Terms & Conditions
Last Modified: May 5, 2016
Please read the following Terms and Conditions of Use (“Terms”) carefully before using Perfect Fit Brand, Inc.’s (“PFB,” “our,” “us,” or “we”) website, perfectfitbrand.com, as well as any online content, features, products and/or services offered by or through PFB (collectively, the “Website”). By accessing or using the Website, you agree to the following Terms and by any and all other policies and guidelines incorporated by reference herein. You should review these Terms regularly as they may change at any time at the sole discretion of PFB. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Website.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT BELIEVE THAT THEY ARE REASONABLE, ARE PROHIBITED FROM USING OR ACCESSING OUR WEBSITE UNDER THE LAWS OF YOUR STATE, PROVINCE OR COUNTRY, OR ARE NOT AT LEAST 18 YEARS OLDER OR THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE AND BE LAWFULLY ABLE TO ACCEPT THESE TERMS AND CONDITIONS IN ORDER TO ACCESS OUR WEBSITE, YOU ARE NOT AUTHORIZED TO ACCESS OUR WEBSITE AND NEED TO IMMEDIATELY EXIT!
We will make an effort to update this web page with any changes to these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).
WEBSITE USE AND CONTENT
You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of PFB. You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not conduct any systematic or automated data collection activities, including without limitation framing, scraping, data mining, data extraction and data harvesting on or in relation to our Website without our express written consent. You must not use our Website for any purposes related to marketing any product that is not sold already through our Website without our express written consent and in any event only as is provided in below.
COPYRIGHT AND TRADEMARKS
The trademarks, service marks and logos used and displayed on the Website are PFB’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. PFB is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of PFB that may be referred to on the Website are the property of PFB. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of PFB’s trademarks or service marks without PFB’s prior written permission. PFB aggressively enforces its intellectual property rights. Neither the name of PFB nor any of PFB’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without PFB’s prior written permission. If you believe that any Content on the Website violates any intellectual property right of yours, please contact PFB at the address, email address or telephone number set forth at the bottom of these Terms.
LINKS FROM THE WEBSITE
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER PERFECT FIT’S CONTROL AND PERFECT FIT IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
If you visit any of the linked sites, we urge you to review their respective terms and conditions as well as their policies on privacy and security. Your participation, correspondence or business dealings with any third party found on or through our Website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that PFB shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
If a third party links to our Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with PFB. In most cases, PFB is not even aware that a third party has linked to the Website. A website that links to the Website: (i) may link to, but not replicate, PFB’s Content; (ii) may not create a browser, border environment or frame PFB’s Content; (iii) may not imply that PFB is endorsing it or its products; (iv) may not misrepresent its relationship with PFB; (v) may not present false or misleading information about PFB’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
PFB makes no representation that content or materials in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. PFB is not responsible for any violation of law. You may not use or export the Content or materials in the Website in violation of U.S. export laws and regulations. You agree that these Terms shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where PFB maintains your Account, or, if PFB transfers your Account to another location, where PFB currently maintains your Account. The Website shall be deemed a passive website and service that does not give rise to personal jurisdiction over PFB, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where PFB maintains your Account, or, if PFB transfers your Account to another location, where PFB currently maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
47 U.S. CODE § 230 - PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE MATERIAL
You acknowledge your responsibility to prevent minors under your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), you are hereby informed that you can research such services at websites such as: http://www.getnetwise.org or http://www.child-internet-safety.com/internet_filters.php, among others. Please note that we make no representation or warranty regarding any of the products or services referenced on such sites, and we recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing the Website or the Content if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep any age-restricted content on our Website or Services from being displayed or accessed by your children or wards.
All depictions of all persons on the Website are of persons of at least 18 years old. We take great measures to ensure that no underage models appear in any of the Content on our Website.
18 U.S.C Section 2257 Compliance
©Copyright 2012 Perfect Fit Brand Inc. All Rights Reserved Worldwide.
Perfect Fit Brand / Amazing is our Standard
All persons depicted herein were at least 18 years of age at the time of photography:
18 U.S.C Section 2257 Compliance Notice
Material in compliance with the record keeping requirements of 18 U.S.C. 2257 and/or 2257A
Custodian of records: S. Callow, President Perfect Fit Brand Inc., 1881 NE 26th St, STE 201A, Fort Lauderdale, FL
18 AND OVER
This site contains sexually oriented material. Products displayed are for sexual pleasure and enhancements. By entering this site, you acknowledge that you are 18 years of age or older. Persons under 18 years of age, and persons who may be offended by sexual material are not authorized by perfectfitbrand.com to view, download, directly or indirectly, any part of this site, and may not place any order for goods from this site.
By entering this site, you also are verifying that you are not a U.S. Postal Official or law enforcement agent, or acting as an agent thereof, attempting to obtain any evidence for the prosecution of any individual or corporation, or for the purpose of entrapment. You also agree that you have not notified the postal service or any other government agency to intercept sexual explicit material. All materials, messages and other communications contained at this adult site are intended for distribution exclusively to consenting adults in locations where such materials, messages and other communications, do not violate any community standards, any federal, state, or local law, regulation, rule or custom of the United States, or any other country.
If you are under the age of 18, or do not wish to see unique sexual products, you should not enter our website, and exit now.
For certain types of features available through the Website, including the Online Account Access features (the “Online Service”), we require the use of encryption technologies provided for your protection and/or your use of a user identification name (“User ID”) and password after setting up a user account (“User Account”). For self-enrollment, you must provide account-specific information to authenticate yourself (You will be asked Account-specific information to authenticate yourself. In these Terms, “you” and “your” refer to each person, or, if applicable, the entity who is an owner, signer, or has unrestricted access to a User Account and each person that uses the Online Service with your permission (“Authorized User”). You may never use another person’s User Account and/or User ID without permission. When your Online Service is linked to one or more Accounts, PFB may act on the oral, written, or electronic instructions of any authorized signer regarding your service for those Accounts. It is your responsibility to notify PFB if an Authorized User should no longer be given access to an Account through the Online Service. By registering a User Account, you give PFB permission to send you periodic information on sales and promotions.
USER ID AND PASSWORD
We use reasonable precautions to protect the privacy of your User ID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your User ID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your User ID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You must keep your account password secure. You are required to take reasonable precautions to safeguard your User ID and password. You agree to never leave your computer unattended while logged in to your User Account. You are solely responsible for any activity that occurs with respect to your User Account and User ID. You must notify SIC immediately of any breach of security or unauthorized use of your user or partner account. Although SIC will not be liable for your losses caused by any unauthorized use of your User Account, you may be liable for the losses of SIC or others due to such unauthorized use.
All login names and passwords remain the property of SIC, and may be cancelled or suspended at any time by SIC without any notice or liability to you or any other person. SIC is not under any obligation to verify the actual identity or authority of the user of any login name or password.
RELIANCE BY PFB
You authorize PFB to rely on your User ID and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service. You acknowledge and agree that you are responsible for all payments you make using the Online Service and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Online Service or give them your User ID and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that PFB may comply with the Payment Instructions entered by any person using your User ID and Password, subject to the terms set forth more fully below in the Unauthorized Payments section of these Terms.
PFB is committed to protecting the security and confidentiality of information about you and your Account and User Account. PFB uses, and may in the future use, several different security methods to protect your User Account information, including: You can only access the Online Service with certain browsers that have high security standards.
- If the Online Service does not recognize your computer, you will be prompted to answer one of your challenge questions to verify your identity.
- The Online Service will automatically log off if prolonged periods of inactivity occur.
- Your session will terminate if you navigate away from the Online Service to another website.
While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.
Email and Online Message Center. When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that PFB maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by PFB for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with PFB. PFB will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from PFB, do not respond to the email and notify PFB by calling 1-855-693-9300
Usage of Electronic Communication. By your enrollment in the Online Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that PFB may respond to any communication you send to PFB with an electronic communication, regardless of whether your original communication with PFB was an electronic communication. Any electronic communication PFB sends to you will be considered received within three (3) calendar days of the date such communication is sent by computer servers utilized by PFB to the email address you designate in your account profile or posted to PFB’s online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to PFB will not be effective until PFB has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with PFB immediately and, in no event, should your sole method of communication with PFB regarding any emergency be by electronic communication. PFB strongly suggests that you report all matters requiring immediate attention to PFB by calling 1-855-693-9300. PFB may require you to provide written confirmation of any verbal or electronic notice of alleged error by PFB.
DISCLOSURE OF ACCOUNT INFORMATION
- where disclosure is necessary for completing payments, or to resolve a problem related to a payment;
- to verify the condition and existence of your Account for a third party, such as a credit bureau or merchant;
- to persons authorized by law in the course of their official duties;
- to a consumer reporting agency as defined by Applicable Law;
- to comply with a government agency or court order, such as a lawful subpoena;
- to PFB employees, auditors, service providers, attorneys or collection agents in the course of their duties; or
- if you give PFB written permission (including by email).
In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PFB has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PFB has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
TERMINATION OF ACCOUNT
PFB reserves the right to terminate your use of the Online Service for any reason including inactivity and at any time without notice to you. You have the right to terminate your use of the Online Service by calling PFB at 1-855-693-9300. or by writing to PFB at the address provided at the end of these Terms. Any termination of your use of the Online Service, whether initiated by you or by PFB, will not affect any of your or PFB’s rights and obligations under these Terms that have arisen before the effective date of such termination.
Your Account linked to the Online Service will also be governed by the agreements, disclosures, PFB’s service tariff in your area, and other documents provided to you in connection with the opening of your Account, as they may be amended periodically. If any inconsistency exists between such other documentation and these Terms, then these Terms shall control to the extent of inconsistency.
ERRORS OR QUESTIONS ABOUT BILL PAYMENTS
In case of errors or questions about Bill Payments, you should notify PFB at once at by calling 1-855-693-9300, by emailing custserv at our domain name, or through the online message center (if applicable). DISCLAIMERS.
NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. PFB PROVIDES THE WEBSITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND PFB MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. PFB DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT PFB SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
You agree to defend, indemnify and hold PFB and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by PFB, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
LIMITATION OF LIABILITY
PFB’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH PFB. IN NO EVENT WILL PFB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS PFB’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOUR CONSENT TO THIS AGREEMENT
By accessing and using the Website, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Website and/or the Online Service. Your use of the Website and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
If you have additional questions or comments of any kind, please let us know by email custserv at our domain name or by sending your comments to:
Perfect Fit Brand, Inc.
1881 NE 26th St., STE 201A
Fort Lauderdale, FL 33305
Attn: Customer Service
EFFECTIVE AS OF: May 5, 2016
LAST UPDATED: May 5, 2016