Terms & Conditions

Any and all Fx4boutique.com("the Site") content ("Site content") including, without limitation, code, static and animated images, text, graphics, photographs, titles, audio and video clips, data compilations and software contained in any files or materials comprising the Site, are, the sole and exclusive property of Beloved Star, LLC(DBA "FX4BOUTIQUE.COM") and/or its content suppliers. This includes all content, whether initially provided as part of the Fx4boutique.comsite or transmitted by any subscriber, user, or other individual. Everything But Water and its content providers’ rights in all content as specified above include but are not limited to the rights conferred by all applicable intellectual property assignment such as copyrights, trademarks and designs.

FX4BOUTIQUE.COM grants you a limited, revocable and nonexclusive license to (1) access this site for personal use and (2) to create a hyperlink to the Fx4boutique.com home page, so long as the link does not portray Fx4boutique.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. Other than page caching that may occur in the course of normal personal use, in neither case does this license confer any right to download or to modify any Site content. This license expressly excludes any resale, promotional or commercial use of the Site identity or its contents; any collection or reuse of any product listings, descriptions, or prices; any downloading, retransmitting, broadcast or copying of account information; or any use of data mining, robots, or any other collection or extraction process. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other Site content as delineated in Paragraph 1, regardless of whether its original source is Fx4boutique.com or its designers or other content providers. You may not use any meta tags or any other "hidden text" that utilizes Fx4boutique.com’s name or trademarks displayed on the Site.

In accordance with Paragraph 1, you agree that any and all messages, comments or other contributions made by any subscriber, user or other individual having access to Fx4boutique.com are the sole and exclusive property of Beloved Star, LLC.  This includes any messages, comments or contributions contained in any Chat Room, Message Board or other location and any messages, comments or contributions contained in any e-mail. You further agree that, consistent with its ownership of Site content, Fx4boutique.com may use or reproduce any such messages, comments or contributions, including for promotional or commercial purposes.

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any transmitted content. Fx4boutique.com reserves the right, but not the obligation, to remove or edit such content, but does not regularly review posted content.

By using this site, you assume sole responsibility for maintaining the confidentiality of and restricting access to your account and password, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Fx4boutique.com only with involvement of a parent or guardian. Fx4boutique.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion. See our Privacy Policy [hyperlink] for information as to our efforts to maintain the security of any personally identifiable information that you may choose to provide.

Under no circumstances does your use of Fx4boutique.comform any relationship, whether implied or express, with Beloved Star, LLC or the Site. Fx4boutique.com hereby disclaims any such relationship and any liability arising as a result of its use of any content, including messages, comments or contributions, contained on Fx4boutique.com

Information on Our Website

In order to give you the best view of our products in great detail, some products may appear larger or smaller than their actual size in our photographs. Due to personal computer and monitor settings, color and size may vary slightly. We provide you with as much information and detail about our apparel and accessories as possible.

The material contained in this website has been checked for accuracy. However, Fx4boutique.com makes no warranties or representations as to its accuracy and it is supplied without any expressed or implied warranties. Without limiting the foregoing, everything on the site is provided to you "AS IS" without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge by your use of this site that Fx4boutique.com and its affiliates and agents assume no responsibility for any consequence, damage or loss relating directly or indirectly to any action or inaction you take based on the information, services or other materials on this site. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Site visitors should check local laws for any restrictions or limitations regarding the exclusions of implied warranties. In no event and under no legal or equitable theory, whether contract, tort or otherwise, shall Beloved Star, LLC or any of its affiliates, agents, vendors or suppliers be liable to you or any other person for any indirect, special, incidental or consequential losses or damages arising out of the use of or the inability to use this site. In no event will Fx4boutique.com be liable to for any damages in excess of the monies paid by you in connection with your use of this site during the one-month period preceding the date on which your claim arose.

Product Availability and Pricing

Fx4boutique.com reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. If you're interested in an item that is out of stock or back-ordered, contact us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item can go out of stock before we are able to post notification to the site. If this happens, we will notify you personally so we can help you find another item. All prices displayed on the Fx4boutique.com site are quoted in U.S. dollars. While Fx4boutique.com strives to provide accurate pricing and product information, inadvertent errors may occur. In the event of an error in pricing and product information, Fx4boutique.com shall have the right in its sole discretion to refuse or cancel any orders placed for that item. Any advertised prices are not binding on Fx4boutique.com and may be adjusted by Fx4boutique.com at any time. We apologize for any inconvenience that this may cause. Placement of an order and receipt of an order confirmation does not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.

Order Acceptance

Fx4boutique.com may be unable to accept certain orders and reserves the right to cancel or refuse any order for any reason. You will not be charged until your payment method is authorized, the order information is verified and your order is shipped. Fx4boutique.com will contact you if all or any portion of your order is canceled or if additional information is required to process your order. If your order is canceled after your credit card has been charged, Fx4boutique.com will issue a credit to your credit card in the amount of the charge.

