Terms of Use
[Effective Date: 01 April 2024]
The Terms of Use (“Terms”) provided govern your engagement with the http://www.slimmingbottle.com website, encompassing news content, blogs, services, and advertising, also referred to as “Sponsored Content” (collectively, “Website”). These Terms detail critical aspects of your relationship with us, including limitations on the usage of our Website and our liability should issues arise. The Terms also outline our agreement on dispute resolution via binding arbitration, with the express waiver of rights to participate in class action lawsuits.
BY ACCESSING OR USING OUR WEBSITE, YOU CONSENT TO THESE TERMS. IF YOU DISAGREE, PLEASE REFRAIN FROM USING OR ACCESSING OUR WEBSITE.
We retain the authority to alter the Terms at any time without notifying you beforehand. It is recommended that you review these Terms diligently each time you utilize our Website. Any amendments to these Terms become effective from the date they are posted onwards. By continuing to use our Website following any modifications, you agree to adhere to all updated or amended Terms as posted.
1. Privacy Policy Incorporated.
A Privacy Policy has been prepared and published on our website, outlining and guiding our data collection and usage practices. This Policy is integrated into these Terms, binding both parties, and we recommend that you review it.
2. Changes to Our Website.
You acknowledge and agree that our Website, including all content and sponsored content, may be modified or discontinued at our sole discretion, without prior notice, at any time. Any changes will be subject to these Terms.
3. Ownership of Intellectual Property.
All text, graphic interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and content published on the Website (“Content”) are protected by intellectual property laws and are owned or licensed by slimmingbottle.com or its licensors. Modifying, creating derivative works, displaying, distributing, or exploiting any of the Content or software on our Website, in whole or in part, without prior written permission is prohibited. The use of any automated or manual device or process to copy, monitor, index, or data mine the Website is also prohibited. The logos, trade dress, graphics, and layout of the Website are the registered and/or unregistered service marks, trademarks, and/or trade dress of slimmingbottle.com and may not be copied, imitated, or used, in whole or in part, without prior written permission. All other trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners. These Terms do not grant any license or right to any proprietary rights related to the products sold on and through our Website.
4. License for Use and Reproduction.
We provide you with a limited license for the personal use of content on our Website. This license does not permit: (a) the resale or commercial use of our Website’s content; (b) the collection and use of any product listings or descriptions; or (c) the employment of data mining, robots, or similar data gathering and extraction tools on our Website.
5. Limitations on the Use of Our Website.
Without restricting the scope of any other terms, you agree not to: (i) download, alter, duplicate, adapt, translate, reverse engineer, create derivative works from, display publicly, sell, lease, license, or commercially exploit any part of our Website or Content; (ii) remove any copyright, trademark, or other proprietary notices from our Website; (iii) use any robot, spider, search tool, or other device to retrieve or index any part of our Website; (iv) transmit or upload any software or code to our Website that contains viruses, worms, defects, Trojan horses, software bombs, or any other elements designed to harm the performance of our Website or any computer used to access it; (v) use our Website to violate any local, state, federal, or international laws, whether intentionally or unintentionally; or (vi) gather or store personal or non-personal data about others through our Website.
6. DMCA Notice.
Should you suspect that any content on our Website infringes upon your copyright, it is advised to forward a written notice of copyright infringement to our designated agent at the address listed below. The notice should comply with the Digital Millennium Copyright Act requirements (in accordance with 17 U.S.C. §512) by supplying the following information:
6.1. A description of the copyrighted work that you claim has been infringed;
6.2. A description of where the alleged copyrighted work is located on our Website;
6.3. Your name, address, telephone number and email address;
6.4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6.5. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
6.6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent may be reached by emailing contact@slimmingbottle.com
7. Disclaimer.
YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE, AND THE CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED ON OR DESCRIBED ON OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. WE FURTHER DISCLAIM ANY WARRANTY EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE THROUGH OUT WEBSITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM THE USE OR INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF OUR WEBSITE ITS CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT OUR WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR CUSTOMER SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
