Here's what you get:
Your free trial includes
3 FREE full-size bottles of Skinny
Gazelle Accompli-Shape Energy plus, a
FREE 1 month supply of
LipoRidPM Deep Sleep REM Nighttime
Recharger. We promise you that if you
put our products to the test, you’ll
love the results.
Here's how it works:
1. We will
send you a free 3-pack trial supply of
Skinny Gazelle.
2. You pay only the shipping and
handling fee for the free trial, and
must provide a payment method to allow
us to charge your account for this
amount.
3. By signing up for the free trial
offer, if you don’t cancel before the
end of 7th day after
submitting your free trial order, you
also agree to receive and authorize us
to charge you $89.95
(plus tax if applicable) each
month for a 30-bottle supply of
Skinny Gazelle.
You have 7 days to cancel
Skinny Gazelle
without being enrolled in the
Skinny Gazelle
Healthy Unstoppable Energy Club which
includes the shipment every 30 days
mentioned above. Shipping is free for
your regular monthly shipments. As a
Skinny Gazelle
Healthy Unstoppable Energy Club member
you also get 10% off and free shipping
on all
Skinny Gazelle
and other purchases on BuySkinnyGazelle.com.
4. The 30
day supply of Skinny
Gazelle initially includes
one 3-pack trial supply of
Skinny
Gazelle and a 1 month supply of
LipoRidPM Deep Sleep REM Nighttime
Recharger,
but you are free to change the amount of
products and frequency at which you
receive them. Changing the amount of
product that you receive will change the
cost. Shipping is always free.
5. $89.95
(plus tax if applicable) will
be billed automatically each month to
your designated payment method unless
you cancel at least 1 day prior to the
next billing date by calling
1-800-701-4556.
You may also pause, change, or modify
your order at any time by visiting
www.skinnygazelle.com/login.cfm.
Skinny Gazelle Money Back Guarantee
Strictly Health stands
behind Skinny
Gazelle
healthy unstoppable energy products. If
you're unhappy with your purchase for
any reason — even if you've used all of
the products — you can return the
products or the empty containers for a
full refund of the purchase price minus
shipping and handling.
To obtain your refund, you must do the
following: Call us at 800-701-4556
within 20 days of purchase. You will be
given a Return Merchandise Authorization
(RMA) number. This RMA number is valid
for 30 days and must be written on the
outside of the box containing the
returned product. To receive your
refund, you must return and we must
receive the returned product within this
30 day period, i.e., before the RMA
number expires. Be sure to write the
return merchandise authorization (RMA)
number on the outside of the box. You
pay for return shipping.
Address the return package to: The
Strictly Health, 795 Commerce Drive,
Unit 1, Venice, FL 34292. We will not
accept or issue a refund for any
packages marked return to sender or
refused. If you return a package, we
recommend that you get proof of
shipment. Upon receipt of your returned
product with a valid RMA number, a
refund will be issued to your credit
card.
TERMS OF SERVICE
This Terms of Service (“TOS”) is a
legally binding agreement made by and
between
Strictly Health
(“we” or “us”) and you, personally and,
if applicable, on behalf of the entity
for whom you are using this web site
(collectively, “you”). This TOS governs
your use of the
SkinnyGazelle.com and
BuySkinnyGazelle.com web
sites (“Web Sites”) and the services we
offer on the Web Sites (“Services”), so
please read it carefully.
BY ACCESSING OR USING ANY PART OF THE
WEB SITES, YOU AGREE THAT YOU HAVE READ,
UNDERSTAND AND AGREE TO BE BOUND BY THIS
TOS. IF YOU DO NOT AGREE TO BE SO
BOUND, DO NOT ACCESS OR USE THESE WEB
SITES.
INTERNET TECHNOLOGY AND THE APPLICABLE
LAWS, RULES, AND REGULATIONS CHANGE
FREQUENTLY. ACCORDINGLY, WE RESERVE THE
RIGHT TO MAKE CHANGES TO THIS TOS AT ANY
TIME. YOUR CONTINUED USE OF THESE WEB
SITES CONSTITUTES ASSENT TO ANY NEW OR
MODIFIED PROVISION OF THIS TOS THAT MAY
BE POSTED ON THE WEB SITES.
1.
Using The Web Site.
(a)
Eligibility.
