Last update: January 20, 2023

 

Please ensure that you read and fully understand these conditions and retain them for future reference. These terms include the waiver of your right to participate in class or representative actions. They also include an agreement to resolve Disputes through arbitration on an individual basis. See section nine for more information.

1. Binding Agreement

 

This constitutes a binding agreement ("Terms and Conditions", "Terms and Conditions of Use" or "Agreement") between You and America Sunshine, LLC, DBA ( Doing Business As) Intima, a liability company Florida Limited ("America Sunshine", "We" or the "Company").

2. Scope of the Agreement

 

These Terms and Conditions govern your relationship with, and all services provided by, America Sunshine and its partners, affiliates, brands or associated entities, including, but not limited to, the collection of information about you, or the use of data about you. You ("Services"). The Services also include telephone information and transactions, and digital services provided through the website at www.intimausa.com (the "Website" or the "Site"), apps or software provided online or together with the Website, and electronic and telephone communications directed to You by America Sunshine (collectively, the "Digital Services"). These Terms and Conditions also govern Your purchase, use, distribution and resale of America Sunshine products ("Products"), including but not limited to Your interactions with America Sunshine regarding the ordering of its catalogs.

3. Acceptance of the Terms and Conditions

Your acceptance of the Terms and Conditions of this Agreement is effective upon the first of the following actions: (i) requesting a catalog online or by telephone; (ii) obtaining Terms and Conditions from America Sunshine or notification of Terms and Conditions relating to a transaction; (iii) opening an account with America Sunshine; (iv) written or electronic acceptance of the Terms and Conditions provided to America Sunshine, including, without limitation, clicking "I accept" or otherwise indicating acceptance; or (v) verbally express to America Sunshine that You accept the Terms and Conditions.

4. Availability of Terms and Conditions

 

This Agreement is published on the Company's Website. To access it, consult the Website and click on the "Terms and Conditions" hyperlink at the bottom of the page, or go to en.intimausa.com/pages/terminos-y-conditions (to see the Terms and Conditions in English) or sp.intimausa.com/pages/terminos-y-condiciones (to see the Terms and Conditions in Spanish). Additionally, You may choose to receive a paper copy of this Agreement by contacting America Sunshine at 1-877-426-2627 and asking to speak with a supervisor.

5. Changes to the Terms and Conditions of Use

The Company may from time to time modify these Terms of Use in its sole and absolute discretion and with or without prior notice to You of such modification. If we do, we will publish the

Amended Terms and Conditions on the Website page and we will indicate at the top of the page the date the Agreement was last revised. If you continue to use our Products or Services after any such modifications, it will be understood that you accept the new Terms and Conditions of Use. It is your responsibility to periodically review these Terms and Conditions of Use, and if at any time you consider them unacceptable, do not use or distribute (or continue to use or distribute) the Products or Services.

6. Communications between America Sunshine and You

• to. General : By accepting these terms and conditions, You expressly consent and authorize America Sunshine and its associates, agents and other representatives to use written, electronic or verbal means to contact You for any reason, including information about the Services. and America Sunshine Products, and marketing of any kind, including offers, solicitations and promotions. This consent includes, but is not limited to, contact via calling methods, pre-recorded voice messages or an artificial voice, text messages, emails and/or automatic telephone dialing systems. You agree that America Sunshine and its associates, representatives, and its independent representatives may, now or in the future, use any email address or telephone number assigned to you for the America Sunshine services to contact You for any reason, regardless of whether You incur charges as a result.

 

• b. Text Messages : By accepting these Terms and Conditions, you consent that America Sunshine and those acting on its behalf may send you text messages (SMS) to the telephone number you provided to us. These messages may include operational messages about Your use of the Products or Services, as well as marketing or other promotional messages. Likewise, the necessary messages sent by America Sunshine, its affiliated Companies and external service providers, may include, but are not limited to: operational communications related to Your User account or the use of the Products or Services, updates regarding new and existing America Sunshine features or opportunities, communications regarding promotions conducted by Us or our third-party partners, and news regarding America Sunshine and industry developments. Standard text messaging charges imposed by your mobile carrier will apply to text messages sent by Us. Your consent to promotional text messages is not a condition of making any purchase or engaging in any service offered by America Sunshine. If You change or cancel the telephone number You provided to America Sunshine, You must update Your account information to prevent Us from inadvertently contacting anyone who acquires Your old number. You agree that text messages, calls or prerecorded messages sent to you may be generated by automatic telephone dialing systems.

