Terms & Conditions of Use and Sale

Terms & Conditions of Use and Sale
Weight Success Centers, LLC (hereinafter called “WSC”) together with its affiliates, including DBA Weight Success Gourmet™, DBA Major League Body, DBA Tampa Aesthetics and this website features products andservices to you when you visit at weightsuccesscenters.com or weightsuccessgourmet.com, use WSC products or services, use applications for mobile, or use software provided by WSC in connection with any of the foregoing instances (Collectively “Weight Success Centers, LLC.”). Weight Success Centers, LLC provides the Weight Success Centers, LLC products and services subject to the conditions as herein specified.

Please read these terms and conditions of sale (“Sales Agreement”) very carefully. You, the Customer, agree to be bound by this Sales’ Agreement, and accept its Terms and Conditions, (unless the Customer has signed a separate formal purchase agreement with Weight Success Centers, LLC, in which case, the separate purchase agreement will govern.

Important Information About This Legal Contract
This Sales Agreement is a legal contract between the Customer and WSC. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site, by telephone, facsimile transmission or otherwise. (References to “you” or “your” shall relate to the Customer; references to “WSC” shall relate to Weight Success Centers, LLC, and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.

This Sales Agreement constitutes the entire agreement between the Customer and WSC relating to the purchase or sale of goods or services on the Site. This Sales Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in writing signed by WSC. In the event of any conflict between the terms and conditions stated on your purchase order and this Sales Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sales Agreement shall control. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us.

Pricing and Information Disclaimer.
Please be advised that payment for all services will be due at the time services are rendered, unless prior arrangements have been made. For yourconvenience, we accept Visa, MasterCard, American Express and checks.

You agree that if your account should be referred to an agency or an attorney for collection, you will be responsible for all collection costs, attorney’s fees and court costs.

All pricing is subject to change. For all prices, products and offers, WSCreserves the right to make adjustments due to changing market conditions,product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

While WSC uses reasonable efforts to include accurate and up-to-date information on the Site, WSC makes no warranties or representations as to the Site’s accuracy. WSC assumes no liability or responsibility for anyerrors or omissions in the content on the Site.

You agree to indemnify, defend and hold WSC and its Licensors,subsidiaries, affiliates, officers, directors, agents, co-branders or otherpartners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out ofor from (i) your breach of these terms of use; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, tradesecret, trademark or other intellectual property rights of a third party; and

(iii) your access or use of the Sites or the Services.

Disclaimer & Limitation of Liability
Your use of and browsing of the site are at your own risk. The information on this site is for informational purposes only; it does not constitute anyendorsements or individual medical advice and should not be used as a substitute for medical care or for diagnostic purposes. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not delay or avoid obtaining any health or medical advice from your physician due to any information contained on our website or products.

Weightsuccesscenters.com, weightsuccessgourmet.com, and WSC are nota medical organization and our staff cannot give you medical advice ordiagnosis. Nothing contained in this website should be construed as such advice or diagnosis.

Accessing this website does not establish, and in no way constitutes adoctor-patient relationship with any of our physicians. For medical servicesor medical emergencies, please call your personal physician or 911 immediately.

Before and after pictures as well as testimonials are from real customersbut individual results will vary depending on many factors including, but not limited to: adherence to the program, activity level, age, metabolism and amount of weight needed to lose.

This diet is not recommended for the following: People who areunderweight or have an eating disorder, children under 18 years old, Type Idiabetics, pregnant women or breast-feeding mothers, those who are frail or have significant underlying medical conditions, people who have advanced liver disease or any type of renal disease, anyone diagnosed with celiac sprue, those taking Warfarin or other medications that could be affected by diet should contact their personal physician before attempting this or any other diet plan.

Do not purchase or attempt the exercise plan if you have any of thefollowing: feel pain in your chest when you do physical activity, have chestpain in the past month when not doing physical activity, lose your balance as a result of dizziness or lose consciousness/collapse, have a bone orjoint problem (example back, knee, or hip) that could be exacerbated by exercise, are currently on prescription medication for our blood pressure orheart condition, have pain in your calves or legs while walking shortdistances, get short of breath easily and don’t easily recover, or any otherreasons why you should not do physical activity. Always obtain clearancefrom your personal physician before starting this or anyother exercise program.

In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or damages arising out of, or inconnection with, the use of this website.

THE WSC SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHERSERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WSC SERVICES ARE PROVIDED BY WSC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WSC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WSC SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WSC SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WSC SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WSC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WSC DOES NOT WARRANT THAT THE WSC SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHERSERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH WSC, WSC’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM WSC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WSC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY WSC SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY WSC SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS. WSC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. WSC WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, WSC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. REFUND OF PRICE PAID OR REPLACEMENT OF PRODUCT IS YOUR EXCLUSIVE REMEDY.

