Effective June 15, 2017
These terms contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 17 (Dispute Resolution) for full details.
By accessing and/or using the Service, including by doing so after accessing this Agreement, you represent and warrant that you are at least 18 years old, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Service on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.
FDA DISCLAIMER; INDIVIDUAL RESULTS WILL VARY
This Website does not provide medical advice and no statement made on the website should be considered or construed as medical advice. Statements appearing on the Website regarding the efficacy of SEN’s dietary supplements, weight loss programs, and or other products (collectively, the “Products”) have not been evaluated by the FDA. The Products described herein are not intended to diagnose, treat, cure, or prevent any disease. Always consult your physician or health care professional before starting this or any other health and wellness program. If you are under the age of 18, pregnant, lactating, have known allergies, or have any other medical condition, please consult a physician before use. Discontinue use immediately and consult with your physician, if any allergic or adverse reaction occurs. Diabetics: Use only under direct medical supervision. KEEP ALL PRODUCTS OUT OF THE REACH OF CHILDREN.
Causes for weight gain or difficulty losing weight vary from person to person, as will the results of using our Products. Among other things, genetic predisposition, medical history, starting weight and activity level, rates of metabolism, and level of adherence to the nutrition and exercise components all play a role. No individual story or results depicted on the Website or in association with the Products should be viewed as typical.
PAYMENTS & SUBSCRIPTION PLANS
Payments; Refunds, Exchanges & Returns
You acknowledge and agree that SEN reserves the right to charge for access to the Website and use of the Services. All transmissions of payment information between you and the Website are secured with Internet-standard TLS (also known as HTTPS) encryption. We collect your name, address, and payment information to process your order.
When you shop with SEN, we want you to be completely satisfied. If for any reason you are not 100% satisfied, you may be eligible to return the products for a refund; or at the sole discretion of SEN, allow you to keep the products as well. If you received damaged or defective product(s), please contact the MyFatBellyGottaGoParty.com at Customer Support Department immediately. MyFatBellyGottaGoParty can replace those products at no charge in lieu of a refund.
To initiate a return please fill out the form to receive your Return Merchandise Authorization (RMA). When contacting us, please have your invoice number available. MyFatBellyGottaGoParty reserves the right to decline a refund if a Return Merchandise Authorization (RMA) was not issued prior to returning the Product(s). As a Retail Customer, you have 30 days from the date of purchase to initiate a return of either (a) Your initial order of Product placed, opened or unopened; or (b) Any Product(s) you are trying for the first time, opened or unopened. This applies to any order that you place.
The following items are non-refundable, except as required by law: shipping fees, administration fees, literature and sales aids, seasonal, discounted or promotional items. You are required to return all opened and unopened containers, as applicable, for a refund.
If eligible for a refund, SEN will credit the original form of payment within 30 days of the product being logged as returned by our distribution center.
Product Subscription Plans
SEN may offer product membership or subscription plans that enable you to receive—and be automatically billed for—regular shipments of Product at certain intervals (e.g., once per month), according to the terms of the subscription plan selected by you at the time of purchase. If you chose to enroll in a subscription plan, you understand and agree that, in addition to your first purchase, your credit or debit card on file will be charged for additional membership periods (e.g., once per month) without obtaining further permission or confirmation from you. In other words, subscription plans renew automatically unless cancelled in advance of the next payment period by you. Please pay attention to the payment terms and disclosures provided during the order process for your subscription plan.
Changes and Cancellation. To change or cancel a subscription plan, you may either call us at 800-294-3445 or log into your account. Changes and cancellations must be made at least three (3) days before your credit or debit card is charged for the next payment period.
Changes in Subscription Fees. It may be necessary for SEN to change the fees and charges in effect, including for any subscription plan, and SEN reserves the right, in its sole discretion, to lower your fees or switch your subscription plan to a lower package rate so long as it has the same Products and service level. SEN will not increase rates for your subscription plan without first providing you advanced notice of the increased rates by email and a reasonable opportunity for you to cancel or modify your subscription plan.
NO RELIANCE ON THIRD PARTY CONTENT
Opinions, advice, statements, or other information made available through the Service by third parties (including, without limitation, all information in any report obtained through the Service) are those of their respective authors, and should not necessarily be relied upon. Those authors are solely responsible for their content. SEN does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service. Under no circumstances will SEN be responsible for any loss or damage resulting from your reliance on information or other content posted through the Service transmitted to or by any third party.
ASSUMPTION OF RISK; RELEASE
You knowingly and freely assume all risk when using the Website, Service, Program and Product(s). You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify SEN and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the "Company Parties") from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Service.
USER ACCOUNT, ACCURACY, AND SECURITY
You will be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Service. You agree to notify SEN immediately of any unauthorized use of your Account. SEN shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by SEN, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your Account.
CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM COMPANY
By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you expressly consent to receive electronic and other communications from SEN, over the short term and periodically, including email communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by contacting us at Customer Support Department. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
THIRD PARTY WEBSITES
The Service may be linked with the websites of third parties ("Third Party Websites"), some of whom may have established relationships with SEN and some of whom may not. SEN does not have control over the content and performance of Third Party Websites. SEN has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Websites. Accordingly, SEN does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Websites. SEN disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Websites.
