TERMS OF SERVICE
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OVERVIEW
This website is operated by
Fresh Starts Bright Slim Build. Throughout the site, the terms
“we”, “us” and “our” refer to Fresh Starts Bright Slim Build.
Fresh Starts Bright Slim Build offers this website, including
all information, tools and services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices
stated here.
By visiting our site and/ or purchasing something from us, you
engage in our “Service” and agree to be bound by the following terms and conditions
(“Terms of Service”, “Terms”), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms of Service
apply to all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of
content.
Please read these Terms of Service carefully before accessing or
using our website. By accessing or using any part of the site, you agree to be bound
by these Terms of Service. If you do not agree to all the terms and conditions of
this agreement, then you may not access the website or use any services. If these
Terms of Service are considered an offer, acceptance is expressly limited to these
Terms of Service.
Any new features or tools which are added to the current
store shall also be subject to the Terms of Service. You can review the most current
version of the Terms of Service at any time on this page. We reserve the right to
update, change or replace any part of these Terms of Service by posting updates
and/or changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website following
the posting of any changes constitutes acceptance of those changes.
PRODUCTS OFFERED
This charge on your card will appear as freshstartsbrightslimb.
PAYMENT METHODS
By placing a one time purchase through this website, you agree to the terms and conditions set. freshstartsbrightslimbuild.com accepts credit cards. freshstartsbrightslimbuild.com may obtain pre-approval from the credit card company for an amount up to the amount of the order. Billing to Your credit card account occurs at the point of shipping or shortly thereafter. freshstartsbrightslimbuild.com accepts the following credit cards: Our website accepts the following credit cards: Visa. Mastercard. Discover.
SHIPPING
All orders placed on the Website are subject to product availability and will be shipped according to freshstartsbrightslimbuild.com shipping policies. Orders are generally shipped within 3-5 business days (Monday through Friday) using USPS standard mail service. In the rare event that your order never arrives; notification of lost items must be received within 14 days from receipt of the shipping confirmation e-mail. We cannot cancel orders once an order is made, due to our shipping process which is collected and prepared once an order is made.
RETURN POLICY
Please read the Return Policy in full before calling customer support. If at any time you are unsatisfied with our product, shipment within thirty (30) days of the order received date for a full refund of the purchase price (not including shipping and handling cost). To receive a refund you must follow the following guidelines:
Return Address
12913 Harbor Blvd Ste Q3-133, Garden Grove, CA 92840, USA
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges,
transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related website is inaccurate at any
time without prior notice (including after you have submitted your
order).
SECTION 5 - PRODUCTS OR SERVICES (if
applicable)
Certain products or services may be available exclusively online
through the website. These products or services may have limited quantities and are
subject to return or exchange only according to our Return Policy.
We have made
every effort to display as accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your computer monitor's
display of any color will be accurate.
We reserve the right, but are not
obligated, 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. We
reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at anytime
without notice, at the sole discretion of us. We reserve the right to discontinue
any product at any time. Any offer for any product or service made on this site is
void where prohibited.
We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you will meet your
expectations, or that any errors in the Service will be corrected.
SECTION 6
- ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse
any order you place with us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per order. These restrictions may
include orders placed by or under the same customer account, the same credit card,
and/or orders that use the same billing and/or shipping address. In the event that
we make a change to or cancel an order, we may attempt to notify you by contacting
the e-mail and/or billing address/phone number provided at the time the order was
made. We reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.
You agree to
provide current, complete and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and other
information, including your email address and credit card numbers and expiration
dates, so that we can complete your transactions and contact you as
needed.
For more detail, please review our Returns Policy.
SECTION 7 -
OPTIONAL TOOLS
We may provide you with access to third-party tools over which
we neither monitor nor have any control nor input.
You acknowledge and agree that
we provide access to such tools ”as is” and “as available” without any warranties,
representations or conditions of any kind and without any endorsement. We shall have
no liability whatsoever arising from or relating to your use of optional third-party
tools.
Any use by you of optional tools offered through the site is entirely at
your own risk and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new services and/or features
through the website (including, the release of new tools and resources). Such new
features and/or services shall also be subject to these Terms of
Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and
services available via our Service may include materials from
third-parties.
Third-party links on this site may direct you to third-party
websites that are not affiliated with us. We are not responsible for examining or
evaluating the content or accuracy and we do not warrant and will not have any
liability or responsibility for any third-party materials or websites, or for any
other materials, products, or services of third-parties.
