Curvy. Thick. Fit. Store Policy. The purchase ("Purchase") of goods and/or services (collectively, “Products”) on this website, http://www.curvythickfit.com, (hereinafter, the “Website”) is governed by the following store policy (“Store Policy”), which this Store Policy was last updated April 2, 2018. The Products available on this Website are provided by Curvy Thick Fit, LLC (“CTF”) subject to the provisions set forth in this Store Policy. By using this Website and the Purchase of Products from CTF, you agree to be bound by this Store Policy, including those additional policies referenced herein and/or available by hyperlink. This Store Policy shall apply to all users of this Website, including without limitation to users who are browsers, vendors, customers, merchants, and/or contributors of content. A breach or violation of any kind whatsoever of this Store Policy will result in the immediate termination of your Purchase.
Section 1. General Store Terms; Refunds; Delivery of Products.
B. Refunds. Please check the description of the Products before making a Purchase. All sales are final and CTF does not offer refunds at this time; however, in the event there is an error with the Products and/or your Purchase, CTF shall: (i) offer a store credit in an amount equal to the price of the Products for which you encountered an error; OR (ii) provide a replacement of the Products, which the replacement may be similar or identical to the Products with which you encountered an error.
C. Delivery of Products. Any Purchase made before 5:00 p.m. EST will be processed and shipped to you within 24-48 hours of your completed Purchase. CTF ships orders via USPS and the delivery of your Purchase is subject to the timelines established by USPS. All digital Products shall be delivered to you immediately following your completed Purchase of same, via a link which shall be provided to you via this Website and/or an email from CTF containing said link to said digital Products. If you do not receive your Products in a reasonable amount of time in accordance with the timelines set forth in this Store Policy, please feel free to contact CTF via the Contact form and/or the contact information contained on your receipt.
Section 2. Prohibited Uses.
A. You may not, with regard to the Purchase, and/or, the use of the Products, violate any laws, and/or, engage in any illegal or unauthorized activity(ies).
B. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products, use of the Products, or access to the Products or any contact on this Website in any manner whatsoever, without the express written consent of CTF.
C. You must not transmit any worms or viruses or any code of a destructive nature. In addition to any other provision set forth in this Store Policy, you are prohibited from using this Website, whether in part or in whole, for/to: (i) any unlawful purpose; (ii) solicit others to perform or participate in any unlawful acts; (iii) violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) infringe upon or violate the intellectual property rights of CTF and/or any other party/entity; (v) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) submit false or misleading information; (vii) upload or transmit viruses or any other type of malicious code that will or may affect this Website, Products, Purchase(s), and/or of any related website, other websites, or the Internet in any manner whatsoever; (viii) collect or track the personal information of others; (ix) spam, phish, pharm, pretext, spider, crawl, or scrape; (x) any obscene or immoral purpose; or (xi) interfere with or circumvent the security features of this Website, Products, Purchases, and/or any related website, other websites, or the Internet in any manner whatsoever.
D. CTF reserve the right to terminate your use of this Website, Products, Purchase(s), and/or any related website for engaging in any of the prohibited uses in any manner whatsoever.
Section 3. Accuracy, Completeness, and Timeliness of Information.
A. CTF is not responsible if any information that is made available on this Website is inaccurate, incomplete or antiquated. The information on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the information on this site is at your own risk.
B. This Website may contain certain historical information, which may be outdated and is provided as a reference only. CTF reserves the right to modify the contents of this site at any time, but has no obligation to update any information on this Website.
Section 4. Products; Modifications to Prices.
A. Prices for the Products are subject to change without notice. CTF reserves the right to modify or discontinue the Products, in whole or in part, at any time with or without any notice.
B. CTF shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products. All descriptions and/or pricing of the Products are subject to change at anytime without notice at the sole discretion of CTF. CTF reserves the right to discontinue any Products at any time. Any offer for any Products made on this Website is void where prohibited. CTF has made every effort to display as accurately as possible the colors and images of the Products that appear on this Website. CTF cannot guarantee that your computer monitor’s display of any color will be accurate. CTF reserves the right, but is not obligated, to limit the Purchase of Products to any person, geographic region or jurisdiction. CTF may exercise this right on a case-by-case basis. CTF reserves the right to limit the quantities of any Products.