• c. Opt Out of Text Messages: You are free to opt out of receiving promotional text messages from America Sunshine at any time by replying STOP to promotional text messages from America Sunshine. You may opt out of receiving text messages from America Sunshine at any time by deleting Your account or replying STOP to any text message sent by America Sunshine. IMPORTANT: If you opt out of receiving all text messages from America Sunshine, you will not be able to use certain Services without agreeing to receive operational text messages. You may continue to receive text messages for a short period while America Sunshine processes Your request, and You may also receive text messages confirming receipt of Your opt-out request.

• d. Opt-Out of Receiving Text Messages: If you previously opted out of receiving promotional text messages from America Sunshine, you may opt back in to receive text messages from America Sunshine at any time by texting START to any text message from America. Sunshine.

• and. Email: You consent to Us sending you emails regarding Our Products and Services, as well as those offered by third parties. You may opt out of receiving promotional emails by following the unsubscribe instructions contained in promotional emails.

7. Compensation

You agree to indemnify and hold America Sunshine harmless from and against any and all liability, penalties, claims, causes of action and demands brought by third parties, including costs, expenses and attorneys' fees on their behalf, resulting from Your use, distribution or resale of an America Sunshine Product or Service, whether in contract or tort (including strict liability) and regardless of the form of claim.

8. Limitation of Liabilities

To the maximum extent permitted by law, both You and We agree to limit claims for damages or other monetary relief against the other party to direct and actual damages or statutory damages, regardless of the theory of liability. This means that neither party will claim indirect, special, consequential, aggravated or punitive damages from the other, nor will either party be entitled to claim such damages. This limitation and waiver also applies to claims that You may bring against any other party to the extent that We are required to indemnify such party for such claim. You acknowledge that We are not responsible for any problems caused by You or a third party, or by acts of nature of any kind. Applicable law may prohibit the limitation of liability, implied warranties or the exclusion or limitation of certain damages mentioned herein, so this limitation of liability may not apply to You. If any part of this limitation of liability is deemed void or invalid for any reason, in such circumstances America Sunshine's total liability will be limited to the total amount You have paid to America Sunshine, in exchange for Products and Services or, where applicable, during the six months prior to the date of the event giving rise to Your claim(s) against America Sunshine.

9. Conflict Resolution - Agreement to submit disputes to arbitration

Many customer concerns can be resolved quickly and to the customer's satisfaction by contacting America Sunshine's customer service department by dialing 1-877-426-2627 and requesting to speak with a supervisor. Before taking any formal action, You agree to first contact Us and provide Us with a description of Your dispute, all relevant documents, and Your proposed resolution. If We are unable to resolve Your dispute within 30 days of Your notification to Us, You agree to submit Your dispute to binding arbitration or small claims court as set forth in this provision. . If We have a dispute with You, We will follow the same procedures. Please forward Your disputes to legal@intimausa.com.

• to. Agreement to Arbitrate Disputes: This section of the Agreement will be called "Agreement to Arbitrate Disputes." This Agreement to Arbitrate Disputes shall be deemed a contract entered into under the laws of the State of Florida and shall be governed by the laws of the State of Florida in conjunction with the Federal Arbitration Act. The Effective Date of the Agreement to Arbitrate Disputes is January 20, 2023. This Agreement to Arbitrate Disputes may change from time to time, and each change will consist of a new Effective Date. The operative version of the Agreement to Arbitrate Disputes is the version that was or is applicable at the time You accepted the Agreement to Arbitrate Disputes, as defined in Section 9(b) below.

• b. Acceptance Period of Agreement to Arbitrate Disputes: Your Agreement with America Sunshine to Arbitrate Disputes comes into effect when you accept America Sunshine's Terms and Conditions of Service. You are agreeing to the America Sunshine Terms and Conditions of Service by doing any of the following: (i) Requesting a catalog online or by telephone; (ii) receiving the America Sunshine Terms and Conditions or being notified of the Terms and Conditions regarding a transaction; (iii) opening an account with America Sunshine; (iv) giving America Sunshine written or electronic acceptance of the Terms and Conditions, including, but not limited to, clicking "I Accept" or otherwise implying your acceptance; or (v) verbally communicating to America Sunshine that You accept the Terms and Conditions.

