America Sunshine, LLC d/b/a Intima
Terms And Conditions Of Service
And Agreement To Arbitrate Disputes
Last update: January 20, 2023
Please make sure you fully read and understand these terms and keep them for future reference. These terms include a waiver of your right to participate in class or representative actions and an agreement to resolve disputes by arbitration on an individual basis. Please refer to Section 9 for additional details.
1. Binding AgreementThis constitutes a binding agreement (“Terms,” “Terms of Use,” or “Agreement”) between You and America Sunshine, LLC, d/b/a Intima a Florida limited liability company (“America Sunshine,” “Us,” “We,” or the “Company”).
2. Scope Of AgreementThese Terms apply to your relationship with, and all services provided by, America Sunshine and its partners, affiliates, brands or associated entities, including but not limited to those where information is collected from or about You, or where data from or about You is used (“Services”). Services also include information and transactions occurring over the phone, and digital services provided through the Internet website located at
www.intimausa.com (the “Website” or “Site”), applications or software provided online or in conjunction with the Website, and electronic and telephonic communications sent to You by America Sunshine (collectively, “Digital Services”). These Terms also apply with respect to Your purchase, use, distribution, and resale of products from America Sunshine (“Products”), including but not limited to your interactions with America Sunshine relating to the request of its catalogs.
3. Acceptance Of TermsYour acceptance of the Terms in this Agreement begins when You take the earliest of any of the following actions: (i) Requesting a catalog online or over the phone; (ii) receiving the Terms from America Sunshine or being notified of the Terms in connection with a transaction; (iii) signing up for an account with America Sunshine; (iv) giving America Sunshine a written or electronic acceptance of the Terms, including but not limited to by clicking “I accept” or otherwise signifying acceptance; or (v) telling America Sunshine orally that You accept the Terms.
4. Availability Of TermsThis Agreement is published on the Company’s Website. To access it, visit the Website, and click on the “Terms and Conditions” hyperlink at the bottom of the page, or visit en.intimausa.com/pages/terminos-y-condiciones (for Terms in English) or sp.intimausa.com/pages/terminos-y-condiciones (for Terms in Spanish). You may also elect to receive a printed copy of this Agreement by contacting America Sunshine at 1-877-426-2627 and requesting to speak with a supervisor.
5. Changes To Terms Of Use
The Company may modify these Terms of Use from time to time in its sole and absolute discretion and with or without notice to You of such modification. If We do this, We will post the amended Terms on the Website page and indicate at the top of the page the date the Agreement was last revised. Your continued use of our Products or Services after any such changes constitutes Your acceptance of the new Terms of Use. It is Your responsibility to review these Terms of Use periodically, and if at any time You find these Terms of Use unacceptable, do not use or distribute (or continue to use or distribute) the Products or Services.
6. Communications Between America Sunshine And You a. General: By agreeing to these terms, You expressly consent to and authorize America Sunshine and its affiliates, agents, and its third-party representatives to use written, electronic or verbal means to contact You for any reason, including relating to information about America Sunshine’s Services and Products, and marketing of any kind, including offers, solicitations, and promotions. This consent includes, but is not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text messages, emails and/or automatic telephone dialing systems. You agree that America Sunshine and its affiliates, agents, and its third-party representatives may, now or in the future, use any email address or the telephone number that You are assigned for America Sunshine’s services, to contact You for any reason, regardless of whether You incur charges as a result.
b. Text Messaging: By agreeing to these Terms, You agree that America Sunshine and those acting on its behalf may send You text (SMS) messages at the phone number You provided Us. These messages may include operational messages about Your use of the Products or Services, as well as marketing or other promotional messages. Furthermore, messages from America Sunshine, its affiliated companies and necessary third-party service providers, may include but are not limited to: operational communications concerning Your User account or use of the Products or Services, updates concerning new and existing features or opportunities from America Sunshine, communications concerning promotions run by Us or our third-party partners, and news concerning America Sunshine and industry developments. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. Your agreement to receive promotional text messages is not a condition of any purchase or service offered by America Sunshine. If You change or deactivate the phone number You provided to America Sunshine, You must update Your account information to help prevent Us from inadvertently communicating with 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. Opting Out of Text Messages: You may opt out of receiving promotional text messages from America Sunshine at any time by replying STOP to a promotional text message from America Sunshine. You may opt out of receiving all text messages from America Sunshine at any time by deleting Your account or by replying STOP to any text message from America Sunshine. NOTE: 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 the receipt of Your opt-out request.
d. Opting Back In To Receiving Text Messages: If You previously elected to opt out of receiving promotional text messages from America Sunshine, You may opt back into receiving text messages from America Sunshine at any time by replying START to a text message from America Sunshine.
e. Email:You agree that We may send You emails concerning Our Products and Services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
7. IndemnificationYou agree to indemnify and hold harmless America Sunshine from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties including the costs, expenses, and attorneys’ fees on account thereof resulting from Your use, distribution, or resale of a America Sunshine Product or Service, whether based in contract or tort (including strict liability) and regardless of the form of action.
