PLEASE READ THE FOLLOWING
TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE
CAREFULLY.
By using our Website, you agree to these Terms and
Conditions of Use ("Terms & Conditions").
We reserve the right, in our sole discretion, to change,
modify, add or remove portions of these Terms &
Conditions at any time. You should check these Terms
& Conditions periodically for changes. By using
this Website after we post any changes to these Terms
& Conditions, you agree to accept those changes,
whether or not you have reviewed them. If you do not
agree to these Terms & Conditions, you should
not use our Website and, if applicable, you should
arrange to cancel your registered user account or
subscription with us.
1. Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions
apply to your use of the websites which are owned
or operated by Service to Self, LLC. ("servicetoself.com")
and our affiliates (collectively, "we,"
"us," or "our"), including, without
limitation, this website and any other website that
we may own or operate currently or in the future (http://wintention.ning.com/).
For purposes of these Terms & Conditions, "affiliates"
shall mean any entity or person, directly or indirectly,
owning a controlling interest in, owned by, or under
common ownership control with, www.servicetoself.com,
including, without limitation, Service To Self, LLC.
("Service to Self") and its subsidiaries.
2. Terms & Conditions - In General
By using this Website, you agree to be legally bound
and to abide by these Terms & Conditions, just
as if you had signed this agreement. If you do not
comply with these Terms & Conditions at any time,
we reserve the right, if applicable, to terminate
your password, user account, and/or access to this
Website (or any part thereof). In our sole discretion
and without prior notice or liability, we may discontinue,
modify or alter any aspect of the Website, including,
but not limited to, (i) restricting the time the Website
is available, (ii) restricting the amount of use permitted,
(iii) restricting or terminating any user's right
to use the Website, and (iv) changing the refund/exchange/cancellation
or applicable warranty policies.All sales are final.You
agree that any termination or cancellation of your
access to, or use of, the Website may be effected
without prior notice. If you do not abide by the provisions
of these Terms & Conditions, except as we may
otherwise provide from time to time, you agree that
we may immediately deactivate or delete your user
account and all related information and files in your
user account and/or bar any further access to such
information and/or files, or our Website. Further,
you agree that we shall not be liable to you or any
third-party for any termination or cancellation of
your access to, or use of, our Websites.
From time to time, we may supplement these Terms &
Conditions with additional terms and conditions pertaining
to specific content, activities or events ("Additional
Terms"). Such Additional Terms may be placed
on the Website to be viewed in connection with the
specific content, activities, features or events and
shall be identified as such. You understand and agree
that such Additional Terms are hereby incorporated
by reference into these Terms & Conditions.
3. Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive,
non-transferable, limited right to access, use and
display this Website and the material provided hereon
for your personal, noncommercial use, provided that
you comply fully with the provisions of these Terms
& Conditions. You acknowledge that this Website
contains information, software, photos, video, text,
graphics, music, sounds, questions, creative suggestions,
messages, comments, feedback, ideas, \ notes, drawings,
articles and other materials (collectively, "Content")
that are protected by copyrights, patents, trademarks,
trade secrets and/or other proprietary rights, and
that these rights are valid and protected in all forms,
media and technologies existing now or hereafter developed.
All Content is copyrighted under the United States
copyright laws (and, if applicable, similar foreign
laws), and we own a copyright in the selection, coordination,
arrangement and enhancement of such Content. All trademarks
appearing on this Website are trademarks of their
respective owners. Service to Self is the trade name
and the registered trademark and service mark of Service
to Self, LLC. Our commercial partners, suppliers,
advertisers, sponsors, licensors, contractors and
other third parties may also have additional proprietary
rights in the Content which they make available on
this Website. You may not modify, publish, transmit,
distribute, perform, participate in the transfer or
sale, create derivative works of, or in any way exploit,
any of the Content, in whole or in part. When Content
is downloaded to your computer, you do not obtain
any ownership interest in such Content. Modification
of the Content or use of the Content for any other
purpose, including, but not limited to, use of any
Content in printed form or on any other website or
networked computer environment is strictly prohibited
unless you receive our prior written consent.