 

• c. Effect of Acceptance : Once accepted, this Agreement to Arbitrate Disputes to Arbitrate governs all disputes between You and America Sunshine regardless of when the circumstances giving rise to the dispute occurred, including after Your use of any Services or Products of America Sunshine. The Agreement to Arbitrate Disputes remains in effect even if You stop purchasing, using, distributing or reselling Our Products or Services. If You have concerns, please contact America Sunshine Customer Service at 1-877-426-2627 and ask to speak with a supervisor to resolve Your concerns.

 

• d. Binding Arbitration: Please read this section carefully because it affects rights that you may have. This Agreement requires the use of individual arbitration rather than jury trials or class actions to resolve disputes and claims (including those already litigated). Arbitration is more informal than litigation because it uses a neutral arbitrator rather than a judge or jury and allows for less discovery and fewer appellate reviews compared to a proceeding in a court of law. This arbitration clause shall survive termination of the America Sunshine Terms and Conditions Agreement or termination of Your use of the Services or Your use of any America Sunshine Products. You agree to be aware that in arbitration there is no judge or jury, but that an arbitrator can award you the same damages and relief that you could obtain in a court of law, subject to the restrictions on liability set forth in Section 8 of this agreement. You and America Sunshine further agree that the arbitrator will abide by the terms and conditions of this Agreement. However, as long as such action falls within the respective jurisdictional limitations, either party may bring an action in its individual capacity only in small claims court or in the small claims division of a court with appropriate jurisdiction.

 

• and. Claims Covered in the Agreement to Submit Disputes to Arbitration. This Agreement to Arbitrate Disputes governs all claims or disputes between You and America Sunshine without exception, including claims relating to conduct prior to the Effective Date of this Agreement. References to You and America Sunshine include our respective suppliers, vendors or respective affiliates, officers, representatives, partners, employees or advisors, predecessors in interest, successors and assigns. This Agreement to Arbitrate Disputes includes, but is not limited to, claims for relief and theories of liability between You and America Sunshine, whether based on contract, tort, fraud, negligence, regulation or ordinance. ; claims for relief under any state or federal statute, including, but not limited to, the federal and any state analogues of the Telephone Consumer Protection Act (for example, the Florida Telephone Solicitation Act), Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, and other statutes; claims for common law fraud, misrepresentation, or any other legal or equitable theory arising out of Your relationship with America Sunshine, any interaction between You and America Sunshine, and/or claims arising out of or related to Your contract with America Sunshine. If there is a final court decision such that applicable law precludes enforcement of the restrictions in this paragraph with respect to a claim for relief, such claim (and only such claim) must be severed from the arbitration and may be brought in a court of law, in which case You agree that the jurisdiction to litigate such claim will be Broward County, Florida, or your county of residence, but provided that You reside in Florida.

• F. Indemnification : If any term or condition of this Agreement to Arbitrate Disputes is, to any extent, invalid, illegal or unenforceable, such term or condition shall be excluded to the extent of such invalidity, illegality or unenforceability; all other terms and conditions of this Agreement shall remain in full force and effect.

 

• g. Section Concerning Delegation: You and America Sunshine agree that the arbitrator will have the power to decide based on his or her own jurisdiction, the existence, scope, validity and arbitrability of this Agreement. This Delegation Section shall be deemed an agreement made under the laws of the State of Florida and shall be governed by the laws of the State of Florida in conjunction with the Federal Arbitration Act. Your Agreement with America Sunshine to submit to this Delegation Section is effective upon Your Acceptance of America Sunshine's Terms and Conditions of Service.

• h. A Single Arbitrator: Claims will be heard by a single arbitrator.

 

• Yo. No Class Actions in Arbitration: You and America Sunshine agree that any arbitration will be conducted on an individual basis and not on a consolidated, class or representative basis. You and America Sunshine further agree that the arbitrator may not consolidate proceedings or consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Each party waives the right to litigate in court or arbitrate any claim or controversy on a class action basis, whether as a class member or representative, or to act as a private attorney general. If there is a final court decision such that applicable law precludes enforcement of the restrictions in this paragraph with respect to a claim for relief, such claim (and only such claim) must be severed from the arbitration and may be brought in a court of law.

 

• j. AAA Code: The arbitration of any controversy or claim will be conducted in accordance with the American Arbitration Association (AAA) Code (collectively, the "AAA Code"), as modified by this Agreement . The AAA Code is available at www.adr.org, or by calling 1-800-778-7879.

• k. Interpretation of Agreement to Arbitrate Disputes: You and America Sunshine agree that the use, distribution or resale of America Sunshine Services or Products evidences a transaction in interstate commerce and this arbitration provision will be interpreted and applied in accordance with the laws of the State of Florida and the Federal Arbitration Law.

