TERMS OF SERVICE AGREEMENT
DISCLAIMER AND IMPORTANT NOTE OF CAUTION
The statements regarding these products have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease. The information provided throughout this website on various products is for general information and educational purposes only, it is not intended to be a substitute for informed medical advice or care. You should not use this information to diagnose or treat any health problems or illnesses without consulting your pediatrician or family doctor. Please consult a licensed physician with any questions or concerns you might have regarding any condition you may have. All images on this site are property of the original image licensors. The content of these images is not meant to suggest that the person depicted uses or endorses our products or services.
Once again, the information provided on NUSHAPE.COM is for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product, or course of action. NUSHAPE does not provide specific medical advice, and is not engaged in providing medical or professional services. Use of NUSHAPE products does not replace medical consultations with a qualified health or medical. Please check with a physician or health professional if you suspect you are ill. Please review this Terms of Service Agreement before using this Web site or purchasing NUSHAPE products. Your use of this Web site indicates your agreement to be bound by this Terms of Service Agreement.
NUSHAPE may modify this Agreement at any time, and such modification shall be effective immediately upon posting the modified Agreement. You agree to periodically review this Agreement to ensure that you are aware of any modifications. Your continued access to this Web site and/or use of NUSHAPE products shall be deemed your conclusive acceptance of the modified Agreement.
We respect your personal privacy. We will never release your name, street address, or telephone number without your consent except as may be noted elsewhere in this Agreement. You also agree that we may use information you submit to operate this Service and Web site, or as required by law.
Although your e-mail address will not be disclosed directly to a third party NUSHAPE may use your e-mail address to forward special offers or communications to you.
WE MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY OF PRODUCTS AVAILABLE THROUGH THIS WEBSITE FOR ANY PURPOSE. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEB SITE.
YOU AGREE THAT NEITHER NUSHAPE, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF NUSHAPE PRODUCTS. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST NUSHAPE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF NUSHAPE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF NUSHAPE PRODUCTS.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF NUSHAPE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE TOTAL COST OF YOUR PURCHASE PRICE OF NUSHAPE PRODUCT(S). IN NO EVENT SHALL NUSHAPE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF NUSHAPE ARE HEREBY EXCLUDED EVEN IF NUSHAPE ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use NUSHAPE.COM and NUSHAPE products in accordance with this Agreement. You agree to comply with your responsibilities and obligations as stated in this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding between NUSHAPE and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in __________ County, California, United States. Any cause of action or claim you may have with respect to NUSHAPE must be commenced within One (1) year after the claim or cause of action arises. NUSHAPE’S failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. NUSHAPE may assign its rights and duties under this Agreement to any party at any time without notice to you.
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
NUSHAPE products are based on the pioneering cold light research of NASA and leading clinicians. NUSHAPE does not use surgery, lasers, heat, freezing, ultrasound cavitation, microwaves, or RF.
NUSHAPE products are not FDA cleared and are not FDA approved. The FDA states that LEDs (Light Emitting Diodes) are different from laser diodes and are not subject to the Federal laser product performance standard.
We hope that you enjoy your use of our Web site and our products. Please contact us if you have any questions.