4. Becoming a Registered User
There is no cost to become a registered user of our
Website's blog (www.weightreleaseblog.servicetoself.com)
or social networking site "Wintention"
( http://wintention.ning.com/). You do not have to
become a registered user to use these Websites. However,
if you do not register, you may be precluded from
using certain products, offerings, features, or resources
of our Website. If you elect to become a registered
user of our Website, you agree to provide us with
true, accurate and complete information about yourself
("Registered User Data"), and to maintain
and promptly update the Registered User Data and any
other information you provide to us, to keep it accurate.
Without limiting any other provision of these Terms
& Conditions, if you provide any information that
is untrue, inaccurate, or incomplete, or we have reasonable
grounds to suspect that such is the case, we reserve
the right to suspend or terminate your user account
and refuse any and all current or future use of our
Website (or any portion thereof). You agree not to
assign, transfer or sublicense your rights as a registered
user of this Website. You further agree not to register
for more than one account, create an account on behalf
of someone else, or create a false or misleading identity
on this Website.
5. Privacy
We are committed to protecting your privacy and security.
For more information, you should review our Privacy
Policy, which is incorporated into these Terms &
Conditions by this reference.
6. Community Standards and Conduct Guidelines
You acknowledge that all Content posted, emailed,
or otherwise transmitted to or on this Website, whether
posted at our request or voluntarily, and whether
publicly posted or privately transmitted (collectively,
the "Postings"), are the sole responsibility
of the person who made such Postings. This means that
you are entirely responsible for all Postings that
you post, email or otherwise transmit to this Website.
We do not control the Postings posted, emailed or
otherwise transmitted on our Website by others and,
as such, we do not guarantee the accuracy, integrity
or quality of such Postings. Although we have adopted
community standards and conduct guidelines for the
users of our Website (as described below), you understand
that by using this Website, you may be exposed to
Postings that are offensive or objectionable. Under
no circumstances will we be liable in any way for
any Postings (other than for Content developed by
us), including, but not limited to, for any errors
or omissions in any Postings, or for any loss or damage
of any kind incurred as a result of the use of any
Postings posted, emailed or otherwise transmitted
to or through this Website.
You agree not to use this Website (including any Community
Areas) to:
a. Upload, post, email or otherwise transmit any Postings
or other materials that are unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable
(in our sole discretion);
b. Harm minors in any way, or solicit or otherwise
attempt to gain any information from a minor;
c. Impersonate any person or entity, including, but
not limited to any user of this Website, a director,
officer, employee, shareholder, agent or representative
of Servicetoself.com, our affiliates or any other
person or entity, or falsely state or otherwise misrepresent
your affiliation with servicetoself.com, or our affiliates
or any other person or entity;
d. Forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Postings or
other materials transmitted to or through this Website;
e. Upload, post, email or otherwise transmit any Postings
or other materials that are not your own, or that
you do not have a right to upload, post, email or
otherwise transmit under any law or under contractual
or fiduciary relationships (such as insider information,
proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements);
f. Upload, post, email or otherwise transmit any Postings
or other materials that infringe upon any patent,
trademark, trade secret, copyright, right of privacy
or publicity or other proprietary rights of any party;
g. Upload, post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain
letters," "pyramid schemes," or any
other form of commercial solicitation, except in those
areas, if any, that are specifically designated for
such purpose;
h. Upload, post, email or otherwise transmit any Postings
or other materials that contain software viruses or
any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications
equipment;
i. Disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other users of a
Community Area (or other portion of this Website)
are able to type, or otherwise act in a manner that
negatively affects or otherwise diminishes the quality
of another user’s experience of this Website;
j. Interfere with or disrupt this Website or servers
or networks connected to this Website, or disobey
any requirements, procedures, policies or regulations
of networks connected to the Website;
k. Intentionally or unintentionally violate any applicable
local, state, national or international law, including,
but not limited to, any regulations having the force
