Terms of use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

ShapeClub offers the ShapeClub website (the "Website") to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Website. By using the Website, you signify your assent to these Terms and Conditions and any subsequent modifications. ShapeClub may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Website as they are binding upon you.
 

Personal and Noncommercial Use

The ShapeClub Website is for your personal and noncommercial use. As a condition to your continued use of the Website, you warrant to ShapeClub that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.

Disclaimer of Warranties

Neither ShapeClub nor its employees, agents, third party information providers, merchants, licensors or the like warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free. If your use of the ShapeClub Website results in the need for servicing or replacing property, material, equipment or data, ShapeClub is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Website on behalf of ShapeClub. ShapeClub reserves the right to change or discontinue any aspect or feature of the Website at any time.

ShapeClub does not assume any liability for the contents of any material provided on the Website. Reliance on any information presented on the Website, other than that which you provided, is at your own risk. ShapeClub reserves the right to change or discontinue any aspect or feature of the Website at any time.

You acknowledge that, in connection with the Website, information will be transmitted over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of ShapeClub. Accordingly, ShapeClub assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Website.

To the extent any other disclaimers appear on the Website or the websites of any of ShapeClub’s partners that are applicable to ShapeClub’s users, there are herein incorporated by reference.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE, IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THE WEBSITE. SHAPECLUB MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEBSITE OR SHAPECLUB’S SERVICES.
 

Limitation of Liability

IN NO EVENT SHALL SHAPECLUB OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SHAPECLUB WEBSITE OR THE CONTENT OF THE WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHAPECLUB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
 

Indemnification

You agree to defend, indemnify and hold ShapeClub, its officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Website in a manner that violates or is alleged to violate these Terms and Conditions. ShapeClub shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Links/Advertisements

The ShapeClub Website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by ShapeClub of the sites, but is for your reference and convenience only. ShapeClub has not reviewed all of the sites linked to the Website and is not responsible for the content or accuracy of any off-site pages or any other sites linked to ShapeClub. Nor does ShapeClub recommend or endorse any specific products or procedures that may be mentioned on or represented in advertisements on the Website. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site.

Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the ShapeClub Website, provided that the hyperlink accurately describes the content as it appears on the Website. ShapeClub reserves the right to revoke this license generally or your right to use specific links, at any time, and may normally break any hyperlink at anytime without prior notice. Under no circumstances may you "frame" the Website or any of its content or copy portions of the ShapeClub Website to a server, except as part of an Internet service provider's incidental caching of pages. Each page within ShapeClub must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within ShapeClub.

Copyrights

ShapeClub retains full copyright ownership, rights and protection in all material contained on the ShapeClub Website (including all software, HTML code and other code). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on this Website.

You may, however make single copies of materials displayed on the ShapeClub Website for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from ShapeClub or the copyright owner of the copied material.

None of the material contained on the ShapeClub Website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of ShapeClub.

All content of ShapeClub is Copyright 2006 ShapeClub. All rights reserved.
 

General Provisions

You expressly agree that exclusive jurisdiction for any dispute with ShapeClub, or in any way relating to your use of ShapeClub’s Website ("Legal Action"), resides in the courts of the County of King, State of Washington. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Washington in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the Western District of Washington. These Terms and Conditions are governed by the internal substantive laws of the State of Washington, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to ShapeClub must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Notice

ShapeClub may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice posted on ShapeClub’s Website, or by written communication delivered by first class U.S. mail. You may give notice to ShapeClub at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier at the addresses shown below:

ShapeClub
Attention: Legal Notice

16339 NE 74th Street
Redmond, WA 98052