TERMS AND CONDITIONS OF USE
Welcome to our website. This
site is maintained as a service to our customers. By using this site,
you agree to comply with and be bound by the following terms and
conditions of use. Please review these terms and conditions carefully.
If you do not agree to these terms and conditions, you should not use
this site.
1.
Agreement. This Agreement (the “Agreement'”) specifies
the Terms and Conditions for access to and use
of www.wintheweight.com (the “Site'”) and describe the
terms and conditions applicable to your access of and use of the Site.
This Agreement may be modified at any time by [name of website
operator] upon posting of the modified agreement. Any such
modifications shall be effective immediately. You can view the most
recent version of these terms at any time at www.wintheweight.com.
Each use by you shall constitute and be deemed your unconditional
acceptance of this Agreement.
2. Intellectual Property Ownership.
(a) Our Content. All content included on this site is and shall
continue to be the property of www.wintheweight.com or its content
suppliers and is protected under applicable copyright, patent,
trademark, and other proprietary rights. Any copying, redistribution,
use or publication by you of any such content or any part of the Site
is prohibited without express permission by www.wintheweight.com. Under
no circumstances will you acquire any ownership rights or other
interest in any content by or through your use of this site.
[Trademark] is the trademark or registered trademark of
www.wintheweight.com. Other product and company names mentioned on this
Site may be trademarks of their respective owners.
(b) User Supplied Content. By accessing our forum, bulletin board, chat
room, or any other user interactive area of our site, and placing any
information in any of those areas, you hereby grant us a perpetual,
irrevocable, royalty free license in and to such materials, including
but not limited to the right to post, publish, transmit, distribute,
create derivative works based upon, create translations of, modify,
amend, enhance, change, display and publicly perform such materials in
any form or media, whether now known or later discovered. You also
grant to others who access the forum, bulletin board, chat room or any
other user interactive area of our site a perpetual, non-revocable,
royalty free license to view, download, store and reproduce your
postings but such license is limited to the personal use and enjoyment
of such other party.
(c) Personal Use. www.wintheweight.com grants you a
limited, revocable, nonexclusive license to use this site solely for
your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works, or other
use. You agree not to copy materials on the site, reverse engineer or
break into the site, or use materials, products or services in
violation of any law. The use of this website is at the discretion of
www.wintheweight.com and www.wintheweight.com may terminate your use of
this website at any time.
(d) Other Uses. All other use of Content from the Site, including, but
not limited to uploading, downloading, modification, publication,
transmission, participation in the transfer or sale of, copying,
reproduction, republishing, creation of derivative works from,
distribution, performance, display, incorporation into another web
site, reproducing the Site (whether by linking, framing or any other
method), or in any other way exploiting any of the Content, in whole or
in part, is strictly prohibited without www.wintheweight.com prior
express written consent.
3. Disclaimers.
(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED
ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU AGREE
THAT USE OF THIS SITE IS AT YOUR SOLE RISK. www.wintheweight.com
DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY
EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES
OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE
OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
FURTHERMORE,
www.wintheweight.com DOES NOT WARRANT THAT USE OF THE SITE WILL
BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. www.wintheweight.com , ITS
SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR
THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION
OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE SITE. USE OF THE SITE'S SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU
COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF
SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF LIABILITY. www.wintheweight.com SHALL NOT BE
RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY
CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH
MAY BE INCURRED IN CONNECTION WITH www.wintheweight.com OR THE
SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED
THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR INFORMATION
PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE TYPE
OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF
www.wintheweight.com HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGE OR LOSS.
(c) EARNINGS DISCLAIMERS. The information presented
in this Website is intended to be for your educational and
entertainment purposes only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get rich.
Before
embarking on any endeavor, please use caution and seek the advice your
own personal professional advisors, such as your attorney and your
accountant.
Where income figures are mentioned (if any), those
income figures are anecdotal information passed on to us concerning the
results achieved by the individual sharing the information. We have
performed no independent verification of the statements made by those
individuals. Please do not assume that you will make those same income
figures.
Please do not construe any statement in this website as
a claim or representation of average earnings. There are NO average
earnings. Testimonials and statements of individuals are not to be
construed as claims or representations of average earnings. We cannot,
do not, and will not make any claims as to earnings, average, or
otherwise.
Success in any endeavor is based on many factors
individual to you. We do not know your educational background, your
skills, your prior experience, or the time you can and will devote to
the endeavor.
Please perform your own due diligence before
embarking on any course of action. Follow the advice of your personal
qualified advisors.