of law;
l. "Stalk" or otherwise harass another user
or employee of this Website; or
m. Solicit, collect or post personal data or attempt
to solicit, collect or post personal data about other
users of the Website, including user names or passwords;
or Access or attempt to access another user’s
account without his or her consent;
Your privilege to use this Website and contribute
to discussions on the Community Areas depends on your
compliance with the community standards and conduct
guidelines set forth above. We may revoke your privileges
to use all or a portion of this Website and/or take
any other appropriate measures to enforce these community
standards and conduct guidelines if violations are
brought to our attention. Further, if you fail to
adhere to our community standards and conduct guidelines,
or any of these Terms & Conditions, we may terminate,
in our sole discretion, your use of, or participation
in our Websites (servicetoself.com and http://wintention.ning.com/)
Except as may otherwise be provided in our Privacy
Policy, all Community Area communications, including,
but not limited to, chat, message board, blog, groups,
and profile communications, are public and not private
communications. We reserve the right to monitor some,
all, or no areas of this Website (including any Community
Area) for adherence to the community standards and
conduct guidelines set forth above or for any other
purpose. You acknowledge that by providing you with
the ability to distribute Postings in the Community
Areas, we are acting as a passive conduit for such
distribution and we are not undertaking any obligation
or liability relating to any Postings or activities
in any Community Area, nor do we endorse any such
Postings. Although we reserve the right to remove,
without notice, any Posting for any reason, we have
no obligation to review Content prior to the Content’s
posting or to delete Postings that you may find objectionable
or offensive. We are not responsible for maintaining
a copy of any material we remove from our Website,
and we are not liable for any loss you incur in the
event that Content you post or transmit to our Website
is been removed.
7. Submissions
If, at our request or on your own, you send, email,
post or otherwise transmit to us or this Website any
Content, (collectively, the "Submissions"),
you grant us and our successors and assigns a royalty-free,
perpetual, irrevocable, non-exclusive right (including
any moral rights) and license (as well as consent)
to use, license, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute,
derive revenue or other remuneration from, communicate
to the public, perform and display any Submissions
(in whole or in part and with or without the use of
your name) worldwide and/or to incorporate the Submissions
in other works in any form, media, or technology now
known or later developed, for the full term of any
copyrights, trademarks and other intellectual and
proprietary rights (collectively, the "Rights")
that may exist in such Submissions. You also warrant
that, to the extent you are not the exclusive holder
of all Rights in a Submission, any third party holder
of any Rights, including moral rights in such Submissions,
has completely and effectively waived all such rights
and validly and irrevocably granted to you the right
to grant the license stated above. You further acknowledge
that we and our successors and assigns shall be entitled
to unrestricted use of the Submissions for any purpose
whatsoever, commercial or otherwise, without compensation
to the provider of the Submissions. You also permit
any user to access, display, view, store and reproduce
any Submission that you have made available in a Community
Area for personal use. Subject to the foregoing, the
owner of a Submission placed on this Website retains
any and all Rights that may exist in such Submission.
Except as provided in our Privacy Policy, none of
the Submissions shall be subject to any obligation
of confidence on our part, and we shall not be liable
for any use or disclosure of any Submissions.
8 . Links
These Terms & Conditions apply only to this Website,
and not to the websites of any other person or entity.
We may provide, or third parties may provide, links
to other worldwide websites or resources. You acknowledge
and agree that we are not responsible for the availability
of such external sites or resources, and do not endorse
(and are not responsible or liable for) any content,
advertising, products, or other materials on or available
from such websites or resources. You further acknowledge
and agree that, under no circumstances, will we be
held responsible or liable, directly or indirectly,
for any loss or damage that is caused or alleged to
have been caused to you in connection with your use
of, or reliance on, any content, advertisements, products
or other resources available on any other website
(regardless of whether we directly or indirectly link
to such content, advertisements, products or other
resources). You should direct any concerns with respect
to any other website to that website's administrator
or webmaster.
