TERMS OF SERVICE
Effective as of October 29, 2024.
Betty Curvy Fit (“We” or “Betty Curvy Fit”) is the operator of the website located at www.bettycurvyfit.com (the “Website”). This Agreement governs your use of the Website, your purchase of any products from Betty Curvy Fit (the “Products”), or receipt of any services from Betty Curvy Fit (the “Services”).
The Website, Products, and Services are offered subject to your acceptance of these Terms of Service (“Terms” or “Agreement”). These Terms constitute a legally binding agreement between you and Betty Curvy Fit, and you should read them carefully. By agreeing to these Terms, you also agree to the Betty Curvy Fit’s Privacy Policy, and all other Betty Curvy Fit policies found at www.bettycurvyfit.com, each of which is expressly incorporated by reference herein.
IMPORTANT NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT, REQUIRING ANY DISPUTE BETWEEN YOU AND BETTY CURVY FIT TO BE EXCLUSIVELY RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND, SUBJECT TO LIMITED EXCEPTIONS. UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. BY ACCESSING, USING, AND/OR BUYING ANY PRODUCT THROUGH THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
User Obligations
By downloading, accessing or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You also agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Betty Curvy Fit through the Website. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. Betty Curvy Fit reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as designated by Betty Curvy Fit from time to time. You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access). You shall immediately notify Betty Curvy Fit if you suspect or become aware of any loss, theft, or unauthorized use of your password.
Purchases through the Website
All purchases made through the Website are subject to our acceptance. This means that we may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party. The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website. Betty Curvy Fit expressly conditions its acceptance of your order on your agreement to these Terms, and to all additional terms and conditions that are provided to you on the Website that govern your purchase of certain Products. By ordering Products through the Website, you agree to provide true, accurate, current, and complete information. Betty Curvy Fit reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the site without incurring any obligation to you. Prices and availability are subject to change without prior notice, and Betty Curvy Fit reserves the right to revoke any offer to correct any errors, inaccuracies, or omissions.
Betty Curvy Fit wants you to be satisfied with your purchases from this Website. If you wish to return a product, please review our Return Policy, which are incorporated herein by reference.
Website Ownership and Content
The Website contains materials including, but not limited to, text, images, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Betty Curvy Fit, its licensors, licensees or other third parties (collectively the “Content”). The Website and the Content are owned, licensed, or controlled by Betty Curvy Fit, its licensors, and certain other third parties, and all right, title, interest in and to the Content and the Website are the property of Betty Curvy Fit, its licensors, or certain other third parties and are protected by international copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. By using the Website, you will not obtain any ownership or intellectual property or other interest in any item or content on the Website. Subject to your agreement and compliance with this Agreement, Betty Curvy Fit grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the Content on the Website for your own personal, non-commercial use only. You agree that Betty Curvy Fit may immediately and, without notice to you, suspend or terminate the availability of the Website, its Content, or the Products without any liability to you or any third party.
User-Generated Content
By submitting or posting any materials or content on the Site (“User-Generated Content”), you grant to Betty Curvy Fit a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. You hereby represent, warrant and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party, and you have full right to grant Betty Curvy Fit the license specified above. Betty Curvy Fit shall be entitled to use any User-Generated Content without incurring obligations of confidentiality, attribution or compensation to you.