Section 5. Accuracy of Billing Information. CTF reserves the right to refuse any order you place with us. CTF may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that CTF makes a change to, or, cancel an order, CTF may attempt to notify you via the contact information that you provided at the time of Purchase. CTF reserves the right to limit or prohibit Purchases that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all Purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that CTF can complete your transactions and contact you as needed.
Section 6. Third-Party Link. Certain Products may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with CTF. CTF is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. CTF is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 7. Comments; Feedback; Other Submissions. If, at the request of CTF, you send certain specific submissions (for example contest entries), or, without a request from CTF you send creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, postal mail, or otherwise (collectively, “Comments”), you agree that CTF may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use the Comments in any medium of any kind whatsoever. You understand and acknowledge that CTF is not obligated to maintain in confidence, pay compensation for, and/or respond to any Comments in any manner whatsoever. CTF may, but has no obligation to, monitor, edit or remove content that CTF determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Store Policy. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of Purchase and/or Products or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. CTF take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 8. Errors; Inaccuracies; Omissions. Occasionally there may be information on this Website that contains typographical errors, inaccuracies or omissions that may relate to the Products. CTF reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on this Website is inaccurate at any time without prior notice (including after your Purchase). CTF is not obligated to update, amend or clarify information in the Purchase and/or Products, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Purchase and/or Products, should be taken to indicate that all information in the Purchase and/or Products have been modified or updated.
Section 9. Warranties; Limitation of Liability. CTF does not guarantee, represent or warrant that your use of the Products will be uninterrupted, timely, secure or error-free. CTF does not warrant that the results that may be obtained from the use of the Products will be accurate or reliable. You agree that from time to time we may remove the Products for indefinite periods of time or cancel the Products at any time, without notice to you. You expressly agree that your use of, or inability to use, the Products is at your sole risk. The Products, except as expressly stated by CTF, are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall CTF, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Products, or for any other claim related in any way to your use of the Products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Products or any content posted, transmitted, or otherwise made available on this Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 10. Indemnification. You agree to indemnify, defend and hold harmless CTF and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of any breach of this Store Policy (including any documents incorporated herein by reference) or your violation of any law or the rights of any third-party.
Section 11. Severability. In the event that any provision of this Store Policy is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Store Policy, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 12. Entire Agreement. The failure of CTF to exercise or enforce any right or provision of this Store Policy shall not constitute a waiver of such right or provision. This Store Policy and any policies or operating rules posted by CTF on this Website or in respect to the Purchase and/or Products constitutes the entire agreement and understanding between you and CTF and governs your use of the Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and CTF (including, but not limited to, any prior versions of this Store Policy). Any ambiguities in the interpretation of this Store Policy shall not be construed against the drafting party.
Section 13. Termination. This Store Policy is effective unless and until terminated by either you or CTF. You may terminate this Store Policy at any time by notifying CTF that you no longer wish to use this Website. If, in the sole judgment and/or reasonable belief of CTF, you fail or have failed to comply with any term or provision of this Store Policy, CTF shall have the right to: (i) terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) accordingly deny you access to the Products (or any part thereof). The obligations and liabilities of you and CTF, incurred prior to the termination of this agreement, shall survive the termination of this agreement for all purposes.
Section 14. Jurisdiction and Governing Laws. This Store Policy will be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, regardless of any conflict of laws, rules or principles. Any dispute or issue arising out of this Store Policy, the Purchase, and/or the Products, including, but not limited to, any alleged breach by any user of this Website, will be heard, determined and resolved by an action commenced in the state or federal courts located in Philadelphia, Pennsylvania, which the parties hereby agree will have proper jurisdiction over said legal proceedings. You, and CTF, hereby agree to submit to the jurisdiction of the state or federal courts in Philadelphia, Pennsylvania and waive the right to make any objection based on jurisdiction or venue.
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