Terms of Service

Important

This website and any other URLs and websites administered by Sensational Shakes and its affiliates, including any applications available therefrom (collectively, the “Website”) are offered by Sensational Shakes. and its affiliates (collectively, “Sensational Shakes” or “we” or “us”) to you, the user, subject to your acceptance of all the terms of use set forth below (“Terms of Use”). The terms “you” and “user” refers to all individuals and entities that access the Website. Sensational Shakes services may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable mobile applications related to the Sites or provided through the Sites.
By your affirmative actions of registering for and/or using the Website, you signify your agreement to these Terms of Use, to our Privacy Policy and your agreement to communicate with us electronically, just as if you have signed this legally binding agreement. If you do not agree to all of these terms of use, do not use or access our website.

Updates and Modifications

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. You are responsible to check these Terms of Use periodically for changes. By using this Website after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms of Use, you should not use our Website and, if applicable, you should arrange to cancel your registered user account or subscription with us.

Age and Eligibility

In order to use the Website you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Website. Accordingly, if you are a Minor, please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a Minor, please contact us. You represent that the information that you provide about yourself (including your age) is accurate and complete.

Not Medical Advice

The Sites and Services offer health, fitness and nutrition related information, but are designed for non-commercial, informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITES OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITES OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
Nothing stated or posted on the Sites or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Sites or through the Services and no assurance can be given that the information contained in the Sites or the Services will always include the most recent findings or developments with respect to the particular material.
Your access or use of the Sites and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our Licensors. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Sites or Services. If you rely on any of the information provided by this Site or the Services, our employees, or guests or visitors to the Sites, you do so solely at your own risk.

Important Health Information

You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.
If you are being treated for an illness, taking prescription medication, or following a therapeutic diet to treat a disease, it’s especially important to show the plan to your physician that you are following. Any modifications made to the plan by your physician should be followed.
It is important to note that medical studies indicate that people 20 percent or more above their ideal weight are at increased risk of many illnesses or diseases, including coronary heart disease, heart attacks, diabetes, increased cholesterol levels, high blood pressure, strokes, gallbladder disease, kidney disease, neurological disorders, gout, osteoarthritis, and certain types of cancer. It is also important to be aware of certain risks that have been associated with weight loss. Any weight loss program may cause constipation, muscle cramps, dehydration, diarrhea, dizziness, dry or cold skin, fatigue, gallbladder inflammation or gallstones, gout, hair loss, headaches, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, reduced tolerance to cold, as well as other possible side effects.
The Sensational Shakes plan is designed for a safe rate of weight loss – up to two pounds per week (after the first three weeks). If you lose at a greater rate, you should see your physician to avoid the risk of developing health complications associated with rapid weight loss.
We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Website. If you engage in any exercise program you receive through the Website you agree that you do so at your own risk and are voluntarily participating in these activities.

Registration

There is no cost to become a registered user of our Website and you do not have to become a registered user to use this Website. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of our Website. You must register in accordance with instructions that you will find on this Website to participate in, and to contribute to, any Community Area or use of the “Public Profile” feature of our Website. A “Community Area” means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity where you can communicate with other users of our Website or post your own Content.
If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself (“Registration Data”), and to maintain and promptly update the Registration Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms of Use, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
There are some additional precautions/points for registration and registered users:

  • Do not use your real name for your screen name.
  • Do not use the real name of a friend or relative for a screen name.
  • Use a true and valid email address.
  • Notify us of changes to your email account to prevent loss of access to your account.
Password and Security Measures

If you are a registered user of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you. You agree to indemnify and hold harmless Sensational Shakes for losses incurred by Sensational Shakes or another party due to some else using your account or password.
In addition, we do not guarantee that any information you provide will not be intercepted by a third party during transmission over any public networks or otherwise. You bear the risk of communicating with us electronically and we are not responsible for any resulting loss or damage.

Site Content

We try to provide helpful and accurate information on the Website, but we cannot verify, endorse or vouch for the information, services or recommendations available through the Website. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Website. Reliance on any information provided by Sensational Shakes, Sensational Shakes employees, or others appearing on the Website by invitation or as visitors is solely at your own risk.

Third Party Websites

The Website may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third party websites, you do so at your own risk. Sensational Shakes suggests that you read the terms of use and privacy policies (if any) on those third party websites. You agree that Sensational Shakes has no liability for any damage or loss of any type that is a result of your use of a third party website.

Changes to Website

Sensational Shakes may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual Community Pages. You agree that Sensational Shakes shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Website.

Community Standards and Prohibited Uses


You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.