• l. Arbitration Costs: (i) For claims You bring against America Sunshine: In the absence of a finding that Your claim is in bad faith, brought for an improper purpose or malicious within the meaning of the rules of the Federal Procedure Law Civil 11(b), if You initiate an arbitration in which You claim less than $5,000 in damages, America Sunshine will pay the filing, administration and arbitrator fees for an arbitration initiated pursuant to this Agreement to Submit to Arbitrate Disputes, provided that You are responsible for the first $100 in filing fees of an arbitration proceeding initiated pursuant to this Agreement to Arbitrate Disputes; You will receive Your share of $100 of the filing fees from America Sunshine. However, if the arbitrator finds that your claim was in bad faith, was brought for an improper purpose, or was malicious, payment of all fees will be set in accordance with the AAA Code. If You initiate an arbitration seeking more than $5,000 in damages, payment of costs will be set in accordance with the AAA Code. (ii) For claims brought by America Sunshine against You, payment of costs will be set under the AAA Code.

• m. Location of Arbitration: Unless you and America Sunshine agree otherwise and subject to the final decision of the arbitrator, the default location for the arbitration proceeding will be Broward County, Florida, but the arbitration proceeding may alternatively be conducted by telephone or by video conference if you agree. Either or both parties may participate in the proceedings via video conference (e.g. Zoom) or by telephone.

 

• n. Applicable Law in an Arbitration Procedure: The arbitrator will be governed by the laws of the State of Florida with respect to the substantive issues that are the subject of the dispute. Notwithstanding any provision to the contrary, the arbitrator shall be governed by the laws of the State of Florida and the Federal Arbitration Act in interpreting and enforcing this Agreement to Arbitrate Disputes and each of its provisions, including those relating to any question regarding acceptance of the Terms and Conditions of the Agreement to Arbitrate Disputes. Any competent court may issue judgment on the award rendered.

 

• either. Disclosure with Consent of Both Parties . Except as required by law, such as through a motion to confirm or a motion to vacate an arbitration award, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.

 

• p. Opting Out of Arbitration: You have the right to opt out of this Agreement to Arbitrate Disputes within 30 days of your acceptance of the Agreement to Arbitrate Disputes as defined in Section 9(b) of this Agreement. Unless We modify the Agreement to Arbitrate Disputes, this means that You will have a single opportunity to elect not to arbitrate any claim between You and America Sunshine. If we make changes to this Agreement to Arbitrate Disputes, You will have the right to opt out within 30 days of the changes. You may exercise this right to opt out of this Agreement to Arbitrate Disputes by sending a written email to Us at America Sunshine at legal@intimausa.com. The letter You send to Us must state Your name, Your America Sunshine account number, and state that You are opting out of the Agreement to Arbitrate Disputes. Any opt-out received after the opt-out deadline (or, in the case of those sent by mail, postmarked after the opt-out deadline) will not be valid, and you must pursue any claim or dispute against America Sunshine (as defined in Section 9 of this Agreement) through arbitration.

10 . Class Action Waiver if Litigation Is Filed in Court

If for any reason the Agreement to Arbitrate Disputes is invalid or unenforceable, or to the extent the Agreement to Arbitrate Disputes permits litigation of disputes in court, or if any claim between You and America Sunshine is litigated in court for any reason, you and America Sunshine each waive to the fullest extent permitted by law: (i) any right to bring any claim on a class or consolidated basis, and (ii) your right to act in representative capacity in any collective or consolidated form. If this Class Action Waiver is deemed to be in any way invalid, illegal or unenforceable, it shall be barred to the extent of such invalidity, illegality or unenforceability; all other terms of this Agreement will remain in full force and effect.

11. Applicable Law

This Agreement shall be construed under the laws of Florida, without regard to the state's choice of law rules, except with respect to the Agreement to Arbitrate Disputes contained in this Agreement, which shall be governed by the Federal Law of Florida. Arbitration and Florida law as set forth in Section 9 of this Agreement.

12. Integrity of the Agreement

This Agreement constitutes the entire Agreement between You and America Sunshine. If either party fails to enforce any of the terms and conditions set forth herein, such failure shall not be construed as a waiver of such conditions and terms nor shall it affect the validity and enforceability thereof. The waiver of any breach of any condition or term shall not be construed as a waiver of any other or subsequent breach of any condition or term.

13. Compensation

In the event that any of the provisions contained in this Agreement are void of legal force, the remaining provisions will remain valid and enforceable.