SEN imposes certain restrictions on your use of the Service. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited: (a) providing false, misleading, or inaccurate information to SEN or any other person in connection with the Service; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) modifying or changing the placement and location of any advertisement posted through the Service; (d) harvesting or otherwise collecting information about users, including email addresses and phone numbers; (e) without express written permission from SEN, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Service for any use, including without limitation use on Third Party Websites; (f) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (g) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization; (h) interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (i) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (j) while using the Service, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising; (k) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company Parties in providing the Service, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Service to determine and/or audit advertising revenues and payments, if applicable; (l) creating additional accounts to promote your (or another's) business, or causing others to do so; or (m) paying anyone for interactions on the Service.
You represent and warrant that, when using the Service, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
Including without limitation,SEN, the SEN logo, the MyFatBellyGottaGoParty mark and logo, and the WeightLoss Accelerator mark and logo (collectively, the "Company Marks") are trademarks or registered trademarks of SEN or its affiliates. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Service may be the trademarks of third parties. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in any of the Company Marks, or of any affiliate, generated as a result of your use of the Service will inure to the benefit of SEN, and you agree to assign, and do assign, all such goodwill to SEN. You shall not at any time, nor shall you assist others to, challenge SEN's right, title, or interest in, or the validity of, the Company Marks.
All content and other materials available through the Service, including without limitation the SEN logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by SEN or are the property of SEN's licensors and suppliers. Except as explicitly provided, neither your use of the Service nor this Agreement grant you any right, title, or interest in any such materials.
DISCLAIMERS, LIMITATION OF LIABILITY
SEN, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Service, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither SEN nor its licensors or suppliers warrants that the Service will meet your requirements, or that the operation of the Service will be uninterrupted or error-free. SEN disclaims all implied liability for damages arising out of the furnishing of the Service pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Service, whether caused by acts of commission or omission, or any other damage occurring. SEN shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of SEN, Company Parties, or SEN users, or their agents or representatives.
Your Responsibility for Loss or Damage; Backup of Data.
You agree that your use of the Service is at your sole risk. You will not hold SEN or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Service, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.
Limitation of Liability
In no event shall SEN or its licensors or suppliers be liable to you for any claims arising from your use with the Service, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to SEN or its licensors and suppliers arising out of or in connection with your use of the Service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between SEN and you. The Service would not be provided without such limitations.
Application of Disclaimers
The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and SEN or between you and any of SEN's licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. SEN's licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.
Without limiting any indemnification provision of this Agreement, you (the "Indemnitor") agree to defend, indemnify, and hold harmless SEN and the Company Parties (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim", and collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to SEN, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and SEN, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Service; (iv) your provision to SEN or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (v) your violations of Section 13 regarding prohibited uses of the Service and other prohibited conduct; or (vii) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.
If any Claim or Dispute relating in any way to your visit to the Site, or to any product(s) or program(s) purchased or used by you through the Site, cannot be resolve through negotiations, the parties (you and SEN) may submit the Claim or Dispute to confidential mediation pursuant to and in accordance with mediation rules set forth by the American Arbitration Association (AAA). If any Claim or Dispute is not submitted to, or is not settled through confidential mediation, either party may elect to have the Dispute or Claim finally and exclusively resolved by confidential binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).
You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.
The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, available at the AAA website, www.adr.org, or by calling the AAA at 1-800-778-7879. Except as otherwise may be provided for in this Agreement, you and SEN will each pay one-half (50%) of the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will pay one hundred percent (100%) of any filing, administration or the arbitrator fees. In that case, you also agree to reimburse SEN for all payments disbursed that are your obligation to reimburse under the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. SEN may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys' fees) at any time during the proceeding and upon request from either party, within fourteen (14) days of the arbitrator's ruling on the merits.
Restrictions Against Joinder of Claims
You and SEN agree that any arbitration shall be limited to each Claim individually. You and SEN agree that each may only bring claims against the other in your or SEN's individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
Remedies in Aid of Arbitration; Equitable Relief
This agreement to arbitrate will not preclude you or SEN from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or SEN from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. "Court of Competent Jurisdiction" means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in San Diego or Riverside County, California.
Venue for any Judicial Proceeding
This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in the State of California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdictionThe proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Murrieta, California. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
Without limiting any other provision of this Agreement, SEN reserves the right to, in SEN's sole discretion and without notice or liability, deny use of the Service to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement's representations, warranties, or covenants. Such termination shall be automatic, and shall not require any action by SEN.
You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to SEN notice of your intention to do so, in the manner required by Section 19.
Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Service. Upon termination, SEN may, but has no obligation to, in SEN's sole discretion, rescind any services and/or delete from SEN's systems all your Personal Information and any other files or information that you made available to SEN or that otherwise relate to your use of the Service. Upon termination, you shall cease any use of the Service.
After termination, SEN reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.
Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Sections 1-4, 7-9, and 11-20.
All notices required or permitted to be given under this Agreement must be in writing. SEN shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to SEN. You agree that any notice received from SEN electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with SEN is accurate and current, and notice to you shall be deemed effective upon the sending by SEN of an email to that address. You shall give any notice to SEN by submitting said notice to Customer Support Department.
Entire Agreement. This Agreement constitutes the entire agreement between SEN and you concerning your use of the Service.
Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of SEN, or by the unilateral amendment of this Agreement by SEN along with the posting by SEN of that amended version.
No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of SEN. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Independent Contractors. You and SEN are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
No Third Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnitees, and SEN's licensors and suppliers (to the extent expressly stated in this Agreement).
Injunctive Relief. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to SEN and SEN's licensors and suppliers, and would therefore entitle SEN or SEN's licensors or suppliers, as the case may be, to injunctive relief.
Headings. The headings in this Agreement are for convenience only, and shall have no legal or contractual effect.