Terms of Service

Terms and Conditions: Table of Contents   

Terms of Use and Service  

Website Use Present and Future: 

Basic Terms Defined

Restrictions on Use of Materials 

Policy of Minors on this Website 

Privacy 

Privacy Policy 

Registration and Membership

Member Account and Password 

Content on the Services Submissions 

User Generated Content 

Information, Collection, and Use 

Additional Information 

Aggregate Information 

Log Data 

Cookies 

Information Sharing and Service Providers

Links 

Compliance with Laws and Law Providers 

Business Transfers 

Advertising Disclosure 

Charges and Billing 

Taxes

Cancellation of Subscription 

Refunds 

Availability of Monthly Subscription 

Risk of Loss

Third Party Products and Services 

Consumer Bill of Rights / Warning  

Health Notice  

Indemnification Disclaimers of Warranties 

Limitation of Liability 

Governing Law and Choice of Forum     


Terms of Use and Service 

This Terms of Use Agreement sets forth the standards of use of SleekTreat.com or other affiliated websites under the Sleek Treat name (the “Website”). These Terms of Service ("Terms") govern your access to and use of the services and the Sleek Treat websites (the "Services"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). For purposes of these Terms & Conditions, Sleek Treat applies to all of its "affiliates" which shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, SleekTreat.com, including, without limitation, Sleek Treat or its parent company Sleek Brands LLC. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including restricting or terminating any user's right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all subscriptions associated with your user account and/or bar any further access to such information and/or files, or our Website. Further, you agree that we shall not be liable to you or any third- party for any termination or cancellation of your access to, or use of, our Websites. From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions. You should check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Website and, if applicable, you should arrange to cancel your registered user account or subscription with us.   


Basic Terms 

You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. You may use the Services only if you can form a binding contract with Sleek Treat and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Services that Sleek Treat provides are always evolving and the form and nature of the Services that Sleek Treat provides may change from time to time without prior notice to you. In addition, Sleek Treat may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Sleek Treat on the Services are subject to change. In consideration for Sleek Treat granting you access to and use of the Services, you agree that Sleek Treat and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. Sleek Treat does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Sleek Treat's control.   


Restrictions on Use of Materials 

You may use the Services only if you can form a binding contract with Sleek Treat and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Sleek Treat does not guarantee continuous, uninterrupted access to the Website, and operation of the Website may be interfered with by numerous factors outside Sleek Treat's control.   


Policy of Minors on this Website 

This website is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with any information without their consent, he or she should contact us at info@sleektreat.com. We do not knowingly collect information from children under 18. If we become aware that a child under 18 has provided us with any information, we will delete such information from our files and terminate any transactions.   


Privacy 

Any information that you provide to Sleek Treat is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Sleek Treat. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Sleek Treat account, which you may not be able to opt-out from receiving.   


Privacy Policy 

Sleek Treat knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy. By visiting the Website, you are accepting the practices outlined in this Privacy Policy. This Privacy Policy is effective as of February 9th, 2016. This privacy policy describes how Sleek Treat and its affiliates treat the personally identifiable information that is collected about you when you visit this website, SleekTreat.com ("Site") to which this policy is linked. This Privacy Policy may be updated from time to time for any reason; each version will apply to information collected while it was in place. We will notify you of any material changes to our Privacy Policy by posting the new Privacy Policy on our Site. You are advised to consult this Privacy Policy regularly for any changes. By using our Site you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing" means using cookies on a computer or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the U.S. your personally identifiable information will be transferred to the U.S., and processed and stored there under U.S. privacy standards. By visiting our Site and providing information to us, you consent to such transfer to, and processing in, the US. If you have any questions or comments about this Privacy Policy or our use of your personally identifiable information, please contact us via email at: info@sleektreat.com   


Registration and Membership

Monthly crates for Sleek Treat subscriptions and other subscription crates offered from time to time are shipped to your address at the address you provided. You may receive emails regarding your account or promotions for special offers, including third party offers. You can cancel your membership anytime without charge by contacting Customer Support. Please refer to the Help Center for further details. 


Member Account and Password 

All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Sleek Treat of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Sleek Treat. If you elect to become a Member of our Website, you agree to provide us with true, accurate and complete information about yourself ("Registered User Data"), and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.   


Content on the Services 

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Sleek Treat be liable in any way for any Content, 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 any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere. Submissions If, at our request or on your own, you send, email, post or otherwise transmit to us or this Website any Content, (collectively, the "Submissions"), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce any Submission that you have made available in a Community Area for personal use. Subject to the foregoing, the owner of a Submission placed on this Website retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.   


