items offered on the Website, 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, Dirty Girl Detox will report you to federal, state, and/or local enforcement authorities and take any additional legal action deemed appropriate by Dirty Girl Detox.
We reserve the right to limit the sales of our products 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 6 – Dirty Girl Detox MEMBERSHIP TERMS AND AUTOMATIC PAYMENT
A member (“Member”) is responsible for paying all sums due to Dirty Girl Detox in connection with their membership (“Membership”) in accordance with these Terms. The first Membership fee payable in accordance with these Terms is due when the Membership account is setup and payment of the Membership subscription fee is a condition of Membership, or after your Free Experience Membership ends and you have not canceled the automatic enrollment with us. Every calendar month (or calendar year depending on the type of Membership applied for), your Membership account will be charged the subscription fee for the following month’s (or year’s) subscription, together with any other fees for the following month’s (or year’s) subscription (for example, proposed additional personal training costs) plus any accumulated charges for the past period (for example, for additional personal training costs incurred in the previous calendar month) (collectively, “Fees”). Failure by the Member to use any of the services available for a Member through its subscription to Dirty Girl Detox does not relieve the Member of his/her payment obligations under these Terms.
Potential registrants and/or Members can pay by credit card or debit card. Payment details, together with details of the subscription package applied for, shall be collected by us through our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member’s financial data (as well as subscription package data) to our online payment system for processing. You acknowledge that we hold data regarding the subscription package that is being signed up for by the Member, including the last four digits and the expiration date of the card used to purchase the subscription package together with details on when payment of Fees are due. The Member further acknowledges and agrees that by sending a request for a specific subscription package, that payments for Fees are due on a recurring basis in accordance with that specific subscription package (unless the subscription is cancelled in accordance with these Terms) and therefore authorizes the automatic payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and for a specific amount).
IF YOU ARE ENROLLED IN THE DIRTY GIRL DETOX SUPPLEMENT CLUB MEMBERSHIP PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY DEPENDING ON YOUR MEMBERSHIP) AND WILL BE BILLED BY TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT IN THE Dirty Girl Detox SUPPLEMENT CLUB MEMBERSHIP PLAN.
IF YOU WISH TO CANCEL YOUR PARTICIPATION IN AMEMBERSHIP PLAN OR SUPPLEMENT SUBSCRIPTION, YOU MAY DO SO AT ANY TIME BY EMAILING US AT SUPPORT@DIRTYGIRLDETOX.COM YOU CAN ALSO CALL US AT 617-397-4005.
Submissions of the cancellation form provided must be completed by at least 48 hours before your renewal date to avoid any unwanted charges. For monthly Membership subscriptions, we require at least forty-eight (48) hours’ notice of cancellation.
You agree that you will NOT send credit card details to Dirty Girl Detox directly and that ALL credit card transactions shall be processed through via our Website. Dirty Girl Detox shall not be held responsible for the security of, or the misuse of, credit card or other personal information. Members should be aware that further terms and conditions required by PayPal may apply, and can be found at www.paypal.com. Dirty Girl Detox reserves the right to immediately terminate a Member’s account and/or service for any unpaid (in whole or part) period of Membership subscription (with or without notice). Termination of service in no
way relieves or excuses the Member from any obligation to pay outstanding charges or expenses. In the event Dirty Girl Detox starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.
In addition to any Fees, Dirty Girl Detox may also charge applicable value added or other tax.
SECTION 7 – Dirty Girl Detox SUPPLEMENT SUBSCRIPTION, AUTOMATIC PAYMENT, AND CANCELLATION
When visiting the Website, you may have the option of purchasing a product one time or enrolling into Dirty Girl Detox’ Supplement Club subscription plan where the payment card you provide at the time of enrollment is automatically charged each month until you cancel. If you enroll in the Dirty Girl Detox’ Supplement Club subscription plan, the payment card you provided will be billed and the product shipped every 30 days from the date of your initial enrollment unless you cancel.
IF YOU ARE ENROLLED IN THE SUPPLEMENT CLUB SUBSCRIPTION PROGRAM AT THE TIME OF YOUR INITIAL PURCHASE AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SHIPMENT OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT IN THE SUPPLEMENT CLUB SUBSCRIPTION PLAN.
IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE Dirty Girl Detox MEMBERSHIP PLAN, YOU MAY DO SO AT ANY TIME BY EMAILING US AT support@DIRTYGIRLDETOX.COM YOU CAN ALSO CALL US AT 617-397-4005.
If you participate in the Dirty Girl Detox Supplement Club subscription program using a credit card and your credit card fails to process for a subsequent shipment, you agree that Dirty Girl Detox may contact you on any phone number (including a cell phone number) or email 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 Dirty Girl Detox starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.
