Power Hut – Terms And Conditions
Thank you for visiting the POWER HUT™ website located at www.mypowerhut.com (the “Site”). The Site is an Internet property of Elegant Silhouette Media 1 LLC (collectively, “Elegant Silhouette Media 1 LLC™,” “we,” “our,” or “us”).
These POWER HUT™ Terms and Conditions (“Terms and Conditions”) are inclusive of the Elegant Silhouette Media 1 LLC™ Privacy Policy (“Privacy Policy”), the rules applicable to any Promotion (as defined below) offered by Elegant Silhouette Media 1 LLC™ (“Contest Rules”), and any and all other applicable operating rules, policies, price schedules, and supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).
Each end-user visitor to the Site (“user,” “you,” or “your”) agrees to the Agreement, in its entirety, when he/she/they: (a) accesses or uses the Site; (b) accesses and/or downloads any of the: (i) free-to-access text, audio, video, photographs, graphics, artwork, testimonials and/or other content featured on the Site (collectively, “Informational Content”); and/or (ii) links to third-party websites, products and/or services (“Third-Party Links”); (c) accesses links to Elegant Silhouette Media 1 LLC’s™ social media pages/accounts (collectively, “Social Media Pages”) on third-party social media websites (“Social Media Websites”); (d) registers, for a fee, as a member of the Site (“Member”), which provides Members with access to: (i) premium content including, without limitation, health, wellness, fitness, horoscope and sports-related content, as well as HTML-based video games (collectively, “Premium Content,” and together with the Informational Content and Third-Party Links, the “Content”), as made available on or through the Site by Elegant Silhouette Media 1 LLC™ and/or Elegant Silhouette Media 1 LLC’s™ third-party content providers (“Content Providers”); and (ii) a variety of printable, web-based coupons (“Printable Coupons”) and online coupon codes (“Coupon Codes,” and together with Printable Coupons, “Coupons”), as made available on or through the Site by Elegant Silhouette Media 1 LLC’s™ third-party coupon provider partners (“Coupon Providers,” and together with the Content Providers, the “Third-Party Providers”); (e) enters one of the promotions, sweepstakes and/or contests featured on the Site from time to time (collectively, “Promotions”); and/or (f) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Elegant Silhouette Media 1 LLC™ (collectively, the “Contact Services,” and together with the Site, Content, Social Media Pages, Membership, Coupons and Promotions, the “Site Offerings”).
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE WITH THE AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND A MANDATORY ARBITRATION PROVISION IN FAVOR OF ELEGANT SILHOUETTE MEDIA 1 LLC™ AND ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY PROVIDERS, AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”). THESE PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, INCLUDING UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
Billing Terms and Subscription Policy
1. Membership Fees
By purchasing a membership, you agree to pay a recurring subscription fee of $29.99 USD per month (“Membership Fee”). The Membership Fee grants you access to member-exclusive features, content, or services for the duration of your active subscription period.
2. Billing Cycle
Your membership is billed on a monthly recurring basis, starting on the date of your initial purchase. Unless canceled, the subscription automatically renews every month on the same calendar date as your original sign-up.
3. Payment Method
You authorize us (and our third-party payment processors) to automatically charge the Membership Fee to the payment method provided at checkout. It is your responsibility to ensure that your payment information is current, complete, and accurate at all times.
4. Automatic Renewal
Your membership will automatically renew at the end of each billing period unless you cancel your subscription before the renewal date. You may cancel at any time by logging into your account and following the cancellation instructions. Cancellations take effect at the end of the current billing cycle — no further charges will be applied after cancellation.
5. Refund Policy
Membership fees are non-refundable, except as required by law. No partial refunds or credits are provided for unused portions of a membership period, or for early cancellation.
6. Failed Payments
If a payment fails to process, we may attempt to charge the payment method again. If payment remains unsuccessful, your membership access may be suspended or terminated until payment is received.
7. Contact and Billing Support
For billing inquiries, subscription management, or refund requests, please contact our support team at Support@MyPowerHut.com
1. Disclaimers
You understand that the Content and other Site Offerings are not intended for use by persons under eighteen (18) years of age. Elegant Silhouette Media 1 LLC™ does not warrant or represent that such Content and other Site Offerings are error-free.
You acknowledge and understand that the Content (including any nutritional, diet and/or lifestyle-related advice) and other Site Offerings have not been evaluated by the U.S. Food & Drug Administration (“FDA”). The Content and other material made available by and through the Site Offerings: (a) are not intended to diagnose, treat, cure or prevent any medical condition or disease; (b) are not in any way intended as medical advice or as a substitute for medical advice and/or medical treatment; and (c) should only be used in conjunction with the guidance and care of your physician.
