Results Weight Loss®
TERMS AND CONDITIONS OF USE
The ResultsWeightLoss.com website (the “Website”) provides information about Results Weight Loss (“RWL”) and its experts offering tips, knowledge, advice and products. The Website also provides information regarding the RWL web store (the “Web Store”) and third parties. We make this Website available to the public subject to the following terms, policies and guidelines. By visiting the Website, you agree to abide by these Terms and Conditions of Use. If you do not wish to be bound by these Terms and Conditions of Use, you may not use the Website and must immediately cease use of the Website.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE OR WEB STORE.
USAGE REGULATIONS
The Website is made available for informational purposes only. You may display, reformat and print information from the Website for your own personal, non-commercial use only. You may not sell, re-publish, distribute or display any Content or other material from the Website for any other purpose. All such uses are strictly prohibited without our express prior written consent, and such consent may be given or withheld in our discretion. You agree that you will not in any way modify, move, add to, delete from or tamper with any Content or feature of the Website or interfere in any way with its proper functioning. We reserve the right to suspend or terminate access to the Website by anyone who violates these Terms of Use or any applicable law or whose conduct is harmful to the interests of RWL, affiliated companies or any third-party licensors. We may take steps to prohibit access and/or use without prior notice to any such user. Please review our Privacy Policy for information about our use of information collected through the Website. All sales of products through the web store are subject to these Terms and Conditions of Use.
OUR USE OF COLLECTED INFORMATION
We may use information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the Web Store or website, or use certain other Website features including, but not be limited to, the following ways:
• To personalize your Website experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To allow us to better service you in responding to your inquiries, purchases and customer service requests.
• To quickly process your transactions.
• To administer a contest, promotion, survey or other site feature.
• To deliver our Newsletter and special promotions information
• To share information with you regarding upcoming sales, events, promotions and products.
• To share information with advertisers, third parties and affiliates
If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails or printed materials. If you would no longer like to receive promotional e-mail from us, please opt-out by using the link on the latest promotional offering you received by e-mail. You may also log onto the Web Store and delete your registered user’s account, which will also negate site purchases until you re-register. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be retained in our client, members list database, and potentially used to solicit your return to the website as a customer.
PRODUCTS
Product availability, product descriptions and product prices are subject to change by RWL at any time without prior notice. Product descriptions and product images are provided to RWL by its vendors. RWL does not independently verify the accuracy of product descriptions. RWL makes commercially reasonable efforts to keep product information current, but some information may be out of date from time to time. Certain weights, measures and similar descriptions are approximate and are provided for convenience only.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Also, consult your physician or other qualified health provider before beginning any dietary program. You assume all risks arising from your use of any dietary program or instructions provided through the Website, including purchases from the Web Store.
VIDEO AND BOOKS
All videos (regardless of format) and books are sold for personal use and may not be copied for further distribution or sale. Videos are sold for private, home use only. Public performance of videos is not permitted, whether or not an admission fee is charged.
SUPPLEMENTS
Statements regarding dietary supplements contained in product descriptions or elsewhere in the Web Store have not been evaluated by the Food and Drug Administration. No information on the website regarding dietary supplements or otherwise is intended to diagnose, treat, cure or prevent any disease.Carefully read all product packaging prior to use of any product.
PRICE AND PAYMENT
Product prices are subject to change from time to time by RWL without prior notice. The price charged by RWL for any product will be the price listed for such product in the Web Store at the time an order is submitted to RWL. Product prices do not include shipping and handling fees or sales taxes. RWL will add shipping and handling charges to your order. Please refer to the Shipping and Taxes sections of these Terms for information on sales tax. Orders must include current, valid credit card information. By submitting an order to purchase products through the Web Store, you authorize RWL to charge to the credit card identified in your order the price for all products purchased in the order, plus all applicable shipping and handling charges and taxes.
CREDIT & DEBIT CARDS
We accept the credit cards and debit cards listed on our site. Upon Web Store check-out, the accepted payment methods will be displayed. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.
ACCEPTANCE OF ORDER
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. RWL reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item, with an adjustment to your billed amount.
MULTIPLE PRODUCT ORDERS
For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges.
SHIPPING
Most orders will be shipped within 3-4 business days, provided the product ordered is in stock. Orders are not processed or shipped on Saturday, Sunday or national holidays.
Products are normally shipped via FedEx Ground (3-5 business days for delivery), unless specific alternative shipping methods are selected during the check-out process. We do not ship to PO Boxes (FedEx cannot deliver to PO Boxes).
We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by RWL or other parties (such as FedEx, USPS, UPS) only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.
OUT OF STOCK ORDERS
We will ship your product as it becomes available; however, there may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and/or unavailable for immediate shipment. You may cancel your order at any time prior to shipping.
