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 Losing-Weight-Now.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 the
Losing-Weight-Now.com webmaster 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.Losing-Weight-Now.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 Losing-Weight-Now.com, a property of
www.KingWebhost.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
of Losing-Weight-Now.com. Under no circumstances will you acquire any
ownership rights or other interest in any content by or through your use
of this site. Losing-Weight-Now.com is the trademark or registered
trademark of Losing-Weight-Now.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. Losing-Weight-Now.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 Losing-Weight-Now.com and
Losing-Weight-Now.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 Losing-Weight-Now.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. Losing-Weight-Now.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, Losing-Weight-Now.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.
Losing-Weight-Now.com, KingWebhost.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. Losing-Weight-Now.com and KingWebhost.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 Losing-Weight-Now.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
Losing-Weight-Now.com HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR
LOSS.
(c) WEIGHT LOSS 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 weight loss endeavor, or diet, please use
caution and seek the advice your own personal physician.
Where statements are made regarding weight loss, any
figures given are anecdotal information passed on to us concerning
results achieved by other individuals. We have performed no
independent verification of the statements made by those individuals.
Please do not assume that you will have the exact same results. We
cannot make any guarantees like that.
Please do not construe any statement in this website as a claim or
representation of average weight loss. There is no average weight loss.
Testimonials and statements of individuals are not to be construed as
claims or representations of average weight loss. We cannot, do not, and
will not make any claims as to weight loss, 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 and
doctors.
There are risks in any endeavor that are not suitable for everyone.
Please consult your personal doctor.
There is no guarantee that you will lose any weight 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 successful weight loss.
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 there from, 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 Losing-Weight-Now.com Web
site. You may not use the Losing-Weight-Now.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
Losing-Weight-Now.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
http://Losing-Weight-Now.com/privacy.html
Losing-Weight-Now.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 _________________, who can be reached as follows:
By Mail: _________________
By Phone: _________________
By e-mail: _________________
(g) Applicable Law. You agree that the laws of the state of
Pennsylvania, without regard to conflicts of laws provisions will govern
these Terms and Condition of Use and any dispute that may arise between
you and Losing-Weight-Now.com or its affiliates. Venue shall be in Tioga
County.
(h) Arbitration. As part of the consideration that Losing-Weight-Now.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 Losing-Weight-Now.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. Losing-Weight-Now.com may terminate this Agreement at
any time, with or without notice, for any reason.
(k) Contact Information.
HOW TO CONTACT US:
admin @ Losing-Weight-Now.com
or visit our
helpdesk