Please be advised that not everyone is healthy enough to engage in strenuous physical activity. Engaging in any exercise routine, program or other activity associated with any Content and/or other Site Offerings is at your own risk.
You should always consult with your physician or other healthcare professional before adopting any nutritional plan, exercise regimen, wellness program or other activity and/or adopting any treatment for any health problem, whether featured by and through the Content and/or other Site Offerings, especially if you suffer from any pre-existing medical condition or have a family history of these or other medical conditions. Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate. If you have or suspect that you have a medical problem as a result of using any nutritional plan, exercise regimen, wellness program or other activity, whether featured by and through the Content and/or other Site Offerings, promptly contact your healthcare provider. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with any Content and/or other Site Offerings.
Elegant Silhouette Media 1 LLC™ does not warrant or represent that the Site Offerings will provide you with any particular health or other benefits, or that your results will match those of others who have used the Content and/or other Site Offerings. Individual results will vary and depend on factors including pre-existing medical conditions, age, weight, body chemistry, diet, and exercise regimen.
The nutritional programs associated with the Content and/or other Site Offerings may include meal recipes that contain ingredients that you may be allergic to. You should always check the ingredients in such recipes to avoid potential allergic reactions. If you have, or suspect that you are experiencing, an allergic reaction or other adverse health event, promptly contact your healthcare provider.
2. Scope; Modification of Agreement
The Agreement constitutes the entire and only agreement between users and Elegant Silhouette Media 1 LLC™ with respect to users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings. By your continued use of the Site Offerings, you agree to comply with, and be bound by, the Agreement then in effect (subject to the carve-outs in this Section).
3. Requirements; Termination; Necessary Equipment
The Site Offerings are available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater, in their respective jurisdictions of residence); and (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the Site Offerings.
To the extent permitted by applicable law, Elegant Silhouette Media 1 LLC™ may terminate your right to access the Site Offerings at any time where you: (i) are in breach of the Agreement; (ii) are engaged in improper conduct in connection with the Site Offerings; and/or (iii) are conducting any unauthorized commercial activity by or through your use of the Site Offerings.
You are responsible for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. Elegant Silhouette Media 1 LLC™ does not guarantee the quality, speed or availability of the Internet connection associated with your device or that the Site Offerings can be accessed (A) on all devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply.
4. Registration Forms
To purchase a Membership and/or utilize certain Site Offerings, including the Contact Services, you may be required to submit one or more registration forms (each, a “Form”). The information that you must supply on a Form may include, without limitation: (a) your full name; (b) your mailing/billing address; (c) your e-mail address; (d) your telephone number; (e) your PayPal® account and/or credit card information (where purchasing a Membership); and/or (f) any other information requested by us on the applicable registration Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, and to maintain it up to date and accurate.
Elegant Silhouette Media 1 LLC’s™ use of Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
5. Membership; Cancellation of Membership; Billing Disclosures
We offer both one-time purchases and subscription-based purchases. Subscription purchases, such as the Power Hut™ VIP Membership, are billed at $29.99 per month on a recurring basis until canceled. On each product page, customers can choose between a one-time purchase or a subscription purchase.
VIP Membership Summary. Unlock the full Powerhut™ experience with our exclusive VIP Membership — your all-in-one pass to workouts, wellness, rewards, and community. By placing your monthly recurring order of $29.99, you agree that your Payment Method will be charged $29.99 now and every 30 days thereafter until you cancel your subscription. You will receive an electronic notification 5 to 7 days prior to each transaction and a receipt after each successful transaction.
Purchase and Recurring Billing. You can purchase a Membership through the Site by completing the applicable Form and providing the required Registration Data. Your PayPal®, credit card and/or debit card account (collectively, “Payment Method”) provided on the initial registration Form or updated at a later date will be charged Twenty-Nine Dollars and Ninety-Nine Cents ($29.99) on a recurring every-30-days basis for as long as your Member account remains active. Such fees are charged in advance. You acknowledge and agree that Elegant Silhouette Media 1 LLC™ will not obtain additional authorization from you for these recurring payments. Each time you access or use your Member account, you reaffirm that Elegant Silhouette Media 1 LLC™ is authorized to charge your Payment Method.