8. Limitation Of LiabilityTo the extent permitted by law, You and We each agree to limit claims for damages or other monetary relief against each other to direct and actual damages or statutory damages, regardless of the theory of liability. This means that neither of us will seek any indirect, special, consequential, treble, or punitive damages from the other, nor will either of us be entitled to recover such damages. This limitation and waiver also applies to any claims You may bring against any other party to the extent that We would be required to indemnify that party for such claim. You agree We are not liable for problems caused by You or a third party, or by any act of nature. Applicable law may not allow the limitation of liability, implied warranties or the exclusion or limitation of certain damages set forth above, so this limitation of liability may not apply to You. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of America Sunshine under such circumstances shall be limited to the total amount which You have paid to America Sunshine, in exchange for Products and Services or otherwise, during the six month period prior to the date of the event giving rise to Your claim(s) against America Sunshine.
9. Dispute Resolution - Agreement To Arbitrate DisputesMany customer concerns can be resolved quickly and to the customer’s satisfaction by contacting America Sunshine’s customer service department at 1-877-426-2627 and requesting to speak with a supervisor. Before taking any formal action, You agree to first contact Us and provide 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 notice 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 dispute to: legal@intimausa.com
a. Agreement to Arbitrate Disputes: This section of the Agreement shall be referred to as the “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 will be governed by the laws of the State of Florida together 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 reflect a new effective date. The operative version of the Agreement to Arbitrate Disputes is the version that applied or applies at the time You accepted the Agreement to Arbitrate Disputes as defined in Section 9(b) below.
b. Time of Acceptance of Agreement to Arbitrate Disputes:Your agreement with America Sunshine to arbitrate disputes starts when You accept the America Sunshine Terms and Conditions Of Service. You accept the America Sunshine Terms and Conditions Of Service by taking the earliest of any of the following actions: (i) Requesting a catalog online or over the phone; (ii) receiving the Terms from America Sunshine or being notified of the Terms in connection with a transaction; (iii) signing up for an account with America Sunshine; (iv) giving America Sunshine a written or electronic acceptance of the Terms, including but not limited to by clicking “I accept” or otherwise signifying acceptance; or (v) telling America Sunshine orally that You accept the Terms.
c. Effect of Acceptance: Once accepted, this Agreement to Arbitrate Disputes applies to all disputes involving You and America Sunshine regardless of when the circumstances giving rise to the dispute occurred, including after the termination of Your use of any America Sunshine Service or Product. The Agreement to Arbitrate Disputes remains effective even if You stop purchasing, using, distributing, or reselling Our Products or Services. If You have any questions, contact America Sunshine’s Customer Service Department at 1-877-426-2627 and request to speak with a supervisor to have Your questions answered.
d. Binding Arbitration: Please read this section carefully as it affects rights that You may otherwise have. This Agreement requires the use of individual arbitration rather than jury trials or class actions to resolve disputes and claims (including ones that already are the subject of litigation). Arbitration is more informal than litigation because it uses a neutral arbitrator instead of a judge or jury and allows for less discovery and less appellate review than 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 Product. You agree that You are aware that there is no judge or jury in arbitration but that an arbitrator may award You the same damages and relief that You may be able to recover in a court of law subject to the limitation of liability in Section 8 of this Agreement. You and America Sunshine further agree that the arbitrator must honor the terms of this Agreement. Notwithstanding the foregoing, provided that such action is within the governing jurisdictional limitations, either party may bring a claim on an individual basis only in small claims court or the small claims division of a court of appropriate jurisdiction.
e. Claims Covered by Agreement to Arbitrate Disputes. This Agreement to Arbitrate Disputes governs all claims or disputes between You and America Sunshine with no exceptions, including any claims that relate to conduct that pre-dates the Effective Date of this Agreement. References to You and America Sunshine include our respective suppliers, vendors, or their respective subsidiaries, officers, agents, partners, employees or consultants, predecessors in interest, successors, and assigns. This Agreement to Arbitrate Disputes includes but is not limited to any and all claims for relief and theories of liability, between You and America Sunshine, whether based in contract, tort, fraud, negligence, regulation or ordinance; claims for relief under any state or federal statutes, including but not limited to the federal and any state analogs of the Telephone Consumer Protection Act (for example, the Florida Telephone Solicitation Act), the 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 interactions between You and America Sunshine, and/or claims arising from or related to Your contract with America Sunshine. If there is a final judicial determination that applicable law precludes enforcement of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in a court of law, in which case You agree that the venue for litigating such claim shall be either Broward County, Florida, or your county of residence but only to the extent that you reside in Florida.