Except as expressly provided below, the
Web Sites may only be used by
individuals and entities who can form
legally binding contracts under
applicable law. No person under the age
of 18 may use the Web Sites without the
supervision of a parent or legal
guardian. Your use of the Web Sites
will be deemed to be a representation
that you are 18 years of age or older or
using the Web Sites with the permission
of your parent or guardian. We require
that all purchases be made either (i) by
individuals 18 years of age or older or
(ii) by minors given verifiable
permission by their parent or legal
guardian to purchase items on the Web
Sites.
(b)
License and Restrictions.
Subject to the terms and conditions of
this TOS, you are hereby granted a
limited, non-exclusive right to use the
content and materials on our Web Sites
in the normal course of your use of the
Web Sites. We will retain ownership of
our intellectual property rights and you
will not obtain any rights therein by
virtue of this TOS or otherwise, except
as expressly set forth in this TOS. You
will have no right to use, copy,
display, perform, create derivative
works from, distribute, transmit or
sublicense materials or content
available on the Web Sites, except as
expressly set forth in this TOS.
(c)
Prohibited Conduct.
In your use of the Web Sites, you may
not: (i) infringe any patent,
trademark, trade secret, copyright,
right of publicity or other right of any
party; (ii) disrupt or interfere with
the security or use of the Web Sites or
any web sites linked to the Web Sites;
(iii) interfere with or damage the Web
Sites, including, without limitation,
through the use of viruses, cancel bots,
Trojan horses, harmful code, flood
pings, denial of service attacks, packet
or IP spoofing, forged routing or
electronic mail address information, or
similar methods or technology;
(iv) impersonate another person or
entity, misrepresent your affiliation
with a person or entity, including
(without limitation) us, or use a false
identity; (v) attempt to obtain
unauthorized access to the Web Sites;
(vi) engage, directly or indirectly, in
transmission of “spam,” chain letters,
junk mail or any other type of
unsolicited solicitation; (vii) collect,
manually or through an automatic
process, information about other users
or the Web Sites without their or our
express written consent; (viii) submit
false or misleading information to us;
(ix) violate any law, rule, or
regulation; (x) engage in any activity
that interferes with any third party’s
ability to use or enjoy the Web Sites;
or (xi) assist or encourage any third
party in engaging in any activity
prohibited by this TOS.
2.
Password and Account Security.
(a)
Registration.
You may create your own account on the
Web Sites by completing the online
registration process on the Web Sites,
and must do so if you would like to make
a purchase. In doing so, you must
provide us with accurate and complete
registration information, and update it
if this information changes. It is
particularly important to keep the
e-mail address associated with your
account current because although you may
be able to log into your Web Sites
account using an old e-mail address, you
will not be able to receive messages
from us about your orders or other
matters.
(b)
Accounts and Passwords.
Following registration, we will create
an account for you and assign you, or
allow you to select, a password. You
must keep your password confidential.
You will be responsible for all use of
your password, including, without
limitation, any use by any unauthorized
third party. You must notify us
immediately if you believe your password
may be used by any unauthorized person
or entity. For security purposes, we
recommend you change your password
often. Under no circumstance should you
respond to a request for your password.
Our employees will never ask for your
password. You must notify us
immediately if you receive such a
request. We reserve the right to
suspend or terminate your use of the Web
Site if we believe that your password is
being used without permission or
otherwise in a manner that may disrupt
the Web Site.
3.
Your Content.
(a)
License.
By posting, storing, or transmitting any
content on or to the Web Sites, you
hereby grant us a perpetual, worldwide,
non-exclusive, royalty-free,
sub-licensable, right and license to
use, copy, display, perform, create
derivative works from, distribute, have
distributed, transmit and sublicense
such content in any form, in all media
now known or hereinafter created,
anywhere in the world. You hereby
irrevocably waive any claims based on
moral rights or similar theories, if
any.
(b)
Objectionable Content.
We do not have the ability to control
the nature of the user-generated content
offered through the Web Site. You are
solely responsible for your interactions
with other users of the Web Site and any
content that you post. We will not be
liable for any damage or harm resulting
from any content or your interactions
with other users of the Web Site. We
reserve the right, but have no
obligation, to monitor interactions
between you and other users of the Web
Site and take any other action to
restrict access to or the availability
of any material that we or another user
of the Web Site may consider to be
obscene, lewd, lascivious, filthy,
excessively violent, harassing or
otherwise objectionable (including,
without limitation, because it violates
this TOS).
4.
Accuracy of Information.