Cancellation. You may cancel your Membership at any time by: (a) utilizing the options made available in your Member account or via your Payment Method provider; (b) calling 1 (800) 897-5861; or (c) emailing support@mypowerhut.com. Cancellation will stop future recurring charges; amounts already charged are subject to any applicable refund policy stated on the Site.
Payment Method Updates; Nonpayment. You must promptly notify us if your Payment Method is cancelled or becomes invalid (e.g., due to loss or theft), or your Membership may be cancelled or suspended. Updates to billing information can be made within your Member account or by contacting 1 (800) 897-5861 or support@mypowerhut.com. If your credit card fails to process for a renewal, you agree that Elegant Silhouette Media 1 LLC™ may contact you via any phone number or e-mail address you provided for alternate payment information. If payment is not received, your account may be suspended or sent to collections. Charges will appear on your statement under the identifier “Power Hut.”
Currency; Pricing Changes. All prices displayed on the Site are quoted in U.S. Dollars, payable in U.S. Dollars, and valid only in the United States. Failure to use your Membership does not constitute a basis for refusing to pay associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Elegant Silhouette Media 1 LLC™ in effect at any given time. Upon reasonable prior notice (via Site updates and/or e-mail), Elegant Silhouette Media 1 LLC™ reserves the right to change its Billing Provisions in its sole discretion. Continued use of the Site Offerings and/or Membership after such notice constitutes consent to changes; provided, however, that no amendment applies to charges incurred prior to its effective date.
6. Electronic Signatures
Elegant Silhouette Media 1 LLC’s™ authorization to provide and bill for your Membership may be obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, the electronic order constitutes an electronic letter of agency. Elegant Silhouette Media 1 LLC’s™ reliance upon your electronic signature is sanctioned under the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Commerce Act (collectively, the “E-Sign Act”). Pursuant to applicable laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OFFERINGS. You acknowledge that you can print or store electronic records in an unaltered form.
7. Content
The Site contains Content which includes, but is not limited to, Premium Content. The Content is compiled, distributed and displayed by Elegant Silhouette Media 1 LLC™, as well as Third-Party Providers. Elegant Silhouette Media 1 LLC™ does not control Content provided by Third-Party Providers. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Reliance on any Content or other information made available to you by and through the Site Offerings is solely at your own risk. Elegant Silhouette Media 1 LLC™ does not represent or warrant that the Content and other information posted by and through the Site Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Elegant Silhouette Media 1 LLC™ will not be responsible for, and undertakes no duty to monitor or police, Content provided by Third-Party Providers. You agree that Elegant Silhouette Media 1 LLC™ shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.
The Content: (a) is not intended to diagnose, treat, cure or prevent any medical condition or disease; (b) is not in any way intended as medical advice or as a substitute for medical advice and/or medical treatment; and (c) should only be used in conjunction with the guidance and care of your physician. Please be advised that not everyone is healthy enough to engage in strenuous physical activity. Engaging in any exercise routine, program or other activity associated with any Content is at your own risk. Always consult a physician before beginning any program, and seek care promptly if you experience adverse effects.
8. Coupons
The following terms and conditions apply to all Coupons made available by and through the Site Offerings, except as otherwise specified on (or in association with) a particular Coupon and except as otherwise required by law. All persons accepting, printing, using or attempting to use any Coupon (each, a “Consumer”) agree to the terms of this Section in their entirety.
All Coupons are issued by participating third-party provider merchants (“Merchants”) and made available by and through the Site Offerings. The Merchants are the holders and issuers of the Coupons and under no circumstances shall Elegant Silhouette Media 1 LLC™ be deemed the holder, issuer or seller of any Coupon. The law applicable to the Coupons shall be the law of the state where the interaction between the applicable Merchant and applicable Consumer occurs. As the holder and issuer of a Coupon, each Merchant is solely responsible for the value and redemption of that Coupon and for any and all bodily injury, illness, damages, claims, liabilities and costs suffered by or relating to any Consumer and compliance with all laws including, without limitation, unclaimed property and escheatment laws relating to that Coupon. Coupons are subject to all limitations stated on (and/or associated with) the Coupons or imposed by the applicable Merchants. Neither Elegant Silhouette Media 1 LLC™, nor the applicable Merchant, is responsible for lost or stolen Coupons.
The Coupons contain descriptions that are provided directly by the Merchants, manufacturers and/or distributors of such Coupons, as applicable. Elegant Silhouette Media 1 LLC™ does not represent or warrant that the descriptions of such Coupons are accurate or complete and has no control over the quality, safety or legality of the Coupons. You understand and agree that Elegant Silhouette Media 1 LLC™ is not responsible or liable in any manner whatsoever for: (a) your use of, or inability to use and/or qualify for, any Coupon; (b) any dispute between you and any Merchant; or (c) any modification, suspension or discontinuation of any Coupon offered by any Merchant.
