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Your use of The Weight Loss Index is subject to these Terms of Use (these "Terms"). We may modify these Terms at any time without notice to you by posting revised Terms on our sites. Your use of our sites constitutes your binding acceptance of these Terms, including any modifications that we make.
Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Services;
2. Change, suspend or discontinue all or any part of our Services;
3. Refuse, move or remove any material that you submit to our sites for any reason;
4. Refuse, move, or remove any content that is available on our sites;
5. Deactivate or delete your accounts and all related information and files in your account;
6. Establish general practices and limits concerning use of our sites
You agree that we will not be liable to you or any third party for taking any of these actions.
Copyright Notice
All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content or our sites in whole or in part.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available on our sites. You certify that you own all intellectual property rights to such material. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, distribute, display, transfer, and publish the materials that you submit on our site.
Content
We do not guarantee the accuracy, integrity or quality of the content on our sites. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Third Party Sites
Our sites contains links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third party content or a link to a third party site is not an endorsement of that content or third party site. Your correspondence or related activities with third parties, including payment transactions and goods delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints or claims related to any product or service should be directed to the appropriate vendor.
User's Warranties and Representations
The User hereby represents, warrants and covenants that the use of the Site by the User has not and shall not violate any applicable local, national or international law, including, without limitation, any regulations having the force of law. The User hereby covenants not to impersonate another person in the use of the Site or the sending of any email to an address listed on the Site. You agree that you will not use our sites to take any of the following actions:
1. Defame, abuse, harass, stalk, threaten or otherwise violate
the legal right of others;
2. Publish, post, upload, email, distribute or disseminate (collectively,
"Transmit") any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any
other similar software or programs that may damage or adversely
affect the operation of another person's computer, our sites, any
software or hardware, or telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial
purpose unless you have our written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited
advertising or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know, cannot
be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source
of software or other material;
8. Restrict or inhibit any other user from using and enjoying any
public area within our sites;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our sites, servers or networks;
11. Impersonate any person or entity, including, but not limited
to, a representative of The Weight Loss Index, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
12. Forge headers, manipulate identifiers or other data in order
to disguise the origin of any content transmitted through our sites,
or to manipulate your presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately
large load on our infrastructure.
14. Engage in any illegal activities
Unauthorized access to our sites is a breach of these Terms and
a violation of the law. You agree not to use any automated means,
including, without limitation, agents, robots, scripts, or spiders,
to access, monitor or copy any part of our sites except those automated
means that we have approved in advance. Indemnification You hereby
agree to indemnify, defend and hold The Weight Loss Index, and all
of our officers, directors, owners, employees, agents, information
providers, affiliates, partners and licensors harmless from and
against any and all liability, losses, costs and expenses (including
attorneys' fees) incurred in connection with any claim including,
but not limited to, claims for defamation, violation of rights of
publicity and/or privacy, copyright infringement or trademark infringement
arising out of: 1. Your use of our sites; 2. Any use or alleged
use of your accounts or your passwords by any person, whether or
not authorized by you; 3. The content, quality or performance of
content that you submit to our sites; 4. Your connection to our
sites; 5. Your violation of these Terms; or 6. Your violation of
the rights of any other person or entity. We reserve the right,
at our own expense, to assume the exclusive defense and control
of any matter for which you are required to indemnify us and you
agree to cooperate with our defense of these claims. Disclaimers
We disclaim any responsibility for the deletion, failure to store,
mis-delivery, or untimely delivery of any information or material.
We disclaim any responsibility for any harm resulting from downloading
or accessing any information or material on the Internet using search
results from our sites. We disclaim any responsibility for service
outages that are caused by our maintenance on the servers or the
technology that underlies our sites, failures of our service providers
(including telecommunications, hosting and power providers) computer
viruses, natural disasters or other destruction or damage of our
facilities, an act of nature, war, civil disturbance or other cause
beyond our reasonable control WE DO NOT WARRANT THAT OUR SITES WILL
BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY
WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT
ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL
THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE
AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE
NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL
MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU
PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR
PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO OUR SITES, ANY CONTENT OR ANY OUR SERVICES, TOOLS, PRODUCTS OR
PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SITES AND THE ACCURACY
OR COMPLETENESS OF ITS CONTENT. NONE OF OUR PARTNERS SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES
DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY
AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE
AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Miscellaneous We may be required by state or federal law to notify
you of certain events. You hereby acknowledge and consent that such
notices will be effective upon our posting them on our sites. You
agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of our
sites or these Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred. Governing Law
The laws of the State of Texas, USA applicable therein shall govern
as to the interpretation, validity and effect of this Agreement
notwithstanding any conflict of laws provisions or the User's domicile,
residence, or physical location. The User hereby consents and submits
to the non-exclusive jurisdiction of the courts of the State of
Texas in any action or proceeding instituted under or related to
this Agreement. General This Agreement sets forth the entire agreement
between you and The Weight Loss Index in respect of the Site and
its contents and supersedes all prior agreements, whether written
or oral, with respect to the subject matter hereof. If any provision
of this Agreement is held to be invalid or unenforceable, such provision
shall be struck from these Terms and Conditions and the remaining
provisions shall remain in full force and effect. Any failure by
The Weight Loss Index to enforce any provision of this Agreement
will not constitute a waiver of our right to subsequently enforce
such provision or any other provision of this Agreement. This Agreement
shall endure to the benefit of and be binding upon each of us and
our respective successors and permitted assigns. If you want us
to get in touch with you, fill out our Contact Form, with any comments
or ideas you have, in the Contact Us section of this Web site.
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