RETURNS – REFUNDS & EXCHANGES – EXCLUSIVE REMEDY
Due to the consumable nature of the products we sell, we cannot accept returns or give refunds on merchandise; all sales are final. If there is a specific problem with your order, you must contact us using the phone number or e-mail address provided on the “Contact Us” page of the Web Store, within ten (10) calendar days of date of purchase. We will gladly provide an exact item exchange for any product that is defective. Fulfillment mistakes resulting in the shipment and delivery of a product not ordered by you will also be accepted within ten (10) days from the date of purchase. The corrected replacement item will be exchanged and shipped once the returned item has arrived back to our facility. Items damaged during shipment are not the responsibility of RWL and are to be addressed with the carrier (FedEx, USPS, UPS etc.) in accordance with their shipping terms and conditions. RWL’s sole liability, and your exclusive remedy, for any claim you may have in connection with a product purchased through the Web Store is a refund of the applicable purchase price.
PRICING ERRORS
In the event a product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, RWL shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. RWL shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, RWL shall immediately issue a credit to your credit card account in the amount of the incorrect price.
TAXES
RWL shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state where RWL has a physical store front presence. Each state’s consumer tax laws shall prevail. RWL products in Florida are exempt from sales tax. For orders shipped to other states, you are solely responsible for all sales taxes or other tax. Sales tax amounts are displayed during check-out of your purchase.
REGISTRATION
To access this Website or some of the resources offered on this Website, you may be asked to provide registration details. It is a condition of use of this Website that all the details you provide will be correct, current and complete. If RWL believes the details are not correct, current or complete, RWL has the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account.
SECURITY
Any passwords used for this Website are for individual use only. You are responsible for the security of your password (if any). RWL shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that RWL considers insecure, RWL will be entitled to require it to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (for example, password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, RWL reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
We implement a variety of security measures to maintain the safety of your personal information while visiting the Website. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special administrative access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
THIRD-PARTY CONTENT AND LINKS
The Website includes information provided by third parties, including opinions and advice of experts in different fields. RWL, affiliated companies, and their respective employees are not responsible for the opinions, statements, services, offers or other information provided by third parties. The Website may include the personal recommendations and opinions of RWL. The opinions of RWL are not endorsements of any organization, product or service, and neither RWL, any affiliated companies nor any of their respective employees or agents makes any representation or warranty or assumes any liability regarding the quality of products or services that may be purchased by you from any third party. The Website includes hyperlinks that will take you out of the Website to third-party websites. Links to third-party websites may be included in advertisements for third-party services, or they may be accompanied by descriptions of third-party services. All links to third-party websites are provided for your convenience only. Neither RWL, nor any affiliated company controls the content or operation of any linked third-party websites, and we disclaim any responsibility for any product, service or information provided on any linked website.
NEITHER THE PUBLICATION OF THIRD-PARTY CONTENT OR ADVERTISEMENTS ON THE WEBSITE NOR LINKS TO THIRD-PARTY WEBSITES CONSTITUTES AN ENDORSEMENT OF THE THIRD PARTY OR ITS PRODUCTS OR SERVICES BY RWL, ANY AFFILIATED COMPANY OR BY ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS.
COOKIES
We do use cookies. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow them through your permissions setting). Cookies enable the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your RWL shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. If you turn cookies off, you won't have access to many features that make your RWL shopping experience more efficient and some of our services will not function properly; however, you can still place orders over the telephone by contacting customer service.
• ENABLING COOKIES: Once on the RWL Web Store there is a link on the red bottom banner which reads “How to Enable Cookies”. Specific directions are located using that link.
DISCLAIMER; NO MEDICAL ADVICE PROVIDED
The content on this Website is provided for informational purposes only and is not intended to be a substitute for professional medical advice. This dietary program is not designed for use with children under the age of 18. You should consult your physician or other qualified health provider before beginning this or any other dietary program. At any time you have questions regarding a medical condition, you should seek the advice of your physician or other qualified health care provider. None of the contents of this Website are intended to be relied upon for medical treatment or diagnosis. Any opinions expressed on this Website are the opinions of the authors and neither RWL, its affiliated companies nor any of its employees assumes any liability for the contents of any materials provided on the Website. Reliance upon any opinion or advice provided on the Website is at your own risk. Neither RWL, its affiliated companies nor any of its employees assumes liability or responsibility for damage or injury to person or property arising from any use of any product, service, information or instruction contained on this Website.
COPYRIGHT AND TRADEMARKS
All content on the Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of Results Weight Loss or companies with which it is affiliated, or third parties that have licensed Content and software for use on the Website. All Content and software are protected by U.S. and international copyright laws. The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website, including, but not limited to, Results Weight Loss®, Results Weight Loss and Design® and ResultsWeightLoss.com™ are registered or unregistered trademarks of RWL, affiliated companies or third parties that have licensed the Trademarks for use on the Website. No license is granted for any further use of any Trademarks. All rights not expressly granted in these Terms of Use are reserved.