All taxes associated with the receipt and/or redemption of Coupons are the sole responsibility of the applicable Consumer.
9. Promotions
From time to time, Elegant Silhouette Media 1 LLC™ offers Promotions by and through the Site Offerings. By providing true and accurate information in connection with the applicable Promotion form(s) and agreeing to the Contest Rules applicable to each Promotion, users can obtain, or attempt to obtain, a chance to win the prizes and other awards offered through each Promotion. Each user understands and agrees that Elegant Silhouette Media 1 LLC™ shall not be liable to such user or any third party for any claim in connection with that user’s participation in any Promotions.
10. Social Media Pages
The Site contains links to various Elegant Silhouette Media 1 LLC™ Social Media Pages. The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Elegant Silhouette Media 1 LLC™ shall not be liable to you, any other user or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
11. Representations and Warranties
Each user hereby represents and warrants to Elegant Silhouette Media 1 LLC™ as follows: (a) the Agreement constitutes the legal, valid and binding obligation of user, which is fully enforceable against such user in accordance with its terms; (b) user understands and agrees that user has independently evaluated the desirability of utilizing the Site Offerings and has not relied on any representation and/or warranty other than those set forth in the Agreement; and (c) the execution, delivery and performance of the Agreement by user will not conflict with or violate: (i) any applicable law; (ii) any order, judgment or decree applicable to user; and/or (iii) any agreement or other instrument applicable to user.
12. Indemnification
Each user agrees to indemnify, defend and hold Elegant Silhouette Media 1 LLC™, its officers, directors, employees, agents and attorneys, as well as the Covered Parties, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that user and any Third-Party Provider(s), Merchant(s) and/or other third party(ies); (b) that user’s breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that user’s unauthorized and/or improper use of the Site Offerings. The provisions of this Section are for the benefit of Elegant Silhouette Media 1 LLC™, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys, each of whom shall have the right to assert and enforce these provisions directly against users.
13. License Grant
Each user is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. Elegant Silhouette Media 1 LLC™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by Elegant Silhouette Media 1 LLC™, users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No user or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Elegant Silhouette Media 1 LLC™. No user or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No user or other third party may create any “derivative works” by altering any aspect of the Site Offerings. No user or other third party may use the Site Offerings in conjunction with any other third-party content. No user or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Elegant Silhouette Media 1 LLC™. Each user further agrees to indemnify and hold Elegant Silhouette Media 1 LLC™ harmless for that user’s failure to comply with this Section. Elegant Silhouette Media 1 LLC™ reserves any rights not explicitly granted in the Agreement.
14. Proprietary Rights
The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any user or other third party of any part of the Site Offerings is strictly prohibited. No user or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The “Elegant Silhouette Media 1 LLC” name and logo, and all associated graphics, icons and service names, are registered trademarks of Elegant Silhouette Media 1 LLC. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.
15. Legal Warning
Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and Elegant Silhouette Media 1 LLC™ will pursue any and all remedies to the fullest extent permissible by law and in equity.
16. Disclaimer of Warranties
THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). WITHOUT LIMITATION, ELEGANT SILHOUETTE MEDIA 1 LLC™ MAKES NO WARRANTY THAT THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; (E) WILL RESULT IN ANY ECONOMIC BENEFIT FROM THE COUPONS; OR (F) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND OTHER PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ELEGANT SILHOUETTE MEDIA 1 LLC™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM ELEGANT SILHOUETTE MEDIA 1 LLC™ OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
17. Limitation of Liability
EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT ELEGANT SILHOUETTE MEDIA 1 LLC™ SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ELEGANT SILHOUETTE MEDIA 1 LLC™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND OTHER PRODUCTS AND SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND THE OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA; (E) THE FAILURE TO REALIZE ANY SPECIFIC MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; (F) THE FAILURE TO REALIZE ANY SPECIFIC ECONOMIC BENEFIT FROM THE COUPONS; AND/OR (G) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND OTHER PRODUCTS AND SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES ELEGANT SILHOUETTE MEDIA 1 LLC™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF ELEGANT SILHOUETTE MEDIA 1 LLC™ TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND OTHER PRODUCTS AND SERVICES, MAY BE BROUGHT BY ANY USER OR ELEGANT SILHOUETTE MEDIA 1 LLC™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY; IN SUCH JURISDICTIONS THE LIABILITY OF ELEGANT SILHOUETTE MEDIA 1 LLC™ SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
18. Third-Party Websites
The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites and/or Third-Party Links. Elegant Silhouette Media 1 LLC™ does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by Elegant Silhouette Media 1 LLC™ of the applicable website or any association with the website’s operators. Because Elegant Silhouette Media 1 LLC™ has no control over such websites and/or resources, each user agrees that Elegant Silhouette Media 1 LLC™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any user’s data privacy by third parties. Each user further agrees that Elegant Silhouette Media 1 LLC™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
19. Copyright Policy/DMCA Compliance
Elegant Silhouette Media 1 LLC™ reserves the right to terminate the account of any user who infringes upon third-party copyrights. If any user or other third party believes that a copyrighted work has been copied and/or posted via the Site Offerings in a way that constitutes copyright infringement, that party should provide Elegant Silhouette Media 1 LLC™ with: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) identification and location of the copyrighted work that such party claims has been infringed; (c) a written statement that the disputed use is not authorized by the owner, its agent or the law; (d) the complaining party’s name and contact information; and (e) a statement that the above information is accurate and, under penalty of perjury, that the party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Elegant Silhouette Media 1 LLC’s™ Copyright Agent: Copyright@MyPowerHut.com.