Disputes.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT,TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relatingto this Sales Agreement, its interpretation, or the breach, termination orvalidity, enforceability thereof, the relationships which result from this Sales Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this SalesAgreement), Weight Success Centers, LLC advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BYBINDING ARBITRATION ADMINISTERED BY EITHER THE AAA OR THE NATIONAL ARBITRATION AND MEDIATION, INC. under the Code of Procedure of ARBITRATION-FORUM.COM (the “Code”) in effect at the time the claim is filed. The Code is available at http://www.arbitration.forum.com or can be obtained by calling 1-800-753-9448. Consumer shallhave the ability to choose between these two forums, however venue shalllie in Hillsborough County, Florida. Additionally, Weight Success Centers, LLC shall bear one-half of the costs of the administrative and arbitrators’ fees, and the customer shall bear one-half of said cost. Notwithstanding any choice of law provision included in this Sales Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§1-16) and the New York Convention on the Enforcement of ArbitrationAwards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction whereenforcement of the award is sought). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute orcontroversy between Customer and Weight Success Centers, LLC.Hearings shall be held as provided by the Code and if any In-personHearing is required, it shall be held in Hillsborough County, Florida.Judgment on the award rendered by the arbitrator(s) may be entered byany court having jurisdiction. Each party shall bear its own cost of any legalrepresentation, discovery, or research required to complete arbitration.

THIS SALES AGREEMENT AND ARBITRATION CLAUSE DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE NAF PROCEDURES OR RULES WOULD. YOU AGREE THAT, BY ENTERING INTO THIS SALES AGREEMENT, YOU AND Weight Success Centers, LLC ARE EACHWAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Opt-out: You may opt-out of this dispute resolution provision only by notifying Weight Success Centers, LLC within 30 days of the date that itfirst applies to you. You must do so by writing to Weight Success Centers, LLC, P.O.Box 49009 Tampa, Florida 33646-9009, attn.: Arbitration Opt-Out, and including your name, address, account number (if you have one),and a clear statement that you do not wish to resolve disputes with WSC,LLC through arbitration.

Governing Law
BY USING ANY WSC SERVICE, YOU AGREE THAT THE FEDERAL ARBITRATION ACT, APPLICABLE FEDERAL LAW, AND THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT LAWS, WILL GOVERN THESE CONDITIONS OF USE AND ANY DISPUTE OF ANY SORT THAT MIGHT ARISE BETWEEN YOU AND WSC.

Severability
If any provision of this Sales Agreement is found to be unenforceable by acourt or agency of competent jurisdiction, the remaining provisions willremain in full force and effect. The foregoing does not apply to theprohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.

Acceptance.
By ordering any product from WSC, whether by over the Internet, telephone, facsimile or otherwise, the Customer agrees to be bound bythese Terms and Conditions of Sale, as well as any other contract termscontained elsewhere on this site.

ALLERGIES.
If you have a life-threatening allergy or sensitivity please refrain fromordering the foods, shakes, and supplements fromweightsuccesscenters.com or weightsuccessgourmet.com. Our products are produced in a facility that also handles eggs, peanuts,seafood, dairy, soy, shellfish, nuts and tree nuts.

Privacy
WSC’s privacy policy with respect to the collection and use of yourpersonally identifiable information is set forth at on our website and is incorporated by reference into these terms of use. BY ACCESSING THESITES AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY.

Your Account
If you use any WSC Service, you are responsible for maintaining theconfidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities thatoccur under your account or password. WSC does not sell products forchildren, but it sells them to adults, who can purchase with a credit card orother permitted payment method. If you are under 18, you may not use the WSC Services. WSC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

Product Descriptions
WSC attempts to be as accurate as possible. However, WSC does not warrant that product descriptions or other content of any WSC Service is accurate, complete, reliable, current, or error-free. If a product offered byWSC itself is not as described, your sole remedy is to return it in unused condition (except all ready to eat meals), and get another product or acredit.

Credit Cards.
Credit card charges are processed online after ordering the products and/orservices.

Taxes
Florida residents please add 7% sales tax to your order.

Freight and Delivery Policy.
Shipping and handling charges on all orders vary; contact your WSCCustomer Service for our most current and competitive rates, options andshipping specials. Our customer service number is 813-685-2192. Hours are 9 am to 5 pm EST.