We attempt to ensure that the
information on the Web Site is complete
and accurate; however, this information
may contain typographical errors,
pricing errors, and other errors or
inaccuracies. We assume no
responsibility for such errors and
omissions, and reserve the right to:
(i) revoke any offer stated on the Web
Site; (ii) correct any errors,
inaccuracies or omissions; and
(iii) make changes to prices, content,
promotions, product descriptions or
specifications, or other information on
the Web Site.
5.
Sales Tax.
If
you purchase any products available on
the Web Site (“Products”), you will be
responsible for paying any sales tax
indicated on the Web Sites.
6.
Shipping Limitations.
When
you place an order for Products, we will
ship the Products to the address
designated by you. Risk of loss and
title for Products pass to you upon
delivery of the Products to the
carrier. You are responsible for filing
any claims with carriers for damaged or
lost shipments.
7.
Fraud.
We reserve the right, but undertake no
obligation, to actively report and
prosecute actual and suspected credit
card fraud. We may, in our discretion,
require further authorization from you
such as a telephone confirmation of your
order and other information. We reserve
the right to cancel, delay, refuse to
ship, or recall from the shipper any
order if fraud is suspected. We capture
certain information during the order
process, including time, date, IP
address, and other information that will
be used to locate and identify
individuals committing fraud. If any
Web Site order is suspected to be
fraudulent, we reserve the right, but
undertake no obligation, to submit all
records, with or without a subpoena, to
all law enforcement agencies and to the
credit card company for fraud
investigation. We reserve the right to
cooperate with authorities to prosecute
offenders to the fullest extent of the
law.
8.
Security.
We employ measures designed to ensure
the security of the Web Sites, but, as
provided below, make no guarantees in
this regard.
9.
Intellectual Property Rights.
(a)
Copyright.
All materials on the Web Sites including
without limitation, the logos, design,
text, graphics, other files, and the
selection and arrangement thereof are
either owned by us or are the property
of our suppliers or licensors.You may
not use such materials without
permission. © 2008 Strictly Health
Corp, LLC. ALL RIGHTS RESERVED.
(b)
Trademarks.
Strictly Health Corp is a trade name we
own.
Skinny Gazelle™,
the related design marks, and other
trademarks on the Web Site are owned by
us. Page headers, custom graphics,
button icons and scripts are trademarks
or trade dress we own. You may not use
any of these trademarks, trade dress, or
trade names without our express written
permission.
10.
Third-Party Services.
We may use third parties to provide
certain services accessible through the
Web Sites and may provide links to
third-party web sites. We do not
control those third parties, their
services, or their web sites. We will
not be liable to you in any way for your
use of such services or web sites.
These third parties may have their own
terms of use and other policies. You
must comply with such terms and policies
as well as these TOS when you use these
services and web sites.
11.
Linking and Framing.
You
may not deep link to portions of the Web
Site, or frame, inline link, or
similarly display any of our property,
including, without limitation, the Web
Site. You may not use any of our logos
or other trademarks as part of a link
without express written permission.
12.
Comments.
All
comments, feedback, suggestions, ideas,
and other submissions that you disclose,
submit or offer to us in connection with
your use of the Web Site (collectively,
“Comments”) will become our exclusive
property. Such disclosure, submission
or offer of any Comments shall
constitute an assignment to us of all
worldwide right, title and interest in
all patent, copyright, trademark, and
all other intellectual property and
other rights whatsoever in and to the
Comments and a waiver of any claim based
on moral rights, unfair competition,
breach of implied contract, breach of
confidentiality, and any other legal
theory. You will, at our cost, execute
any documents to effect, record, or
perfect such assignment. Thus, we will
own exclusively all such right, title
and interest and shall not be limited in
any way in the use, commercial or
otherwise, of any Comments. You should
not submit any Comments to us if you do
not wish to assign such rights to us.
We are and will be under no obligation:
(i) to maintain any Comments in
confidence; (ii) to pay to you or any
third party any compensation for any
Comments; or (iii) to respond to any
Comments. You are and shall remain
solely responsible for the content of
any Comments you make.
13.
Indemnification.
You
agree to hold us and our employees,
representatives, agents, attorneys,
affiliates, directors, officers,
managers and shareholders (the
“Indemnified Parties”) harmless from any
damage, loss, cost or expense (including
without limitation, attorneys’ fees and
costs) incurred in connection with any
third-party claim, demand or action
(“Claim”) brought or asserted against
any of the Indemnified Parties arising
from, related to, or connected with your
use of the Web Site. If you are
obligated to provide indemnification
pursuant to this provision, we may, in
our sole and absolute discretion,
control the disposition of any Claim at
your sole cost and expense. Without
limitation of the foregoing, you may not
settle, compromise or in any other
manner dispose of any Claim without our
consent.