20. Editing, Deleting and Modification
Elegant Silhouette Media 1 LLC™ reserves the right, in its sole discretion, to edit and/or delete any documents, information or Content appearing on the Site.
21. Use of Registration Data
All material submitted by users through or in association with the Site Offerings, including without limitation the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
22. Dispute Resolution Provisions
The Agreement shall be treated as though executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between the parties (including the Covered Parties) including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then-current Commercial Arbitration Rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice (link available on the Site). We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration (link available on the Site). For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney, we will reimburse reasonable attorneys' fees accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
Class Action Waiver. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Covered Parties and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant. You agree to pay the attorneys' fees and court costs that any Covered Party incurs in seeking such relief. This provision: (i) does not waive any of your rights or remedies to pursue a claim individually in binding arbitration as provided above; and (ii) is an independent agreement. You may opt out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
23. California User Consumer Rights
In accordance with Cal. Civ. Code § 1789.3, California residents may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
24. Miscellaneous
To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence; provided, however, that with respect to any Promotions, to the extent that anything in these Terms and Conditions is inconsistent with the applicable Contest Rules, those Contest Rules shall take precedence. Elegant Silhouette Media 1 LLC’s™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Elegant Silhouette Media 1 LLC™ may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and do not define, limit, construe or describe the scope of any section.
25. Contact Us
If you have any questions about the Agreement, Site Offerings or the practices of Elegant Silhouette Media 1 LLC™, please use the contact method applicable to your inquiry, as set forth on the Contact Us page of the Site.Billing Terms and Subscription Policy
1. Membership Fees
By purchasing a membership, you agree to pay a recurring subscription fee of $29.99 USD per month (“Membership Fee”). The Membership Fee grants you access to member-exclusive features, content, or services for the duration of your active subscription period.
2. Billing Cycle
Your membership is billed on a monthly recurring basis, starting on the date of your initial purchase. Unless canceled, the subscription automatically renews every month on the same calendar date as your original sign-up.
3. Payment Method
You authorize us (and our third-party payment processors) to automatically charge the Membership Fee to the payment method provided at checkout. It is your responsibility to ensure that your payment information is current, complete, and accurate at all times.
4. Automatic Renewal
Your membership will automatically renew at the end of each billing period unless you cancel your subscription before the renewal date. You may cancel at any time by logging into your account and following the cancellation instructions. Cancellations take effect at the end of the current billing cycle — no further charges will be applied after cancellation.
5. Refund Policy
Membership fees are non-refundable, except as required by law. No partial refunds or credits are provided for unused portions of a membership period, or for early cancellation.
6. Failed Payments
If a payment fails to process, we may attempt to charge the payment method again. If payment remains unsuccessful, your membership access may be suspended or terminated until payment is received.
7. Price Changes
We reserve the right to change our Membership Fee at any time. Any fee changes will take effect on your next billing cycle following notice. Continued use of the membership after the price change constitutes your agreement to the new rate.
8. Taxes
All prices are exclusive of applicable taxes unless stated otherwise. You are responsible for any taxes that may apply to your purchase under relevant laws.
9. Contact and Billing Support
For billing inquiries, subscription management, or refund requests, please contact our support team at [insert support email or contact link].