SECTION 8 – SHIPPING FEES
Unless otherwise stated on the Website 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 or service availability may be limited and particular products or services may not be available for immediate delivery. If your order will be delayed, we will contact you at the e-mail or street address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. 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 outside the United States.
SECTION 9 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Dirty Girl Detox 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.
Dirty Girl Detox takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. 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 Dirty Girl Detox 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 the Website is not as described when you receive it, or the packaging on the Website does not match what you receive, your sole remedy is provided in our Return/Exchange Policy. All sales are deemed final except as provided in the Return/Exchange Policy.
Dirty Girl Detox’s descriptions of, or references to, products or services not owned by Dirty Girl Detox are not intended to imply endorsement of that product, or constitute a warranty by Dirty Girl Detox unless expressly stated on the Website.
SECTION 10 – INDEPENDENT DIRTY GIRL DETOX AFFILIATE PROGRAM
Dirty Girl Detox may offer you an opportunity to become an Independent Dirty Girl Detox Affiliate (“IAA”), wherein you will have the opportunity to receive free or discounted products or services or other remuneration in exchange for your truthful statements about your experience with Dirty Girl Detox. Such statements may include, but not be limited to, sharing your Dirty Girl Detox experience with your friends and colleagues in person, on social media, or by e-mail, and encouraging them to join Dirty Girl Detox as a Member and/or purchase Dirty Girl Detox products. Dirty Girl Detox reserves the sole and exclusive right to determine the amount of remuneration each IAA will receive in exchange for his/her efforts.
IAA’s must comply with all laws including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227)), and laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)). IAAs are solely responsible for ensuring their compliance with all laws.
As an IAA, all of your statements must: (1) contain only truthful and accurate information about your Dirty Girl Detox experience generally; and (2) if posting on social media, each post must contain (a) @DirtyGirlDetox, #DirtyGirlDetox; and (b) #ad, #advertisement, or #promotion in a clear and conspicuous location before the text of your description. If the post is on Instagram, these hashtags must appear before the “More” button, and each Instagram post must use Instagram’s “Paid Partnership” tool. If the post is on YouTube or another form of video social media, then the hashtags must appear in a clear and conspicuous location in the post description, and each video must display the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion. All e-mails must: (1) be sent only to those individuals who have opted into receiving e-mails; (2) clearly identify the e-mail as an advertisement in the subject line; and (3) provide a mechanism for the recipient to opt out, with all opt out requests being honored within ten (10) business days of receipt. As an IAA,
your statements must not: (1) contain any false or misleading statements; (2) make any health or scientific claims about Dirty Girl Detox’s products or services or your experience with Dirty Girl Detox (e.g., “Dirty Girl Detox has cured my heart disease” would be prohibited, but “Dirty Girl Detox has helped me gain energy, lose fat, and feel healthier” would be permitted if that was your experience); (3) display, reference, or discuss any third party’s products or services including, but not limited to, the products or services of Dirty Girl Detox’ competitors; nor (4) infringe any third-party’s intellectual property or other rights, including likeness rights, trademark rights, copyrights, and rights of privacy. IAAs are independent contractors and are not employees or agents of Dirty Girl Detox. IAAs have no authority to act on behalf of or bind Dirty Girl Detox. IAAs shall be solely and exclusively responsible for all costs and other expenses incurred. Sections 18 and 20 below – in their entirety (as well as all other terms in this Agreement) – apply to IAAs, and further govern the relationship between Dirty Girl Detox and each IAA.
SECTION 11 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
Dirty Girl Detox is pleased to hear from users and welcomes your comments regarding our services. Dirty Girl Detox may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Dirty Girl Detox’s services or products, in printed and online media, as Dirty Girl Detox determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products. As noted in Section 11 above, your results will vary depending upon a variety of factors unique to you, such as your health, genetics, diet, and level of exercise.
You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit, or share with Dirty Girl Detox on this Website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively “User Communications”). By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity, or any other applicable laws. Dirty Girl Detox does not endorse or sponsor any User Communications submitted by you or other Members.
Anything that you submit or post to the Website or social media and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
Additionally, Dirty Girl Detox reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Dirty Girl Detox shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.
