Terms of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THESE WEBSITES.

These Terms of Service (the “Terms”) are a legal contract between you and Snoochie Shy (“Snoochie Shy”, “we”, “us” or “our”). By using the websites at www.snoochieshy.com (collectively, the “websites”), including purchasing products from these websites, or by clicking a box that states that you accept or agree to these Terms, you signify your agreement to these Terms. If you do not agree to these Terms, you may not use these websites.

You agree that by using these websites, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract. If you are viewing and using the website on behalf of your employer or Snoochie Shy, you represent and warrant that you are authorized to bind your employer and Snoochie Shy to these Terms.

It is your responsibility to review these Terms periodically. We reserve the right to revise these Terms at any time without notice to you. If you use these websites after the revisions are made, you agree to such revisions. If you do not agree to these revised Terms, please do not use these websites.

1. WEBSITE

We grant you a limited license to access and use these websites for your personal use, and to copy, distribute, and transmit the content of these websites only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using these websites for your personal use or for the purpose of purchasing Snoochie Shy products for resale if you are an authorized reseller of such products. This license does not include any resale or commercial use of these websites or its contents; any collection and use of any product listings, or descriptions; any derivative use of these websites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools.

Except as permitted above, these websites or any portion of these websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Snoochie Shy. You may not use any meta tags or any other “hidden text” utilizing Snoochie Shy’s name or trademarks without the express written consent of Snoochie Shy. Any unauthorized use terminates the permission or license granted by Snoochie Shy.

We reserve the right to change any information, features and functions of these websites without prior notice. We reserve the right to stop supplying Snoochie Shy® products at any time at our absolute discretion. We may refuse service, terminate accounts and/or deny access to any or all parts of these websites if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our rights or the rights of any third party. Use of these websites for any illegal or unauthorized purpose is strictly prohibited.

2. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of these websites, you warrant to us that you will not use these websites for any purpose that is unlawful or prohibited by these Terms. You may not use these websites in any manner, which could damage, disable, overburden, or impair these websites or interfere with any other party’s use and enjoyment of these websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through these websites.

3. NO MEDICAL ADVICE

The information contained on these websites, or provided at your request, is provided for informational purposes only and is not intended to be medical or health care advice. While we may offer some products on these websites that are classified as food, beverage, or dietary supplements products regulated by the Food and Drug Administration, we do not market or sell such products for the purposes of diagnosing, treating, curing or preventing any disease. We do not recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care practitioner. Information found or received through these websites should not be used in place of a visit with, call to, consultation or advice from a health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner. Before using any products offered on these websites, carefully read all labels and heed all directions and cautions that accompany the products.

4. PRODUCTS AND SERVICES

The products and services made available on these websites are intended for personal use only or if you are an Authorized Reseller then solely for the purpose of purchasing Snoochie Shy products for resale under our reseller policy. Except in the case of Authorized Resellers, you may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining Snoochie Shy’s prior written consent. Snoochie Shy and its suppliers may cancel or modify purchases on these websites if it appears that they are the result of fraudulent or inappropriate activity, including those listed directly above in this section, or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms of service included on these websites, including return and shipping policies, may apply to your purchase and are incorporated by reference herein. We may revise and discontinue products at any time. We reserve the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.

5. TESTIMONIAL DISCLAIMER

In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:

The people giving testimonials and consumer stories appearing on Snoochie Shy platforms and social media may have been compensated with free products or discounts for use of their experiences.

Testimonials and consumer stories appearing on Snoochie Shy platforms are received in various forms via a variety of submission methods. The testimonials and consumer stories reflect the real-life experiences and opinions of individuals who used our products and/or services. However, individual results may vary, and results may not be typical. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other consumer might experience. Testimonials and consumer stories are not necessarily representative of what anyone else using our products and/or services may experience. Results may vary depending on a multitude of factors, including: age, gender, physical condition, exercise routine, concomitant products used, health history, lifestyle and diet.

The testimonials and consumer stories displayed are given verbatim except for grammatical or typing error corrections. Some testimonials or consumer stories may have been edited for clarity or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Snoochie Shy is not responsible for the opinions or comments posted on Snoochie Shy platforms and social media, and does not necessarily share the opinions, views or commentary of postings on Snoochie Shy platforms and social media. All opinions expressed are strictly the views of the poster or reviewer.

Testimonials and consumer stories on Snoochie Shy platforms and social media are not intended, nor should they be construed, to diagnose, treat, cure, mitigate or prevent any disease. To the contrary, our products are not intended to diagnose, treat, cure, or prevent any disease. Information provided by Snoochie Shy platforms and social media is not a substitute for individual medical advice. Statements made on Snoochie Shy platforms and social media have not been evaluated by the U.S. Food and Drug Administration.

6. INTELLECTUAL PROPERTY INFRINGEMENT

Snoochie Shy respects the intellectual property rights of others, and we ask you to do the same. Snoochie Shy may, in appropriate circumstances and at our discretion, terminate service and/or access to these websites for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on these websites, please provide Snoochie Shy’s designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at these websites, and information reasonably sufficient to permit Snoochie Shy to locate the material.
  • Information reasonably sufficient to permit Snoochie Shy to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Snoochie Shy’s agent for notice of claims of copyright or trademark infringement on these websites can be reached as follows: Snoochie Shy Copyright Agent, 2230 Despard Street, Atlanta, GA 30305; Fax: 320-325-0414; Email: [email protected].

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Snoochie Shy designated agent that includes all of the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Snoochie Shy may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

Snoochie Shy reserves the right, in its sole discretion, to terminate the account or access of any user of these websites who is the subject of repeated DMCA or other infringement notifications.

7. DISCLAIMERS AND LIMITATION OF LIABILITY

YOU ASSUME ALL RISK OF USING THESE WEBSITES AND THE PRODUCTS AND SERVICES OFFERED ON THESE WEBSITES. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THESE WEBSITES AND THE PRODUCTS AND SERVICES OFFERED ON THESE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Snoochie Shy AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Snoochie Shy DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THESE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THESE WEBSITES OR THE SERVER THAT MAKES THESE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Snoochie Shy DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THESE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Snoochie Shy AND ITS THIRD PARTY SUPPLIERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THESE WEBSITES OR MATERIALS ON THE SITE, EVEN IF Snoochie Shy OR ITS THIRD PARTY SUPPLIER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. COPYRIGHT

The technology underlying, and the entire contents of these websites, including but not limited to text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Snoochie Shy, and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Snoochie Shy. Copyright Snoochie Shy. All rights reserved.