f. Severance: If any term of this Agreement to Arbitrate Disputes is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms herein shall remain in full force and effect.
g. Delegation Provision:You and America Sunshine agree that the Arbitrator shall have the power to rule on his or her own jurisdiction, the existence, scope, validity and arbitrability of this Agreement. This Delegation Provision shall be deemed a contract entered into under the laws of the State of Florida and will be governed by the laws of the State of Florida together with the Federal Arbitration Act. Your agreement with America Sunshine to be bound by this Delegation Provision starts when You Accept the America Sunshine Terms and Conditions of Service.
h. Single Arbitrator: Claims shall be heard by a single arbitrator.
i. No Class Action In Arbitration: You and America Sunshine agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, You and America Sunshine 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 dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
j. AAA Rules:The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Agreement. The AAA Rules are available online at
www.adr.org, or by calling the AAA a 1-800-778-7879.
k. Interpretation of Agreement to Arbitrate Disputes: You and America Sunshine agree that use, distribution, or resale of America Sunshine Services or Products evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the laws of the State of Florida, the Federal Arbitration Act and federal arbitration law.
l. Payment of Fees in Arbitration: (i) For claims that You bring against America Sunshine: Absent a finding that Your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), if You initiate an arbitration in which You seek no more than $5,000 in damages, America Sunshine will pay the filing, administration, and arbitrator fees of an arbitration initiated in accordance with this Agreement to Arbitrate Disputes, with the exception that You are responsible for the first $100 in filing fees of an arbitration initiated in accordance with this Agreement to Arbitrate Disputes If You prevail at arbitration, You will receive Your $100 share of the filing costs from America Sunshine. If, however, the arbitrator does deem that Your demand was frivolous, was brought for an improper purpose, or was malicious, payment of all fees will be determined in accordance with AAA Rules. If You initiate an arbitration in which You seek more than $5,000 in damages, the payment of fees will be governed by the AAA rules. (ii) For claims that America Sunshine brings against You, the payment of fees will be governed by the AAA rules.
m. Location of Arbitration: Unless You and America Sunshine agree otherwise and subject to final determination by the arbitrator, the default location for the arbitration proceedings shall be Broward County, Florida, but the arbitration proceedings may alternatively be conducted telephonically or via video conference if you agree. Either or both parties may participate in the proceedings by videoconference (e.g., Zoom) or telephone.
n. Governing Law in Arbitration Proceeding: The arbitrator shall apply the laws of the State of Florida to the substantive issues at issue in the dispute. Notwithstanding anything to the contrary, the arbitrator shall apply the laws of the State of Florida and the Federal Arbitration Act to interpret and enforce this Agreement to Arbitrate Disputes and each of its provisions, including with regard to any issues over acceptance of the terms of the Agreement to Arbitrate Disputes. Judgment on the award rendered may be entered by any court of competent jurisdiction.
o. Disclosure With Consent of Both Parties. Except as may be required by law, such as through a petition to confirm or a petition 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. This means that unless We make any changes to the Agreement to Arbitrate Disputes, You will have only one opportunity to opt out of arbitration of any claim between You and America Sunshine. If We make changes to this Agreement to Arbitrate Disputes, You will then have the right to opt out within 30 days of those changes. You may exercise this right to opt out of this Agreement to Arbitrate Disputes by Writing to Us at America Sunshine, at legal@intimausa.com. Your letter to Us must indicate 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 mailed, postmarked after the opt-out deadline) will be invalid, and You must pursue any claims or dispute against America Sunshine (as defined in Section 9 of this Agreement) in arbitration.
10. Class Action Waiver If Dispute Is Brought In CourtIf for any reason the Agreement to Arbitrate Disputes is deemed inapplicable or invalid, or to the extent the Agreement to Arbitrate Disputes allows for litigation of disputes in court, or if any claims between You and America Sunshine are litigated in court for any reason, You and America Sunshine waive to the fullest extent permitted by law: (i) any right to pursue any claims on a class or consolidated basis, and (ii) Your right to serve in a representative capacity in any class or consolidated basis. If this Class Action Waiver is deemed to any extent invalid, illegal, or incapable of being enforced, it shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms of this Agreement hereof remain in full force and effect.
11. Governing LawThis Agreement shall be construed under Florida law, without regard to the state’s choice of law rules, except for the Agreement to Arbitrate Disputes contained in this Agreement, which will be governed by the Federal Arbitration Act and Florida law, as provided in Section 9 of this Agreement.
12. Entire AgreementThis Agreement constitutes the entire Agreement between You and America Sunshine. The failure of either party to enforce any of the terms set forth herein shall not be construed to be a waiver of any such terms nor in any way affect the validity and enforceability of these Terms. No waiver of a breach of any term shall be deemed a waiver of any other or subsequent breach of a term.
13. SeveranceIn the event any provision contained in this Agreement is deemed unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