LINKING AND FRAMING
Without the prior written permission of RWL, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of RWL or any of its licensors into another website or other service. Without the prior written permission of RWL, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of RWL or any of its licensors into another website or other service.
COMMENTS AND SUGGESTIONS
We appreciate your comments and feedback about the Website. Please note that by providing comments, ideas or suggestions to us, you grant to us and our affiliates a non-exclusive, transferable, irrevocable, worldwide, royalty-free, perpetual license and right to use, modify, reproduce, disclose, publish and distribute such submissions for any purpose, without restriction, without compensating you in any way and without right of attribution. If you do not wish to grant us such rights, we ask that you not send us or post comments or other submissions, particularly any information you consider to be confidential or original creative material, such as scripts, story ideas, photographs or original artwork.
WARRANTY
Warranties for all products purchased through the Web Store are limited to those warranties provided by the respective manufacturers, distributors or suppliers of such products. RWL has no responsibility for such warranties, if any.
LIABILITY
The Website is made available "AS IS". Neither RWL, any affiliated company nor any of their respective employees or agents makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the Content or other information and materials included on the Website.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, RWL, AFFILIATED COMPANIES AND THEIR RESPECTIVE EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SITE WILL OPERATE UNINTERRUPTED OR ERROR FREE.
In the event of any final determination that you are entitled to damages as a result of or in connection with your use of the Website, RWL, affiliated companies, third-party licensors of Content and their respective employees and agents shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500 in the aggregate.
UNDER NO CIRCUMSTANCES WILL RWL, ANY AFFILIATED COMPANY OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY INDIRECT LOSSES OR DAMAGES IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT INCLUDED ON THE WEBSITE OR FOR ANY CLAIM ARISING IN CONNECTION WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLAIMS ARISING IN CONNECTION WITH PURCHASES THROUGH THE WEB STORE SHALL BE LIMITED TO ACTUAL DAMAGES IN AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE PAID TO RWL.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless, RWL, its officers, directors, employees, agents, licensors and suppliers, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
MODIFICATION; WAIVER
The Website and the products, services and programs described in the Website may be changed, eliminated or updated without prior notice. We may also make changes to these Terms of Use and any Website-related policies, rules or guidelines at any time. Revised terms will be effective when posted to the Website unless otherwise provided by us in the revision. Your continued use of the Website after new Terms of Use or any revised policies, rules or guidelines are posted constitutes your agreement to abide by the revised terms.
WARRANTIES
All products purchased through the Website and provided by third-party manufacturers, distributors or supplies are limited to those warranties provided by such third parties of such products. We have no responsibility for such warranties, if any.
DISCLAIMER: OTHER THAN EXPRESS WARRANTIES RELATING TO THE PRODUCT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RWL, COMPANIES WITH WHICH IT IS AFFILIATED AND THEIR EMPLOYEES DISCLAIM ALL PRODUCT-RELATED WARRANTIES OF THIRD PARTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, THEY DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY PRODUCT DESCRIPTION OR OTHER INFORMATION PROVIDED ON THE WEBSITE. FURTHER THEY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECTS, PRODUCT MISUSE OR ABUSE, IMPROPER PRODUCT SELECTION OR NON-COMPLIANCE OF ANY PRODUCT WITH APPLICABLE LAWS OR REGULATIONS. THIS DISCLAIMER SHALL BE LIMITED TO THE EXTENT (IF ANY) THAT IT IS PROHIBITED BY APPLICABLE LAW.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. ALSO, CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER BEFORE BEGINNING ANY DIETARY PROGRAM. YOU ASSUME ALL RISKS ARISING FROM YOUR USE OF ANY DIETARY PROGRAM OR INSTRUCTIONS PROVIDED THROUGH THE WEBSITE, INCLUDING PURCHASE FROM THE WEB STORE.
GOVERNING LAW
This Website is created and maintained in the State of Florida, USA. As such, the laws of the State of Florida govern these Terms of Use without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied. In the event of any dispute relating to the Website, you consent to the personal jurisdiction of courts (state and federal) sitting in the State of Florida, acknowledge that venue is only proper in the state courts in Collier County, Florida, or the federal court sitting in Lee County, Florida, and waive any objection you may have in the future with respect to any of the foregoing. Any claim or action that any party may have arising from or related to use of the Website must be filed within one (1) year after the claim or cause of action arises. Any claim or action not filed within such time will be forever barred.
ENTIRE AGREEMENT
These Terms of Use and the Privacy Policy constitute the entire agreement between us and you with respect to the Website. No prior or current agreements or communications between the parties will have any effect as part of this agreement or as a separate continuing agreement.
CONTACTING US