SECTION 12 – NO MEDICAL DIAGNOSIS OR TREATMENT
DIRTY GIRL DETOX IS COMMITTED TO HELPING YOU LOSE FAT AND IMPROVE YOUR LIFESTYLE. YOU UNDERSTAND, HOWEVER, THAT OUR PRODUCTS, SERVICES, AND THE STATEMENTS ON THE WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD & DRUG ADMINISTRATION OR MEDICAL PROFESSIONALS, AND OUR PRODUCTS, SERVICES, AND THE INFORMATION ON THE WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY HEALTH PROBLEMS, ILLNESSES, OR DISEASES. THE INFORMATION ON THE WEBSITE OR PROVIDED TO YOU IN EMAILS 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 18 YEARS OF AGE AND THAT THE PRODUCTS 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 TRYING ANY OF OUR 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 IF YOU EXPERIENCE ANY ILL EFFECTS OR UNINTENDED SIDE EFFECTS OF ANY PRODUCT.
DIRTY GIRL DETOX ENDEAVORS TO PROVIDE YOU WITH ACCURATE INFORMATION ABOUT OUR PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT THE INFORMATION Dirty Girl Detox CONVEYS ABOUT OUR PRODUCTS, SERVICES, AND/OR THE EFFICACY OF OUR PRODUCTS OR SERVICES IS OBTAINED FROM INDEPENDENT THIRD PARTIES SUCH AS NEWS AGENCIES, SCIENTIFIC REPORTS, AND SCIENTIFIC / RESEARCH ENTITIES. Dirty Girl Detox DOES NOT WARRANT OR REPRESENT THAT SUCH INFORMATION IS ERROR-FREE, AND Dirty Girl Detox DOES NOT REPRESENT OR ENDORSE ANY THIRD PARTIES OR THE METHODS THAT THEY USE TO ARRIVE AT THEIR CONCLUSIONS. ALL PRODUCT SPECIFICATIONS, PERFORMANCE DATA, AND OTHER INFORMATION ON THE WEBSITE IS FOR INFORMATIONAL AND ILLUSTRATIVE PURPOSES ONLY, AND DO NOT CONSTITUTE A GUARANTEE OR REPRESENTATION THAT THE PRODUCTS WILL CONFORM TO SUCH SPECIFICATIONS OR PERFORMANCE DATA. Dirty Girl Detox DOES NOT WARRANT OR REPRESENT THAT YOUR RESULTS WILL MATCH THOSE OF OTHERS WHO USE OUR PRODUCTS OR SERVICES.
THE REPRESENTATIONS AND PRODUCT DISCLAIMERS DESCRIBED ABOVE ARE INAPPLICABLE WHERE PROHIBITED BY LAW.
SECTION 13 – FOOD ALLERGY DISCLAIMER
DIRTY GIRL DETOX MAKES EVERY ATTEMPT TO PROVIDE ACCURATE NUTRITION AND INGREDIENT INFORMATION FOR EVERY PRODUCT ON OUR MENU. WE TAKE FOOD SAFETY VERY SERIOUSLY: HOWEVER, THERE IS ALWAYS A RISK OF CROSS-CONTAMINATION. THERE IS ALSO A POSSIBILITY THAT MANUFACTURERS OF THE COMMERCIAL FOODS WE USE COULD CHANGE THE FORMULATION AT ANY TIME, WITHOUT NOTICE.
PLEASE BE AWARE THAT OUR FACILITY HANDLES 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 FOODS PROVIDED BY Dirty Girl Detox IS AT THEIR OWN RISK.
SECTION 14 – DISCLAIMERS OF WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT 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 THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 15 – LIMITATIONS OF LIABILITIES
YOU UNDERSTAND THAT THERE ARE INHERENT RISKS IN PARTICIPATING IN A PROGRAM OF STRENUOUS EXERCISE. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IF YOU SUSTAIN OR CLAIM TO SUSTAIN ANY INJURY WHILE PARTICIPATING IN TRAINING, YOU ACKNOWLEDGE THAT Dirty Girl Detox (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS) IS NOT RESPONSIBLE, AND THE TRAINER IS ALSO NOT RESPONSIBLE, EXCEPT WHERE THE INJURY WAS CAUSED BY THE TRAINER’S GROSS NEGLIGENCE. YOU AGREE THAT NEITHER DIRTY GIRL DETOX (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS), NOR YOUR TRAINER WILL BE HELD LIABLE IN ANY WAY FOR INJURIES RELATED TO UNDECLARED OR UNKNOWN MEDICAL
CONDITIONS. YOU AGREE THAT IN NO EVENT SHALL DIRTY GIRL DETOX LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO Dirty Girl Detox FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST Dirty Girl Detox OCCURRED. YOU EXPRESSLY WAIVE ANY RIGHT TO INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS OF ANY KIND OR DESCRIPTION. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS AND ALL THEORIES OF LIABILITY ADVANCED, REGARDLESS OF WHETHER DIRTY GIRL DETOX WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY.