Terms of service

1. Overview

This website is operated by SHAPERX LLC, registered at 732 S 6TH ST STE R, LAS VEGAS, NV 89101, USA (“SHAPERX,” “we,” “us,” or “our”). Throughout the Site, including https://www.shaperx.com and any related domains, subdomains, mobile applications, or marketing channels (collectively, the “Site”), the terms “you” and “your” refer to users, customers, or visitors.

By visiting our Site and/or purchasing anything from us, you engage in our “Service” and agree to be bound by these Terms of Service (the “Terms”), including any additional terms, conditions, or policies referenced herein or made available via hyperlink. These Terms apply to all users of the Site, including but not limited to visitors, vendors, customers, merchants, and content contributors.

If you do not agree with these Terms, you must immediately discontinue use of our Site and Services.

We reserve the right to update, modify, or replace any part of these Terms at any time by posting changes on this page. Your continued use of the Site after such changes constitutes your acceptance of the updated Terms.

Our online store is hosted by Shopify Inc., which provides us with the e-commerce platform that enables us to sell our products and Services.

 

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2. Acceptance of Terms & Incorporation of Privacy Policy

By accessing or using our Site, you:

✅ Confirm that you have read and understand these Terms.
✅ Agree to comply fully with these Terms.
✅ Acknowledge that your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and share your personal information, including in connection with advertising, analytics, and SMS marketing.
✅ The Privacy Policy is incorporated into this Agreement by reference.

You may review our Privacy Policy at any time by visiting:
👉 https://www.shaperx.com/pages/privacy-policy (or equivalent location)

If you do not agree to both these Terms and our Privacy Policy, you must not use our Site or Services.

 

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3. Eligibility & Age Restrictions

By agreeing to these Terms, you represent and warrant that:

✅ You are at least 18 years old (or the age of legal majority in your jurisdiction).
✅ If you are between 16 and 18 years old, you may only use the Site with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
✅ We do not knowingly collect or allow the use of our Services by children under 16 years old.
✅ If we discover that a user under 16 has accessed our Service, we may take steps to terminate access and delete related data as required by law.

Parents or guardians who allow minors to use our Site accept full responsibility for the minor’s activities on the Site.

 

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4. Online Store & Use of Service

By using the Site and our Service, you agree:

✅ Not to use our products or Services for any unlawful or unauthorized purpose.
✅ Not to violate any local, state, federal, or international laws or regulations.
✅ Not to transmit any malware, viruses, or destructive code.
✅ That a violation of any part of these Terms may result in immediate suspension or termination of your access to the Service.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that certain content or communications you provide (excluding credit card details) may be transferred unencrypted over various networks or adapted as needed for technical purposes. Credit card data is always encrypted during transfer via payment gateways that are PCI-DSS compliant.

 

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5. Product Information & Availability

We make every reasonable effort to display accurate product descriptions, pricing, colors, images, sizing details, availability, and other related information on the Site. However:

✅ Colors and images may vary depending on your device’s display settings.
✅ Product availability may change without notice.
✅ We reserve the right to discontinue or modify any product at any time.
✅ Descriptions or availability of products or pricing may be updated, corrected, or withdrawn at our sole discretion.

All products are offered “while supplies last.” Any offer for any product or Service on this Site is void where prohibited.

 

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6. Orders, Billing & Account Accuracy

We reserve the right to accept, reject, or cancel any order at our discretion, including orders that appear to be placed by resellers, distributors, or fraudulent accounts.

You agree to provide accurate, complete, and up-to-date purchase and account information for all transactions made at our store. You agree to promptly update your account details, including email address, payment information, and billing/shipping addresses, so that we can complete transactions and contact you as needed.

In the event we modify or cancel an order, we will attempt to notify you using the contact details provided at checkout.

Please refer to our Return & Refund Policy for more detailed information about returns, exchanges, and cancellations.

 

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7. Payment Methods

We accept the following payment methods (depending on availability in your region):

✅ Major credit and debit cards via Shopify Payments
✅ Shop Pay
✅ PayPal
✅ Amazon Pay / Amazon Buy With Prime
✅ Google Pay

You acknowledge that payment credentials are processed by third-party payment processors (e.g., Shopify Payments, PayPal, Amazon Pay), and SHAPERX does not store full credit card details. Your use of third-party payment options is subject to their respective terms and privacy policies.

 

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8. Third-Party Services & Advertising Tools

Our Site may include tools, platforms, or integrations provided by third parties, including but not limited to:

These third-party providers operate independently and may collect or process your data under their own privacy policies. We provide such tools “as is” and “as available,” without representation or warranty, and without liability for their actions.

📌 Your use of Amazon Buy With Prime is additionally subject to Amazon’s terms and conditions.

✅ By using our Site, you acknowledge that data may be shared with advertising and analytics services (e.g., TikTok, Meta, Google) to personalize your experience, improve services, or deliver targeted ads, in accordance with our Privacy Policy.

 

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9. Pricing, Modifications & Service Changes

✅ All prices listed on the Site are subject to change without notice.
✅ We reserve the right to modify, suspend, or discontinue any Service or product (or any part thereof) at any time without liability.
✅ Promotional pricing, discount codes, or bundled offers may be temporary and subject to conditions.
✅ We are not responsible for typographical pricing errors, misprints, or discrepancies.

We shall not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuation of products or Services.

 

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10. SMS Marketing (Klaviyo SMS & TCPA Compliance)

By subscribing to our SMS marketing program through Klaviyo or any opt-in mechanism provided by SHAPERX, you consent to receive recurring automated marketing messages at the phone number you provided. This may include messages about:

✅ Order updates & shipping notifications
✅ Abandoned cart reminders
✅ Promotions, sales, and product launches
✅ Personalized marketing offers

Key Conditions:

• Consent is not a condition of purchase.

• Message frequency may vary.

• Message & data rates may apply.

• Reply STOP to opt out.

• Reply HELP for assistance.

• Opt-out requests may result in a confirmation text.

• You must provide an accurate mobile number owned by you.
  
  

By subscribing, you confirm that you are the authorized owner of the mobile number or have permission to enroll the number.

Your participation in SMS marketing is also subject to:
📍 The Telephone Consumer Protection Act (TCPA)
📍 The CTIA Messaging Guidelines
📍 Our Privacy Policy

 

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11. User Conduct & Prohibited Activities

You agree not to use the Site or Services to:

❌ Violate any local, state, national, or international laws
❌ Harass, threaten, abuse, defame, or discriminate against others
❌ Spread malware, viruses, or malicious code
❌ Submit false or misleading information
❌ Copy or exploit any part of the Service without our written consent
❌ Scrape, crawl, spider, or engage in data mining
❌ Attempt to interfere with site functionality or security
❌ Collect personal information of others without consent

Violation of these rules may result in termination of your access without notice and may trigger legal or financial liability.

 

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12. Intellectual Property Rights

All content available on the Site, including but not limited to product images, videos, graphics, designs, branding elements, logos, text, and digital materials, is the property of SHAPERX LLC or licensed third parties, and is protected by applicable copyright, trademark, and intellectual property laws.

You may not:
✅ Copy, reproduce, distribute, modify, sell, or create derivative works from our content without prior written consent
✅ Use our trademarks or branding elements without authorization

You are granted a limited, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes only.

 

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13. Disclaimer of Warranties

Our products and Services are provided “as is” and “as available,” without any express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, durability, accuracy, or non-infringement.

We do not guarantee that:
✅ The Service will be uninterrupted, timely, secure, or error-free
✅ The results obtained from the Service will be accurate or reliable
✅ Any defects will be corrected

 

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14. Limitation of Liability (Capped at Order Value)

To the fullest extent permitted by law, SHAPERX LLC, its officers, employees, affiliates, agents, contractors, partners, and service providers shall not be liable for any direct, indirect, incidental, punitive, or consequential damages, including but not limited to:

❌ Lost profits
❌ Lost revenue
❌ Lost savings
❌ Loss of data
❌ Replacement costs

🚨 In no event shall our total liability exceed the total amount actually paid by you for the product or service giving rise to the claim.

Certain jurisdictions do not allow limitations of liability. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

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15. Indemnification

You agree to indemnify, defend, and hold harmless SHAPERX LLC, its parents, subsidiaries, affiliates, officers, directors, employees, agents, partners, contractors, suppliers, service providers, and licensors from any claim, demand, liability, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

✅ Your breach of these Terms or any referenced policies (including the Privacy Policy)
✅ Your violation of any law or third-party rights
✅ Your misuse of the Site or Services
✅ Content or data you provide or actions taken under your account

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate as reasonably requested.

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16. Governing Law & Jurisdiction (Nevada, USA)

These Terms and any disputes arising from or relating to their interpretation, breach, or enforcement shall be governed by and construed in accordance with the laws of the State of Nevada, USA, without regard to conflict of law principles.

Subject to the arbitration clause below, any legal action or proceeding shall be brought exclusively in the state or federal courts located in Clark County, Nevada, and you hereby consent to the jurisdiction and venue of such courts.

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17. Binding Arbitration & Class Action Waiver

17.1 Agreement to Arbitrate

You and SHAPERX LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, products purchased, or Services (including tort, contract, or statutory claims) shall be resolved exclusively through binding individual arbitration, rather than in court, except for claims that may be brought in small claims court.

17.2 Arbitration Rules

Arbitration will be conducted in English, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Las Vegas, Nevada, USA, unless mutually agreed otherwise.

17.3 No Class Actions

To the fullest extent permitted by law, disputes shall be resolved on an individual basis only.
❌ No class actions, representative actions, or mass arbitrations are allowed.
✅ YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR COLLECTIVE PROCEEDING.

17.4 Injunctive Relief

Either party may seek temporary injunctive or equitable relief from a court of competent jurisdiction to protect intellectual property or confidential information without waiving arbitration.

17.5 Effect of Agreeing to Arbitration

By agreeing to arbitration, you and SHAPERX LLC waive the right to a jury trial.

17.6 Right to Opt Out of Arbitration (30-Day Window)

If you do not wish to be bound by the arbitration provisions of this Section 17, you may opt out by sending a written notice to info@shaperx.com within 30 days of (a) your first purchase from us or (b) the date you first agreed to these Terms (whichever occurs first). Your opt-out notice must include your full name, email address, phone number, and a clear statement that you wish to opt out of binding arbitration.

If you opt out, you will not be bound by the arbitration provisions; however, all other provisions of these Terms will continue to apply. Opting out will not affect your access to or ability to use the Site or Services.

If you do not submit an opt-out notice within the 30-day period, you will be deemed to have agreed to individual arbitration and waived the right to bring or participate in class or representative claims.

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18. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. The remaining provisions shall continue in full force and effect.

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19. Termination

These Terms remain in effect unless and until terminated by either party.

You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or when you cease using our Site.

We may terminate or suspend your access immediately and without notice if:
✅ You breach these Terms
✅ We suspect fraudulent, abusive, or unlawful behavior
✅ Required by law or court order

All obligations and liabilities incurred prior to termination shall survive, including ownership provisions, warranty disclaimers, indemnities, and limitations of liability.

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20. Entire Agreement

These Terms of Service, together with any policies or legal notices posted on our Site (including our Privacy Policy and Return & Refund Policy), constitute the entire agreement between you and SHAPERX LLC and supersede any prior agreements, communications, or understandings (oral or written).

No failure or delay in enforcing these Terms shall be construed as a waiver of rights.

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21. Changes to Terms

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates on our Site. It is your responsibility to check this page periodically for changes.

✅ Your continued use of the Site following the posting of revisions constitutes acceptance of those changes.

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22. Contact Information

For general inquiries regarding these Terms, please contact us at:

📍 SHAPERX LLC
📬 732 S 6TH ST STE R
Las Vegas, NV 89101, USA
📩 Email (general & legal inquiries): info@shaperx.com

For privacy-related requests (access, deletion, opt-out, data rights), contact:
📩 info@shaperx.com