You agree not to use this Website (including any Community Areas) to:
  1. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
  2. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
  3. Impersonate any person or entity, including, but not limited to any user of this Website, a director, officer, employee, shareholder, agent or representative of Sensational Shakes, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Sensational Shakes, or our affiliates or any other person or entity;
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
  5. Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
  7. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
  8. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Community Area (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Website;
  10. Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  11. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
  12. “Stalk” or otherwise harass another user or employee of this Website; or
  13. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords; or Access or attempt to access another user’s account without his or her consent;
  14. engage in commercial activities or sales, such as contests, sweepstakes, barter, advertising, or the buying or selling of “virtual” items, without our prior written permission;
  15. disguise the origin of any message, communication, or transmittal you send to us through our websites;
  16. use any robot, spider, scraper, or other automated or manual means to access our websites, or copy any content or information on our websites;
  17. attempt to gain unauthorized access to any portion of our websites or any related networks or systems by hacking, password “mining”, or any other illegitimate means;
  18. probe, scan, test the vulnerability of or breach the authentication measures of, our websites or any related networks or systems;
  19. modify or reroute or attempt to reroute our websites;
  20. link to our websites from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
  21. utilize framing, squeeze back, overlay or other techniques to enclose or display our websites or any content on our websites, with any other software or content of a third party; or
  22. take any action that places a disproportionately large load on our websites or any related networks or systems.
  23. We reserve the right, but not the obligation, to investigate and take appropriate legal action against anyone who we believe is violating these terms of use, including without limitation, removing any materials, suspending or terminating the registration of such violators, or suspending or terminating the their right to use our websites.

Your privilege to use this Website (including the Community Areas) and contribute to discussions on the Community Areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any of these Terms of Use, we may terminate, in our sole discretion, your use of, or participation in, any Community Area.
Except as may otherwise be provided in our Privacy Policy, all Community Area communications, including, but not limited to, chat, message board, blog, groups, and profile communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Website (including any Community Area) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Community Areas, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Community Area, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior to the Content’s posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our Website, and we are not liable for any loss you incur in the event that Content you post or transmit to our Website is been removed.

Sensational Shakes Copyright

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms of Use. You acknowledge that this Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
Except for User Generated Content, all Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. Sensational Shakes is the trade name and the registered service mark of Sensational Shakes Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Sensational Shakes on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site or otherwise (collectively, “Comments”) shall be and remain Sensational Shakes’s property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Sensational Shakes of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Comments. Thus, Sensational Shakes will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Sensational Shakes is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any Comments.

Copyrighted Materials

When referring to news reports or articles in your posts on the Website, including references to reports and articles appearing on other sections of the Website, please post only a few sentences for the reader’s information and reference and include a link to the rest of the content on the original site. Do not post articles, news reports, photographs, graphics, images, audio, or other copyrighted material in their entirety (or substantial portions thereof) unless you have obtained written permission from the relevant copyright owner(s). Any unauthorized posting of any of the foregoing to the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or civil and criminal statutes, and you will be responsible for any liability arising from such violations. If you feel that any content on the Website infringes your copyrights or other intellectual property rights, please contact us with the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number, and e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.
Indemnification

Upon request by us, you agree to defend, indemnify and hold Sensational Shakes and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Website, including any User Generated Content you post, store, reproduce, display, or distribute via the Website and any meeting you arrange via the Website; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Website. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.

Content And Warranty Disclaimer

THE WEBSITE IS PROVIDED BY Sensational Shakes AND ITS AFFILIATES “AS IS.” NEITHER Sensational Shakes NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, APPLICATIONS AVAILABLE VIA THE WEBSITE OR DOWNLOADED THEREFROM, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, Sensational Shakes AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, Sensational Shakes DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL Sensational Shakes BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SENSATIONAL SHAKES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF SENSATIONAL SHAKES, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $10. SENSATIONAL SHAKES’S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

Force Majeure

We will not be deemed to be in breach of these terms of use or our privacy policy statement due to any event or circumstance beyond our reasonable control, including without limitation, war, invasion, failures of any public networks, electrical shortages, terrorist attacks, and earthquakes and other acts of God. We are not responsible for any loss, delay, or damage due to such events or circumstances.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Georgia, without regard to its conflict of laws rules. You agree that any disputes that arise from these Terms of Use or from any products or services you receive from us will be resolved by arbitration in accordance with the rules of the American Arbitration Association (“AAA”). The arbitration will take place in Blairsville, GA and will be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action, even if AAA’s rules provide otherwise.
If any provision of these Terms of Use is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Termination of Account

If you violate any of these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any copies you have made of any portion of the Website. We may, at our discretion, delete, remove or edit any content posted under your screen name and prohibit further access to the the Website.

Electronic Contracting

Your affirmative act of using this Website and/or registering for the Website constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically.

Assigns and Successors

We may assign our rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any right under the Terms of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Do NOT follow this link or you will be banned from the site!