There are risks in any endeavor that are not suitable for everyone. If you use capital, only "risk" capital should be used.
There
is no guarantee that you will earn any money using any of the ideas
presented in our in materials. Examples in our materials are not to be
interpreted as a promise or guarantee of earnings. Many factors
will be important in determining your actual results and no guarantees
are made that you will achieve results similar to ours or anybody
else’s. No guarantee is made that you will achieve any result at
all from the ideas in our material.
You agree that we will not
share in your success, nor will we be responsible for your failure or
for your actions in any endeavor you may undertake.
Please understand that past performance cannot be an indication of possible future results.
Materials
in our product and our website may contain information that includes or
is based upon forward-looking statements within the meaning of the
securities litigation reform act of 1995. Forward-looking statements
give our expectations or forecasts of future events. You can identify
these statements by the fact that they do not relate strictly to
historical or current facts. They use words such as
“anticipate,” “estimate,” “expect,”
“project,” “intend,” “plan,”
“believe,” and other words and terms of similar meaning in
connection with a description of potential earnings or financial
performance. Any and all forward looking statements in our materials
are intended to express our opinion of earnings potential. They are
opinions only and should not be relied upon as fact.
4. Terms Relating to User Supplied Site Content.
(a) Participate at Your Own Risk. You enter and participate in our
forum, bulletin board, chat room, or any other user interactive area of
our site, and gain access to the materials contained thereon at your
own risk.
(b) No Monitoring. We do not monitor or screen communications on our
forum, bulletin board, chat room, or any other user interactive area of
our site and we are not responsible for any material that any of our
forum, bulletin board, chat room, or any other user interactive area of
our site participant posts and we do not assume the responsibility to
do so. In the event that we are notified by any party that any
communications contained in our forum, bulletin board, chat room, or
any other user interactive area of our site is contrary to these terms,
we may, but are not obligated to, investigate the situation and
determine in our own discretion, whether to remove such communication
from our forum, bulletin board, chat room, or any other user
interactive area of our site. We have no liability or
responsibility to investigate or remove any content from our forum,
bulletin board, chat room, or any other user interactive area of our
site based upon a complaint or otherwise.
(c) Your Reliance at Your Risk. We do not make any representations or
warranties as to the truth or accuracy of any statement made or
materials posted on or through our forum, bulletin board, chat room, or
any other user interactive area of our site. You agree and
acknowledge that you assume the risk of any actions you take in
reliance upon the information that may be contained in our forum,
bulletin board, chat room, or any other user interactive area of our
site.
(d) No Endorsement. We do not endorse or lend any credence for any
statements that are made by any participant in our forum, bulletin
board, chat room, or any other user interactive area of our site. Any
opinions or views expressed by our forum, bulletin board, chat room, or
any other user interactive area of our site participants are their
own. We do not endorse or support or otherwise give any credence
or reason for reliance on any such statements or opinions.
(e) You are Responsible. You are fully responsible for your own
statements and materials that you post in our forum, bulletin board,
chat room, or any other user interactive area of our site and any
consequences, whether or not foreseen, to any party who may rely upon
these statements. You agree that you will not take any action
directed towards attempting to hold us responsible for any such
materials or statements.
(f) Removal of Material. As a participant in our forum, bulletin board,
chat room, or any other user interactive area of our site, you agree
that we may remove any materials from our forum, bulletin board, chat
room, or any other user interactive area of our site for any reason, in
our sole discretion, or for no reason at all. This includes
material which is disruptive, abusive, offensive, illegal, vulgar,
pornographic, or any other material. You hold us harmless from
and against any damage you or others may suffer as a result of our
removal of any content from our forum, bulletin board, chat room, or
any other user interactive area of our site or from the discontinuance
of our forum, bulletin board, chat room, or any other user interactive
area of our site at any time.
(g) Right to Expel. We have the right to remove, expel, or disqualify
any party from participation and access to our forum, bulletin board,
chat room, or any other user interactive area of our site for any time
and for any reason, or for no reason whatsoever, in our sole and
absolute discretion. This includes, but is not limited to any
violation of this agreement, disruptive behavior, complaints from other
parties, any allegedly illegal activity, or for any other reason or for
no reason at all.
(h) Right to Terminate. We reserve the right to terminate our forum,
bulletin board, chat room, or any other user interactive area of our
site at any time and all users hold us harmless from and against any
claims, damages, suits, threats, demands, liabilities, actions, causes
of action, or injuries that may result therefrom, including but not
limited to any consequential, incidental, and special damages of every
nature and type.