We are not liable for
any harm or damages related to the purchase or use of goods, services, resources,
content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and make sure you
understand them before you engage in any transaction. Complaints, claims, concerns,
or questions regarding third-party products should be directed to the
third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request, you send certain specific submissions (for
example contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by email, by
postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any
time, without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation for
any comments; or (3) to respond to any comments.
We may, but have no obligation
to, monitor, edit or remove content that we determine in our sole discretion are
unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or these Terms
of Service.
You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy, personality or other personal
or proprietary right. You further agree that your comments will not contain libelous
or otherwise unlawful, abusive or obscene material, or contain any computer virus or
other malware that could in any way affect the operation of the Service or any
related website. You may not use a false e-mail address, pretend to be someone other
than yourself, or otherwise mislead us or third-parties as to the origin of any
comments. You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any comments posted by you or
any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of
personal information through the store is governed by our Privacy Policy. To view
our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND
OMISSIONS
Occasionally there may be information on our site or in the Service
that contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges, transit
times and availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any information
in the Service or on any related website is inaccurate at any time without prior
notice (including after you have submitted your order).
We undertake no
obligation to update, amend or clarify information in the Service or on any related
website, including without limitation, pricing information, except as required by
law. No specified update or refresh date applied in the Service or on any related
website, should be taken to indicate that all information in the Service or on any
related website has been modified or updated.
SECTION 12 - PROHIBITED
USES
In addition to other prohibitions as set forth in the Terms of Service,
you are prohibited from using the site or its content: (a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts; (c) to violate
any international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult, harm, defame,
slander, disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit false
or misleading information; (g) to upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website, other websites,
or the Internet; (h) to collect or track the personal information of others; (i) to
spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features of the
Service or any related website, other websites, or the Internet. We reserve the
right to terminate your use of the Service or any related website for violating any
of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not guarantee, represent or warrant that your use of our
service will be uninterrupted, timely, secure or error-free.
We do not warrant
that the results that may be obtained from the use of the service will be accurate
or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without notice to
you.
You expressly agree that your use of, or inability to use, the service is at
your sole risk. The service and all products and services delivered to you through
the service are (except as expressly stated by us) provided 'as is' and 'as
available' for your use, without any representation, warranties or conditions of any
kind, either express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose, durability,
title, and non-infringement.
In no case shall
Fresh Starts Bright Slim Build, our directors, officers,
employees, affiliates, agents, contractors, interns, 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), strict liability or otherwise, arising from your use of any
of the service or any products procured using the service, or for any other claim
related in any way to your use of the service or any product, 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 the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even if advised of
their possibility. Because some states or jurisdictions do not allow the exclusion
or the limitation of liability for consequential or incidental damages, in such
states or jurisdictions, our liability shall be limited to the maximum extent
permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify,
defend and hold harmless Fresh Starts Bright Slim Build and our
parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers, interns and
employees, harmless from any claim or demand, including reasonable attorneys’ fees,
made by any third-party due to or arising out of your breach of these Terms of
Service or the documents they incorporate by reference, or your violation of any law
or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event
that any provision of these Terms of Service 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 of Service, such determination shall not affect the
validity and enforceability of any other remaining provisions.
SECTION 16 -
TERMINATION
The obligations and liabilities of the parties incurred prior to
the termination date shall survive the termination of this agreement for all
purposes.
These Terms of Service are effective unless and until terminated by
either you or us. You may terminate these Terms of Service at any time by notifying
us that you no longer wish to use our Services, or when you cease using our
site.
If in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or accordingly may deny you
access to our Services (or any part thereof).
SECTION 17 - ENTIRE
AGREEMENT
The failure of us to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right or
provision.
These Terms of Service and any policies or operating rules posted by
us on this site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service, superseding any
prior or contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions of
the Terms of Service).
Any ambiguities in the interpretation of these Terms of
Service shall not be construed against the drafting party.
SECTION 18 -
GOVERNING LAW
These Terms of Service and any separate agreements whereby we
provide you Services shall be governed by and construed in accordance with the laws
of CA.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can
review the most current version of the Terms of Service at any time at this
page.
We reserve the right, at our sole discretion, to update, change or replace
any part of these Terms of Service by posting updates and changes to our website. It
is your responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Service following the posting of any changes
to these Terms of Service constitutes acceptance of those changes.
SECTION 20
- CONTACT INFORMATION
Questions about the Terms of Service should be sent to
us at
[email protected].
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