14.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
(a)
DISCLAIMER OF WARRANTIES.
WE PROVIDE THE WEB SITE ON AN “AS IS”
AND “AS AVAILABLE” BASIS. WE DO NOT
REPRESENT OR WARRANT THAT THE WEB SITE,
THE SERVICES, ITS USE, ANY INFORMATION
ON IT: (I) WILL BE UNINTERRUPTED OR
SECURE, (II) WILL BE FREE OF DEFECTS,
INACCURACIES OR ERRORS, (III) WILL MEET
YOUR REQUIREMENTS, OR (IV) WILL OPERATE
IN THE CONFIGURATION OR WITH OTHER
HARDWARE OR SOFTWARE YOU USE. WE MAKE
NO WARRANTIES OTHER THAN THOSE MADE
EXPRESSLY IN THIS TOS, AND HEREBY
DISCLAIM ANY AND ALL IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY AND NON-INFRINGEMENT.
(b)
DISCLAIMER OF FORWARD-LOOKING
STATEMENTS.
THESE WEB SITES MAY CONTAIN
FORWARD-LOOKING STATEMENTS THAT REFLECT
OUR CURRENT EXPECTATION REGARDING FUTURE
EVENTS AND BUSINESS DEVELOPMENT. THE
FORWARD-LOOKING STATEMENTS INVOLVE RISKS
AND UNCERTAINTIES. ACTUAL DEVELOPMENTS
OR RESULTS COULD DIFFER MATERIALLY FROM
THOSE PROJECTED AND DEPEND ON A NUMBER
OF FACTORS, SOME OF WHICH ARE OUTSIDE
OUR CONTROL.
(c)
HEALTH RELATED INFORMATION.
WE PROVIDE INFORMATION ON THE WEB SITES
FOR INFORMATIONAL PURPOSES ONLY. IT IS
NOT MEANT AS A SUBSTITUTE FOR THE ADVICE
OF A DOCTOR OR OTHER HEALTH CARE
PROFESSIONAL. YOU SHOULD NOT USE THE
INFORMATION AVAILABLE ON OR THROUGH THE
WEB SITES FOR DIAGNOSING OR TREATING A
MEDICAL CONDITION. YOU SHOULD CAREFULLY
READ ALL PRODUCT INSTRUCTIONS PRIOR TO
USE.
(d)
PRODUCTS.
ALL PRODUCTS ARE SUBJECT ONLY TO ANY
APPLICABLE WARRANTIES OF THEIR
RESPECTIVE MANUFACTURERS, DISTRIBUTORS,
AND SUPPLIERS, IF ANY, PROVIDED IN THE
PRODUCT PACKAGING. TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, WE
HEREBY DISCLAIM ALL WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, OR FITNESS FOR A
PARTICULAR PURPOSE. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, WE
HEREBY EXPRESSLY DISCLAIM ALL LIABILITY
FOR PRODUCT DEFECT OR FAILURE, CLAIMS
THAT ARE DUE TO NORMAL WEAR, PRODUCT
MISUSE, ABUSE, PRODUCT MODIFICATION,
IMPROPER PRODUCT SELECTION,
NON-COMPLIANCE WITH ANY CODES, OR
MISAPPROPRIATION.
(e)
EXCLUSION OF DAMAGES.
WE WILL NOT BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT, PUNITIVE OR
SPECIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES RELATING TO LOST
PROFITS, LOST DATA OR LOSS OF GOODWILL)
ARISING OUT OF, RELATING TO OR CONNECTED
WITH THE USE OF THE WEB SITE OR
PRODUCTS, REGARDLESS OF THE CAUSE OF
ACTION ON WHICH THEY ARE BASED, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OCCURRING.
(f)
LIMITATION OF LIABILITY.
IN NO EVENT WILL OUR AGGREGATE LIABILITY
ARISING FROM, RELATING TO, OR IN
CONNECTION WITH THIS TOS (INCLUDING,
WITHOUT LIMITATION, CLAIMS RELATING TO
THE WEB SITES, OR THE PRODUCTS)
EXCEED THE GREATER OF $100 OR THE AMOUNT
THAT YOU PAID FOR THE PRODUCTS.