Copyrights and Trademarks

All contents, documents and material in this site are copyrights, trademarks and other intellectual property owned, controlled or licensed by Fx4boutique.com or by third parties who have licensed their materials to Fx4boutique.com. Access to this site does not confer and shall not be considered to confer upon anyone any license under any of Fx4boutique.com's or any third party's intellectual property rights. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use. No right, title or interest in any downloaded materials is transferred to you as a result of such downloading. The images of people or places displayed on the site are either the property of, or used with permission of, Fx4boutique.com. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Nothing contained on the site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the site without the written permission of Fx4boutique.com or any third party that may own the trademarks or service marks displayed on the site. Fx4boutique.com will aggressively enforce its intellectual property rights to the fullest extent of the law.

Indemnification

You agree to defend, indemnify and hold harmless Fx4boutique.com Beloved Star, LLC's vendors and their affiliates and related entities and their respective directors, officers, employees and agents from and against all claims, losses, damages, liabilities and costs (including but not limited to reasonable attorneys' fees and court costs) arising out of or relating to your breach of these Terms or your access to or use of the Fx4boutique.com site. The foregoing indemnification obligation shall survive termination of these Terms and the Fx4boutique.com site and any product or service provided to you arising out of or relating to your use of the Fx4boutique.com site.

Submissions

All comments, suggestions, feedback, ideas and other submissions offered or submitted to Fx4boutique.com on or by this site or otherwise offered or submitted in connection with your use of this site (the "Comments") shall be and remain the property of Fx4boutique.com. Such offer or submission of any Comments shall constitute an assignment to Fx4boutique.com of all worldwide rights, title and interest of any kind whatsoever in such Comments. Fx4boutique.com shall exclusively own all such rights, title and interests and shall not be limited in any manner in its use of the Comments for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, posting, developing, manufacturing and marketing products or services using information contained in such Comments. Fx4boutique.com is and shall be under no obligation to pay any compensation for any Comments or respond to any user for such Comments. Except as otherwise expressly provided herein or in the Fx4boutique.com privacy policy posted on the Fx4boutique.com site, any Comment is and will be treated as non-confidential and non-proprietary.

Miscellaneous

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Fx4boutique.com of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

Fx4boutique.com shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood or any other Act of God, any law, regulation, ordinance or other act or order of any court, government or governmental agency or delays, unavailability, errors or other failures of the Internet or other data networks.

Links to other websites

Fx4boutique.com does not endorse and is not responsible for the content of any site that s linked to us regardless of any past or present relationship with the owner or operator of said site. Any links from our site to any other site(s) are for your convenience only.
No license is implied and none should be inferred to link to this site (unless developed for use by Beloved Star, LLC or its subsidiaries – the Site(s)) using any framing technology or to link to any page on this site other than the home page, and we reserve all of our rights under the law to insist that any link to this site be discontinued.

Access to or use of the Fx4boutique.com site shall not be construed as Fx4boutique.com's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of New York. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law provisions. Additionally, any claims brought against Fx4boutique.com shall be governed by and construed in accordance with the laws of the State of New York. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of this website or any orders placed or products purchased on the Fx4boutique.com site, shall be in the state or federal courts located in the County of Los Angeles, State of California.

© 2010 Beloved Star, LLC dba Fx4boutique.com ™. All rights reserved. All trademarks, service marks and logos are owned by or registered to Beloved Star, LLC.

The Fit Therapist Video Disclaimer

The information contained in the fx4boutique.com website (the “Site”) and the contents of the Fit Therapist video are provided for informational, promotional and entertainment purposes only, and should not be construed as professional advice on any matter. The Fit Therapist is a fictional character created by Beloved Star, LLC to enhance the user’s experience for purchases on this Site.  While the Fit Therapist offers suggestions based the Site creator’s personal experiences and research, the content is not intended to constitute medical advice.  

THE INFORMATION AND ADVICE WE MAY OFFER VIA THIS SITE AND THROUGH ANY VIDEOS THEREON MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITE AND TO THE INFORMATION THEREIN. BELOVED STAR, LLC MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. ANY ADVICE, SERVICES OR PRODUCTS RECEIVED VIA THE BELOVED STAR, LLC SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, PROFESSIONAL, MEDICAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SPECIFIC SITUATION. BELOVED STAR, LLC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SERVICES AND PRODUCTS CONTAINED OR DESCRIBED WITHIN THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

The content on the Site, including text, graphics, photos, sounds, music, videos, etc. (“Content”) and the trademarks, service marks and logos contained therein, are owned by Beloved Star, LLC, subject to copyright and other intellectual property rights under the law.  Content on the Site is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of Beloved Star, LLC.

© 2010 by Beloved Star, LLC.   All rights reserved.  [www.fx4boutique.com, fit + form + function + fashion, flask, funnel, hourglass, beaker and test tube body types] are trademarks of Beloved Star, LLC.