Returns, Refunds and Title:

Return Policy
All orders (EXCEPT READY-TO-EAT MEALS & SUPPLEMENTS) shipped by WSC have a 30-day money back guarantee less shipping and handling. To return the shakes, send the unused and sealed portions only. Please contact Customer Service with any questions about WSC’s return policy. The above-mentioned Return Policy applies to Internet and TV purchases directly from WSC only. Return shipping to be paid by the customer. We cannot accept returns of any ready to eat meals or foods; the only option for these is credit for future purchases at the sole discretion of WSC.  

WSC reserves the right to authorize product returns beyond 30 days fromthe invoice date. If the product is accepted after 30 days, credit will beissued toward FUTURE PURCHASES ONLY.

Title; Risk of Loss.
All items purchased from WSC are made pursuant to a shipment contract.This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Title to software will remain with the applicable licensor(s).WSC does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, WSC does not take title to the refunded item. Please contact Customer Service at 813-685-2192 (Monday thru Friday from 9am – 5 pm EST) with any questions about WSC’s return policy.Please contact us at info@weightsuccesscenters.com for return authorization before returning any products.

Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is notillegal, obscene, threatening, defamatory, invasive of privacy, infringing onintellectual property rights, or otherwise injurious to third parties orobjectionable and does not consist of or contain software viruses, politicalcampaigning, commercial solicitation, chain letters, mass mailings, or otherform of “spam.” You may not use a false e-mail address, impersonate anyperson or entity, or otherwise mislead as to the origin of a card or other content. WSC reserves the right (but not the obligation) to remove or editsuch content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant WSC a nonexclusive, royalty-free, perpetual, irrevocable, andfully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such contentthroughout the world in any media. You grant WSC and sublicensees theright to use the name that you submit in connection with such content, ifthey choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate;that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify WSC for allclaims resulting from content you supply. WSC has the right but not the obligation to monitor and edit or remove any activity or content. WSC takes no responsibility and assumes no liability for any content posted by you orany third party.

Electronic Communications
When you use any WSC services, or send e-mails to us, you arecommunicating with us electronically. You consent to receivecommunications from us electronically. We will communicate with you by e.mail or by posting notices on this site, or by the other WSC services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that suchcommunication be in writing.

WSC Software Terms
In addition to these Conditions of Use, the terms found here apply to anysoftware (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time foryour use in connection with WSC Service (the “WSC Software”).

Copyright
All content included in or made available through any WSC Services, suchas text, graphics, logos, button icons, images, audio clips, digitaldownloads, and data compilations and any other material is the property ofWSC or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in ormade available through any WSC is the exclusive property of WSC and protected by U.S. and international copyright laws.

Trademarks
Graphics, logos, page headers, button icons, scripts, and service namesincluded in or made available through any WSC Service are trademarks ortrade dress of WSC in the U.S. and other countries. WSC’s trademarks and trade dress may not be used in connection with any product or service that is not WSC’s, in any manner that is likely to cause confusion amongcustomers, or in any manner that disparages or discredits WSC. All other trademarks not owned by WSC that appear in any WSC Service are the property of their respective owners, who may or may not be affiliated with,connected to, or sponsored by WSC.

Patents
One or more patents owned by WSC apply to the WSC Services and to the features and services accessible via the WSC Services. Portions of the WSC Services operate under license of one or more patents.

License and Access
Subject to your compliance with these Conditions of Use and your paymentof any applicable fees, WSC or its content providers grant you a limited,non-exclusive, non-transferrable, non-sublicensable license to access and make personal and non-commercial use of the WSC Services. This license does not include any resale or commercial use of any WSC Services, or its contents; any collection and use of any product listings, descriptions, orprices; any derivative use of any WSC Services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of any data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by WSC or its licensors, suppliers, publishers, rightsholders, or other contentproviders. No WSC Service, nor any part of any WSC Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploitedfor any commercial purpose without express written consent of WSC. Youmay not frame or utilize framing techniques to enclose any trademark, logo,or other proprietary information (including images, text, page layout, orform) of WSC without express written consent. You may not use any metatags or other “hidden text” utilizing the WSC trademarks without theexpress written consent of WSC. You may not misuse the WSC Services.You may use the WSC Services only as permitted by law. The licenses granted by WSC terminate if you do not comply with these Conditions ofUse or any Service Terms.

Other Business
Parties other than WSC may operate stores, provide services, or sellproduct lines on this site. In addition, we provide links to the sites ofaffiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content to their Web sites. WSC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully reviewtheir privacy statements and other conditions of use.

Our Address:

Weight Success Centers, LLC
8561 W. Linebaugh Avenue
Tampa, Florida 33625

Customer service 844-981-8446