Information, Collection, and Use 

Our primary goal in collecting personal information is to provide you with a friendly, customized and efficient experience. We only collect personal information that is relevant to the purposes of the Website. Personally identifiable information that we may collect may include your user name, IP address, full user name, password, email address, city and other information that you decide to provide us with, or that you decide to include in your public profile. Your user name, bookmarks, recipes, stories and associated content and any postings you make are displayed throughout the Site. Therefore this data is available to the public and will be identifiable to your Username.   


User Generated Content

By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant Sleek Treat a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of Sleek Treat. You acknowledge and agree that you are solely responsible for all the user data that you make available through Sleek Treat. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Loot Crate™ the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or Loot Crate™ use of your uploaded data (or any portion thereof) on, through or by the means of Loot Crate™ will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation. 


Additional Information 

Your user name and your photo, if you decide to upload one, are displayed to people in the Sleek Treat network to enable you to connect with people on Sleek Treat, as specified in your privacy settings. Once a member, you may provide additional information in the profile section, including but not limited to your bio, your location, as well as your personal web site, if you have one. Providing additional information beyond what is required at registration is entirely optional.   


Aggregate Information 

On an aggregate, non-personally identifiable level we may also use this data to analyze site usage, customize the site's content, layout, and services, and for disclosure to advertisers and other third parties for their marketing and promotional purposes and to demonstrate to them the value of our own site. However, we do not sell or rent any of your personally identifying data to third parties for marketing purposes.   


Log Data 

When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website ("Log Data" ). This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the web-pages you visit, the search terms you use, and any advertisements on which you click. For most users accessing the Internet from an Internet service provider the IP address will be different every time you log on. We use Log Data to monitor the use of the Site and of our Service, and for the Site's technical administration. We do not associate your IP address with any other personally identifiable information to identify you personally, except in case of violation of the Terms of Service.   


Cookies 

Sleek Treat (or third party service providers on our behalf) may set and access cookies on your computer. A cookie is a small amount of data (often including a unique identifier), that is sent to your browser from a web site's computers and stored on your computer's hard drive. Sleek Treat uses cookies to understand site usage and to improve the content and offerings on our site. We may use cookies, IP address and browser data to control the display of ads, to track usage patterns on the sites, to deliver editorial content, and to personalize information. Our cookies may contain personally identifiable information and such cookies may be shared with others to the same extent indicated above. Sleek Treat (or third party service providers on our behalf) may also use cookies to collect aggregate information about web site users on an anonymous basis. We may share aggregate demographic and usage information with our prospective and actual business partners, advertisers and other third parties for any business purpose. Some of our advertisers may serve you cookies as well. We do not have control over cookies placed by advertisers. If you don't want cookies, most Web browsers include an option that allows you to not accept them. However, if you set your browser to refuse cookies, some portions of our sites may not function efficiently.   


Information Sharing and Disclosure Service Providers 

We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.   


Links 

We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.   


Compliance with Laws and Law Enforcement 

Sleek Treat cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of Sleek Treat or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.   


Business Transfers 

Sleek Treat may sell, transfer or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity's planned processing of your information differs materially from that set forth in this Privacy Policy.   


Advertising Disclosure 

We use a third-party advertising company to serve ads when you visit our website and sites upon which we advertise. This technology uses information about your visits to this website and the sites upon which we advertise, to serve our ads to you. In the course of serving our advertisements to you, a unique third-party cookie may be placed or recognized on your browser.   


Charges and Billing 

As a subscriber, you are charged by your Service Provider a monthly (or other periodic) fee as set forth on the Website. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), such fees, applicable taxes, and other charges and fees incurred in order to maintain your subscription. We reserve the right to increase fees, or to institute new fees at any time, upon advance notice communicated to you through a posting on the Website or such other means as we may deem appropriate (including email or conventional mail). In addition to the fees we charge you, you are responsible for all charges and fees associated with signing up for and using your subscription, including without limitation all telephone access lines, internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access or use the Offerings and/or the Website. After your payment for your initial billing period, we will automatically charge your credit card (or other account, if applicable) up to 15 days prior to the start of each renewal period, unless you have cancelled your subscription before you are charged for the relevant renewal period. The renewal charge will be the same as the prior period's charge, unless we notify you at the time of sign-up or prior to the beginning of the renewal period as described above, or if you were previously signed up for a discount rate for which you are no longer eligible or a savings plan -- in which case your subscription will automatically be renewed at our standard subscription rates and for our standard period (usually monthly). If we offer you the choice to purchase another available savings plan, and you wish to purchase such savings plan, you must notify us before you are charged for the next subscription period (usually about 15 days before the expiration of your current plan). In the event we cannot charge your account, we reserve the right to terminate your subscription. You agree to provide us with true, accurate and complete information as required by the sign-up process ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your subscription, and if applicable, your user account, and refuse any and all current or future use and/or access by you of the Offerings or the Website (or any portion thereof).   


Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states and other territories where the goods sold over the internet are taxable.


Cancellation of Subscription 

You can cancel your subscription by accessing the website and canceling your membership account in your subscription settings. If you are having difficulty with this, please email Customer Service at support@sleektreat.com. We will attempt to process all cancellation requests promptly, provided that you send your request via the acceptable methods.   


Refunds 

Unfortunately, once your monthly box has shipped out, we cannot give a refund for that box. If you have purchased a pre-paid multi-month subscription, we cannot offer you a refund since it is purchased with a bulk discount. If your pre-paid subscription is cancelled due to your death, disability, or relocation to an unserviceable geographical location prior to the end of a period for which you have incurred a charge, then, we will refund the amount of any unshipped months of such period minus the full valuation of the shipped boxes. If we terminate your subscription (as opposed to you canceling your subscription), other than due to your violation of this Agreement, prior to the end of a period for which you have incurred a charge, with the exception of any previously sent boxes, we will refund unused, unshipped portion of the pre-paid subscription. If you cancel your pre-paid subscription and are entitled to a refund, we reserve the right to charge a fee to cover the cost to us of any administrative or other services you may have used prior to your cancellation, or to readjust the refund based on a higher valuation for the previous month’s boxes that were purchased at a bulk rate discount and canceled early to the extent permitted by law.   


Availability of Monthly Subscription 

The availability and use of your new subscription may be limited based on availability. You understand and agree we may disallow you from subscribing if the month’s limit has been exceeded. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.


Risk of Loss

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped and a refund will not be issued or considered. Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support. 


Third Party Products and Services 

Sleek Treat boxes contain services, merchandise or other products from other parties (collectively, the "Third Party Vendors"). All matters concerning the services, merchandise and other products desired from the Third Party Vendors, including, warranties, guarantees, and maintenance are solely between you and the Third Party Vendors. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Vendors. You will not consider us (and we will not be construed as) a party to such merchandise concerns, whether or not we receive a form of revenue or other remuneration in connection with such merchandise, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the merchandise.   


Consumer Bill of Rights 

Be sure that your decision to use Sleek Treat products or any affiliated products, services and offerings is an informed one by reading this Consumer Bill of Rights.   WARNING: Some of the products found in Sleek Treat boxes will contain artificial sweeteners. These sweeteners are deemed safe alternatives to sugar in its various forms by the FDA. Some side effects, however, from ingesting large amounts of artificial sweeteners, especially sugar alcohols, can include gastrointestinal bloating and diarrhea. It is recommended to not eat certain artificially sweetened products if diagnosed with phenylketonuria or an allergy to a particular sweetener. Although the products contained in the Sleek Treat boxes have been carefully screened for low carbohydrate content, partaking of an excessive amount (excessive being defined by the consumers individual dietary physician advised plan) may result in an overall higher blood sugar level. It is the consumer’s responsibility to eat foods with any form of carbohydrates in moderation especially if diabetes is suspected or diagnosed. The responsibility of the ingestion of these products rests solely on the consumer and the advice given by a physician regarding that individual’s diet. Furthermore, the information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.   


Health Notices 

Sleek Treat boxes are developed with careful nutrition guidelines in mind. However, Sleek Treat isn't a medical organization and we do not provide medical advice. If you have diabetes, we strongly urge you to consult with your physician (or primary health-care provider) to determine the best carbohydrate and glycemic value consumption plan for you. We also urge you to monitor your blood sugar and get regular medical checkups. Eating the low carbohydrate and low glycemic index based foods contained in Sleek Treat boxes in combination with a similar overall diet may, over a period of time, decrease symptoms, but isn't intended to treat any illness or disease.    


Indemnification 

You agree to indemnify, hold harmless and, at our option, defend Sleek Treat and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.   


Disclaimers of Warranties 

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER SLEEKTREAT.COM, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER SLEEKTREAT.COM, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.   


Limitation of Liability 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.   


Governing Law and Choice of Forum 

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions shall be filed only in the state or federal courts located in Palm Beach County in the State of Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.