8. Limitation on Liability.
IN NO EVENT SHALL WE, OUR AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. THIS LIMITATION INCLUDES ANY DAMAGES OF ANY NATURE FOR THE DISCLOSURE OR MISUSE OF ANY YOUR PERSONAL INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF LEGAL ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ALL EVENTS, OUR TOTAL MAXIMUM LIABILITY SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THIS IS A BARGAINED AND AGREED TO PROVISION
9. Indemnification.
You agree to indemnify and hold harmless our affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives from any losses, costs, expenses, or damages (including attorneys’ fees and court costs) arising from any claim, cause of action, suit, or demand by a third party due to or related to your use of our Website or your breach of these Terms of Use.
10. Disclaimer of Advertisements and Links to Third Party Website.
Our Website may occasionally feature third-party advertisements. These can take the form of sponsored content, banners, links, pop-unders, or pop-up ads. We do not endorse or assume responsibility for the content of these advertisements, nor for any associated products, services, or materials, or any interactions with or outcomes from visiting the linked websites. Our compensation is solely for displaying these advertisements; it does not imply our endorsement of the advertised products, services, or websites. UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DAMAGES, WHETHER COMPENSATORY, PUNITIVE, OR OTHERWISE, ARISING FROM OR RELATED TO THESE ADS, LINKS, OR WEBSITES.
11. Confidential Binding Arbitration.
You agree that by entering into these Terms, you and we are each waiving the right to trial by jury and the ability to participate in a class action.
11.1. ALL DISPUTES BETWEEN YOU AND US RELATING IN ANY WAY TO OUR WEBSITE AND THE PRODUCTS ADVERTISED THEREON (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM ADVERTISING ON OUR WEBSITE, RELATED ADVERTISEMENTS AND DISCLOSURES, EMAIL MESSAGES WE SEND TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH OUR WEBSITE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS.
11.2. If you intend to seek arbitration, you must first send to us, by certified mail, a written Notice of Dispute (“Notice”). The Notice must be mailed to contact@slimmingbottle.com. It must be addressed to the attention of Legal Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.
11.3. All arbitrations required by these Terms will be conducted under the rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under these Terms may be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless we and you agree otherwise, the arbitrator may not consolidate your claim with any other claim and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
11.4.For arbitration claims you make against us under this Section 13, we will cover all your administrative, hearing, and arbitrator’s fees and costs. However, we will not pay for your attorneys’, experts’, or witnesses’ fees, expenses, and costs beyond what you would have had to pay as a filing fee to bring the claim in a state or federal court in your judicial district. The arbitrator may grant monetary or equitable relief only to the individual party seeking it and only as much as necessary to provide relief for that party’s individual claim. An arbitration award and any resulting judgment can only pertain to the particular case; it cannot be used in other cases, except to enforce the award itself. To minimize the arbitration’s time and cost, the arbitrator will not issue a statement of reasons for the award unless all parties request it.
11.5. To the extent allowed by law, you agree not to serve as a class representative or private attorney general, or in any other representative capacity, nor to participate as a member of a class of claimants in any lawsuit against us in any court or arbitration. This includes any claims related to us or our website, including but not limited to orders from our website, our advertisements and disclosures, emails, or the collection or use of any information about you in connection with our website, these terms, or your status as a purchaser of our products or services. This Section 14 will remain in effect after the termination of the relationship between you and us.
12. Applicable law.
By visiting our Website, you agree that the laws of England, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us.
13. General Terms.
No agency, partnership, joint venture, or employment is established by these Terms. These terms represent the complete agreement between us. Our failure to act on or enforce any right or provision of these Terms does not waive our right to enforce such provision. Should any provision of these Terms be deemed unenforceable or invalid, it will be limited or removed to the minimum extent necessary, ensuring that these Terms remain in full force and effect and enforceable. You may not assign, transfer, or sublicense these Terms without our prior written consent. The headings in these Terms are for convenience only and do not have legal or contractual significance. These Terms encompass and incorporate the Privacy Policy posted on our Website.
