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Conditions of Use & Copyright

Welcome to Gotopshape.com or Gotopshape.net or Themarketingbrain.com or Gotopshape.net or Themarketingbrain.com. Gotopshape.com or Gotopshape.net or Themarketingbrain.com and its affiliates worldwide provide their services to you subject to the following conditions. If you visit or shop at Gotopshape.com or Gotopshape.net or Themarketingbrain.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Gotopshape.com or Gotopshape.net or Themarketingbrain.com service (e.g., bookstore) or visit or purchase from any business affiliated with Gotopshape.com or Gotopshape.net or Themarketingbrain.com, whether or not included in the Gotopshape.com or Gotopshape.net or Themarketingbrain.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

PRIVACY

Please review our Privacy Notice, which also governs your visit to Gotopshape.com or Gotopshape.net or Themarketingbrain.com, to understand our practices.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Gotopshape.com or Gotopshape.net or Themarketingbrain.com or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Gotopshape.com or Gotopshape.net or Themarketingbrain.com and protected by international copyright laws. All software used on this site is the property of Gotopshape.com or Gotopshape.net or Themarketingbrain.com or its software suppliers and protected by international copyright laws.

TRADEMARKS

Gotopshape.com or Gotopshape.net or Themarketingbrain.com; ; and other marks indicated on our site are registered trademarks of Gotopshape.com or Gotopshape.net or Themarketingbrain.com, Inc. or its subsidiaries worldwide. Gotopshape.com or Gotopshape.net or Themarketingbrain.com ASSOCIATES, Gotopshape.com or Gotopshape.net or Themarketingbrain.com MUSIC, Gotopshape.com or Gotopshape.net or Themarketingbrain.com VIDEO, Gotopshape.com or Gotopshape.net or Themarketingbrain.com, and any other Gotopshape.com or Gotopshape.net or Themarketingbrain.com graphics, logos, page headers, button icons, scripts, and service names are the sol property or trade dress of Gotopshape.com or Gotopshape.net or Themarketingbrain.com, Inc. or its subsidiaries. Gotopshape.com or Gotopshape.net or Themarketingbrain.com's trade dress may not be used in connection with any product or service that is not Gotopshape.com or Gotopshape.net or Themarketingbrain.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gotopshape.com or Gotopshape.net or Themarketingbrain.com. All other trade dress not owned by Gotopshape.com or Gotopshape.net or Themarketingbrain.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Gotopshape.com or Gotopshape.net or Themarketingbrain.com or its subsidiaries.

LICENSE AND SITE ACCESS

Gotopshape.com or Gotopshape.net or Themarketingbrain.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Gotopshape.com or Gotopshape.net or Themarketingbrain.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gotopshape.com or Gotopshape.net or Themarketingbrain.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gotopshape.com or Gotopshape.net or Themarketingbrain.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Gotopshape.com or Gotopshape.net or Themarketingbrain.com's name or trademarks without the express written consent of Gotopshape.com or Gotopshape.net or Themarketingbrain.com. Any unauthorized use terminates the permission or license granted by Gotopshape.com or Gotopshape.net or Themarketingbrain.com. You may be granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Gotopshape.com or Gotopshape.net or Themarketingbrain.com so long as the link does not portray Gotopshape.com or Gotopshape.net or Themarketingbrain.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive. You may not use any Gotopshape.com or Gotopshape.net or Themarketingbrain.com logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Gotopshape.com or Gotopshape.net or Themarketingbrain.com does sell products for children through its distributors worldwide, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Gotopshape.com or Gotopshape.net or Themarketingbrain.com only with involvement of a parent or guardian. Gotopshape.com or Gotopshape.net or Themarketingbrain.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content such as communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Gotopshape.com or Gotopshape.net or Themarketingbrain.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.If you do post content or submit material, and unless we indicate otherwise, you grant Gotopshape.com or Gotopshape.net or Themarketingbrain.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Gotopshape.com or Gotopshape.net or Themarketingbrain.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they 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 Gotopshape.com or Gotopshape.net or Themarketingbrain.com or its affiliates for all claims resulting from content you supply. Gotopshape.com or Gotopshape.net or Themarketingbrain.com has the right but not the obligation to monitor and edit or remove any activity or content. Gotopshape.com or Gotopshape.net or Themarketingbrain.com takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Gotopshape.com or Gotopshape.net or Themarketingbrain.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

RISK OF LOSS

All items purchased from Gotopshape.com or Gotopshape.net or Themarketingbrain.com 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.

PRODUCT DESCRIPTIONS

Gotopshape.com or Gotopshape.net or Themarketingbrain.com and its affiliates worldwide attempt to be as accurate as possible. However, Gotopshape.com or Gotopshape.net or Themarketingbrain.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Gotopshape.com or Gotopshape.net or Themarketingbrain.com itself is not as described your sole remedy is to return it in unused condition.

OTHER BUSINESSES

Parties other than Gotopshape.com or Gotopshape.net or Themarketingbrain.com and its subsidiaries operate stores, provide services, or sell product lines on this site. For example, amazon.com is a partner that sells other goods than printed material, and other businesses and individuals offer products and Auctions. In addition, we provide links to the sites of affiliated 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 of their Web sites. Gotopshape.com or Gotopshape.net or Themarketingbrain.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Gotopshape.com or Gotopshape.net or Themarketingbrain.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. Gotopshape.com or Gotopshape.net or Themarketingbrain.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Gotopshape.com or Gotopshape.net or Themarketingbrain.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Gotopshape.com or Gotopshape.net or Themarketingbrain.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Gotopshape.com or Gotopshape.net or Themarketingbrain.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Gotopshape.com or Gotopshape.net or Themarketingbrain.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN INTERNATIONAL LAWS, TREATIES, ALLIANCES 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.

APPLICABLE LAW

By visiting Gotopshape.com or Gotopshape.net or Themarketingbrain.com, you agree that the laws of the country from where you are visiting Gotopshape.com or Gotopshape.net or Themarketingbrain.com apply in full, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Gotopshape.com or Gotopshape.net or Themarketingbrain.com or its affiliates worldwide.

DISPUTES

Any dispute relating in any way to your visit to Gotopshape.com or Gotopshape.net or Themarketingbrain.com or to products you purchase through Gotopshape.com or Gotopshape.net or Themarketingbrain.com shall be submitted to confidential arbitration in Québec, Canada, except that, to the extent you have in any manner violated or threatened to violate Gotopshape.com or Gotopshape.net or Themarketingbrain.com's intellectual property rights, Gotopshape.com or Gotopshape.net or Themarketingbrain.com may seek injunctive or other appropriate relief in Québec, Canada, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the World Organisation for Intellectual Property (WIPO). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Pricing and Availability policy, posted on this site. These policies also govern your visit to Gotopshape.com or Gotopshape.net or Themarketingbrain.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

 

 
 
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