terms of use

Use of Website

Welcome to MyShape.com. This site is provided by MyShape, Inc., a California corporation, and is referred to as MyShape.com throughout this site. Your access to and use of MyShape.com is subject to the terms and conditions stated in this legal notice. If you do not agree to these terms (or cannot comply with these terms), do not access or use the MyShape.com site. These terms and conditions are subject to change from time to time without notice by updating or revising this legal notice. You are responsible for reviewing the MyShape.com site for any modifications to these terms and conditions that may affect your rights or obligations. Any access or use after changes to these terms and conditions will constitute acceptance of the revised terms. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the MyShape.com site and your purchase of the items on the MyShape.com site. You must be at least 18 years old to use the MyShape.com site. By accepting these terms through the use of this site, you are certifying that you are at least 18 years of age. All billing and registration information provided by you must be truthful and accurate. By confirming your purchase of the products at the end of the checkout process, you agree to accept and pay for the items requested.

Information on Our Website

In order to give you the best view of our products in great detail, some products may appear larger or smaller than their actual size in our photographs. Due to personal computer and monitor settings, color and size may vary slightly. We provide you with as much information and detail about our apparel and accessories as possible.

The material contained in this website has been checked for accuracy. However, MyShape.com makes no warranties or representations as to its accuracy and it is supplied without any expressed or implied warranties. Without limiting the foregoing, everything on the site is provided to you "AS IS" without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge by your use of this site that MyShape.com and its affiliates and agents assume no responsibility for any consequence, damage or loss relating directly or indirectly to any action or inaction you take based on the information, services or other materials on this site. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Site visitors should check local laws for any restrictions or limitations regarding the exclusions of implied warranties. In no event and under no legal or equitable theory, whether contract, tort or otherwise, shall MyShape or any of its affiliates, agents, vendors or suppliers be liable to you or any other person for any indirect, special, incidental or consequential losses or damages arising out of the use of or the inability to use this site. In no event will MyShape.com be liable to for any damages in excess of the monies paid by you in connection with your use of this site during the one-month period preceding the date on which your claim arose.

Product Availability and Pricing

MyShape.com reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. If you're interested in an item that is out of stock or back-ordered, contact us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item can go out of stock before we are able to post notification to the site. If this happens, we will notify you personally so we can help you find another item. All prices displayed on the MyShape.com site are quoted in U.S. dollars. While MyShape.com strives to provide accurate pricing and product information, inadvertent errors may occur. In the event of an error in pricing and product information, MyShape.com shall have the right in its sole discretion to refuse or cancel any orders placed for that item. Any advertised prices are not binding on MyShape.com and may be adjusted by MyShape.com at any time. We apologize for any inconvenience that this may cause. Placement of an order and receipt of an order confirmation does not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.

Order Acceptance

MyShape.com may be unable to accept certain orders and reserves the right to cancel or refuse any order for any reason. You will not be charged until your payment method is authorized, the order information is verified and your order is shipped. MyShape.com will contact you if all or any portion of your order is canceled or if additional information is required to process your order. If your order is canceled after your credit card has been charged, MyShape.com will issue a credit to your credit card in the amount of the charge.

Copyrights and Trademarks

All contents, documents and material in this site are copyrights, trademarks and other intellectual property owned, controlled or licensed by MyShape.com or by third parties who have licensed their materials to MyShape.com. Access to this site does not confer and shall not be considered to confer upon anyone any license under any of MyShape.com's or any third party's intellectual property rights. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use. No right, title or interest in any downloaded materials is transferred to you as a result of such downloading. The images of people or places displayed on the site are either the property of, or used with permission of, MyShape.com. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Nothing contained on the site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the site without the written permission of MyShape.com or any third party that may own the trademarks or service marks displayed on the site. MyShape.com will aggressively enforce its intellectual property rights to the fullest extent of the law.

Indemnification

You agree to defend, indemnify and hold harmless MyShape.com, MyShape.com's vendors and their affiliates and related entities and their respective directors, officers, employees and agents from and against all claims, losses, damages, liabilities and costs (including but not limited to reasonable attorneys' fees and court costs) arising out of or relating to your breach of these Terms or your access to or use of the MyShape.com site. The foregoing indemnification obligation shall survive termination of these Terms and the MyShape.com site and any product or service provided to you arising out of or relating to your use of the MyShape.com site.

Submissions

All comments, suggestions, feedback, ideas and other submissions offered or submitted to MyShape.com on or by this site or otherwise offered or submitted in connection with your use of this site (the "Comments") shall be and remain the property of MyShape.com. Such offer or submission of any Comments shall constitute an assignment to MyShape.com of all worldwide rights, title and interest of any kind whatsoever in such Comments. MyShape.com shall exclusively own all such rights, title and interests and shall not be limited in any manner in its use of the Comments for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, posting, developing, manufacturing and marketing products or services using information contained in such Comments. MyShape.com is and shall be under no obligation to pay any compensation for any Comments or respond to any user for such Comments. Except as otherwise expressly provided herein or in the MyShape.com privacy policy posted on the MyShape.com site, any Comment is and will be treated as non-confidential and non-proprietary.

Linked Third Party Sites

Links to other Internet sites operated by third parties, including MyShape.com vendors, do not constitute sponsorship, endorsement or approval by MyShape.com of the content, policies or practices of such linked sites. Linked sites are not operated, controlled or maintained by MyShape.com, and MyShape.com is not responsible for the availability, content, security, policies or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

Miscellaneous

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by MyShape.com of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

MyShape.com shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood or any other Act of God, any law, regulation, ordinance or other act or order of any court, government or governmental agency or delays, unavailability, errors or other failures of the Internet or other data networks.

Access to or use of the MyShape.com site shall not be construed as MyShape.com's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of California. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law provisions. Additionally, any claims brought against MyShape.com shall be governed by and construed in accordance with the laws of the State of California. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of this website or any orders placed or products purchased on the MyShape.com site, shall be in the state or federal courts located in the County of Los Angeles, State of California.

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