15.
Domestic Use; Export Restriction.
We control the Web Sites from our
offices within the United States of
America. We make no representation
that the Web Sites or its content
(including, without limitation, any
products or services available on or
through the Web Sites) are appropriate
or available for use in other locations.
Users who access the Web Sites from
outside the United States of America do
so on their own initiative and must bear
all responsibility for compliance with
local laws, if applicable. Further, the
United States export control laws
prohibit the export of certain technical
data and software to certain
territories. No content from the Web
Site may be downloaded in violation of
United States law.
16.
Force Majeure.
We will not be liable for failing to
perform under this TOS because of any
event beyond our reasonable control,
including, without limitation, a labor
disturbance, an Internet outage or
interruption of service, a
communications outage, failure by a
service provider to perform, fire,
terrorism, natural disaster or war.
17.
Arbitration.
All disputes arising out of or relating
to this TOS (including its formation,
performance or alleged breach) or your
use of the Web Site will be exclusively
resolved under confidential binding
arbitration held in Sarasota, Florida
before and in accordance with the Rules
of the American Arbitration
Association. The arbitrator’s award
will be binding and may be entered as a
judgment in any court of competent
jurisdiction. To the fullest extent
permitted by applicable law, no
arbitration under this TOS will be
joined to an arbitration involving any
other party subject to this TOS, whether
through class arbitration proceedings or
otherwise. Notwithstanding the
foregoing, we will have the right to
seek injunctive or other equitable
relief in state or federal court located
in Sarasota, Florida to enforce this TOS
or prevent an infringement of a third
party’s rights. In the event equitable
relief is sought, each party hereby
irrevocably submits to the personal
jurisdiction of such court.
18.
WAIVER OF CLASS ACTION RIGHTS.
BY ENTERING INTO THIS TOS, YOU HEREBY
IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE
TO JOIN CLAIMS WITH THOSE OF OTHERS IN
THE FORM OF A CLASS ACTION OR SIMILAR
PROCEDURAL DEVICE. ANY CLAIMS ARISING
OUT OF, RELATING TO, OR CONNECTED WITH
THIS TOS MUST BE ASSERTED INDIVIDUALLY.
19.
Limitation of Actions.
You acknowledge and agree that,
regardless of any statute or law to the
contrary, any claim or cause of action
you may have arising out of, relating
to, or connected with your use of the
Web Sites, must be filed within one
calendar year after such claim or cause
of action arises, or forever be barred.
20.
Changes to the Web Site.
We may, in our sole discretion, change,
modify, suspend, make improvements to or
discontinue any aspect of the Web Site,
temporarily or permanently, at any time
without notice to you, and we will not
be liable for doing so.
21.
Termination.
We will have the right to terminate your
access to the Web Site if we reasonably
believe you have breached any of the
terms and conditions of this TOS.
Following termination, you will not be
permitted to use the Web Site and we
may, in our discretion, cancel any
outstanding Product Orders. If your
access to the Web Sites is terminated,
we reserve the right to exercise
whatever means we deem necessary to
prevent unauthorized access to the Web
Site, including, but not limited to,
technological barriers, IP mapping, and
direct contact with your Internet
Service Provider. This TOS will survive
indefinitely unless and until we choose
to terminate it, regardless of whether
any account you open is terminated by
you or us or if you have the right to
access or use the Web Sites.
22.
Integration.
This TOS contains the entire
understanding between you and us
regarding the use of the Web Site, and
supersedes all prior and contemporaneous
agreements and understandings between
you and us relating thereto.
1.
Additional Terms.
This TOS will be binding upon each party
hereto and its successors and permitted
assigns, and governed by and construed
in accordance with the laws of the State
of Florida without regard for conflict
of law principles. This TOS and all of
your rights and obligations under them
may not be assignable or transferable by
you without our prior written consent.
No failure or delay by a party in
exercising any right, power or privilege
under this TOS will operate as a waiver
thereof, nor will any single or partial
exercise of any right, power or
privilege preclude any other or further
exercise thereof or the exercise of any
other right, power, or privilege under
this TOS. You are an independent
contractor, and no agency, partnership,
joint venture, employee-employer
relationship is intended or created by
this TOS. The invalidity or
unenforceability of any provision of
this TOS will not affect the validity or
enforceability of any other provision of
this TOS, all of which will remain in
full force and effect.