(i) Prohibitions. You agree that you will not (1) use our forum,
bulletin board, chat room, or any other user interactive area of our
site for any illegal purpose, (2) place any material in our forum,
bulletin board, chat room, or any other user interactive area of our
site that violates the copyrights, trademarks, trade secrets,
confidential information or other rights of any other party, (3) place
any material in our forum, bulletin board, chat room, or any other user
interactive area of our site that contains a false statement about any
person, infringes upon the privacy rights of any other person, or
threatens, harasses, abuses or embarrasses any other person, (4) place
any obscene, pornographic, sexually explicit or violent materials,
graphics, photographs, text or otherwise in our forum, bulletin board,
chat room, or any other user interactive area of our site, (5) place
any advertising, attempted business solicitation, marketing materials
or sales promotional materials in our forum, bulletin board, chat room,
or any other user interactive area of our site, (6) pretend to be
another person that you are not, (7) place materials in our forum,
bulletin board, chat room, or any other user interactive area of our
site that are disruptive or off-topic.
(j) Hold Harmless and Indemnify. You hold us harmless from, and
indemnify us against, any and all claims for damages from third parties
arising from your participation, use or conduct in our forum, bulletin
board, chat room, or any other user interactive area of our site.
5. Miscellaneous.
(a) Prohibition Against Data Mining. You are
prohibited from data mining, scraping, crawling, email harvesting or
using any process or processes that send automated queries to the
www.wintheweight.com Web site. You may not use the www.wintheweight.com
Web site to compile a collection of listings, including a competing
listing product or service. You may not use the Site or any Materials
for any unsolicited commercial e-mail.
(b) Intended Audience. This website is intended for adults only.
This website is not intended for any children under the age of 18.
(c) Compliance with Laws. You agree to comply with all applicable
laws regarding your use of the website. You further agreed that
information provided by you is truthful and accurate to the best of
your knowledge.
(d) Indemnification. You agree to indemnify, defend and hold
www.wintheweight.com and our partners, employees, and affiliates,
harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement
or use of the Site.
(e)
Privacy. Your visit to our site is also governed by our Privacy
Policy. Please review our Privacy Policy at [website address].
www.wintheweight.com reserves the right, and you authorize us, to use
and assign all information regarding site uses by you and all
information provided by you in any manner consistent with our Privacy
Policy.
(f) DMCA Notice. If you believe your work has been copied in a way that
constitutes copyright infringement, please provide a notice containing
all of the following information to our Copyright Agent:
(1) An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on the Site;
(4) Your address, telephone number, and e-mail address;
(5) A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law; and
(6) A statement
by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Our
Copyright Agent for Notice of claims of copyright infringement on the
Site is www.wintheweight.com, who can be reached as follows:
(g) Applicable Law. You agree that the laws of the state of
_________________, without regard to conflicts of laws provisions will
govern these Terms and Condition of Use and any dispute that may arise
between you and www.wintheweight.com or its affiliates. Venue shall be
in [name of county].
(h) Arbitration. As part of the consideration that www.wintheweight.com
requires for viewing, using or interacting with this website, you agree
to the use of binding arbitration for any claim, dispute, or
controversy of any kind (whether in contract, tort or otherwise)
arising out of or relating to this website. Arbitration shall be
conducted pursuant to the rules of the American Arbitration Association
which are in effect on the date a dispute is submitted to the American
Arbitration Association. Information about the American
Arbitration Association, its rules, and its forms are available from
the American Arbitration Association, 335 Madison Avenue, Floor 10, New
York, New York, 10017-4605. Hearing will take place in the city
or county of www.wintheweight.com. In no case shall you have the right
to go to court or have a jury trial. You will not have the right
to engage in pre-trial discovery except as provided in the rules; you
will not have the right to participate as a representative or member of
any class of claimants pertaining to any claim subject to arbitration;
the arbitrator's decision will be final and binding with limited rights
of appeal. The prevailing party shall be reimbursed by the other party
for any and all costs associated with the dispute arbitration,
including attorney fees, collection fees, investigation fees, and
travel expenses.
(i)
Severability. If any provision of this Agreement shall be adjudged
by any court of competent jurisdiction to be unenforceable or invalid,
that provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement will otherwise remain in full force
and effect.
(j) Termination.
www.wintheweight.com may terminate this Agreement at any time, with or
without notice, for any reason.
(k) Contact Information.
HOW TO CONTACT US:
www.wintheweight.com/contact.htm
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