9 . Third Party Products and Services
You may order services, merchandise or other products
through our Website from other parties (collectively,
the "Third Party Sellers"). All matters
concerning the services, merchandise and other products
desired from the Third Party Sellers, including, but
not limited to, purchase terms, payment terms, warranties,
guarantees, maintenance and delivery, are solely between
you and the Third Party Sellers. We make no warranties
or representations whatsoever with regard to any services,
merchandise and other products provided by the Third
Party Sellers. You will not consider us (and we will
not be construed as) a party to such transactions,
whether or not we may have received some form of revenue
or other remuneration in connection with such transactions,
and we will not be liable for any costs or damages
arising out of, either directly or indirectly, you
or any other person involved or related to the transactions.
10. Copyright Complaints
We respect the intellectual property of others, and
we ask our users to do the same. We may, in appropriate
circumstances and in our discretion, terminate the
rights of any user to use our Website (or any part
thereof) who infringes the intellectual property rights
of others. The Digital Millennium Copyright Act of
1998 (the "DMCA") provides recourse for
copyright owners who believe that material appearing
on the Internet infringes their rights under U.S.
copyright law. If you believe that your work has been
copied in a way that constitutes copyright infringement
or are aware of someone doing so, please contact us
and include the following information
a) a physical or electronic signature of the owner
of the copyright or a person authorized to act on
behalf of the owner;
b) identification of the copyrighted work claimed
to have been infringed (or if multiple copyrighted
works located on this website are covered by a single
notification, a representative list of such works);
c) identification of the material that is claimed
to be infringing or the subject of infringing activity,
and information reasonably sufficient to allow us
to locate the material on our Website;
d) your name, mailing address, telephone number and
email address;
e) a statement by you that you have a good faith belief
that use of the material in the manner complained
of is not authorized by the copyright owner, its agent
or the law; and
f) a statement by you that the information in your
notification is accurate, and that you attest under
penalty of perjury, that you are the copyright owner
or that you are authorized to act on the copyright
owner’s behalf.
If you believe in good faith that a notice of copyright
infringement has been wrongly filed against you, the
DMCA permits you to send us a counter-notice. Notices
and counter-notices with respect to this website should
be sent to our designated agent for notice of claims
of copyright infringement: Jeffrey A. Fiarman, General
Counsel, WeightWatchers.com, Inc., 11 Madison Ave,
17th Floor, New York, New York 10010.
11. Password and User Security
If you are a registered user of this Website, you
are entirely responsible for maintaining the confidentiality
of your password and user account information. You
agree to notify us immediately in the event of any
known or suspected unauthorized use of your user account,
or any known or suspected breach of security, including
loss, theft, or unauthorized disclosure of your or
anyone else's password. You are entirely responsible
for any and all activities which occur under your
user account. You agree to immediately notify us of
any unauthorized use of your user account or any other
breach of security known to you.
12. Health Disclaimer
The products and services on this Website are not
intended to be a replacement for any professional
or medical advice. ServicetoSelf.com is not a medical
organization and our staff cannot give you medical
advice or diagnosis. Nothing contained in this Website
should be construed as such advice or diagnosis. The
information and reports generated by us should not
be interpreted as a substitute for physician consultation,
evaluation, or treatment.
You are urged and advised to seek the advice of a
physician before beginning any weight loss effort
or regimen. This Website is intended for use only
by healthy adult individuals. The Website is not intended
for use by minors, pregnant women, or individuals
with any type of health condition. Such individuals
are specifically warned to seek professional medical
advice prior to initiating any form of weight loss
effort or regimen.
13. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF
WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON
THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY,
SECURITY, ACCURACY OR NON-INFRINGEMENT.
WE RESERVE THE RIGHT TO CHOOSE TO REFUND, CANCEL OR
EXCHANGE ANY OF OUR PRODUCTS AND SERVICES AVAILABLE
ON THIS WEBSITE.
NEITHER SERVICETOSELF.COM, ANY OF OUR AFFILIATES,
NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES,
SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE
OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT
MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE
IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT,
OFFERING, CONTENT OR MATERIAL.
NEITHER WEIGHTWATCHERS.COM, ANY OF OUR AFFILIATES,
NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES,
SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS
IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION,
OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS
WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED
FOR IN THESE TERMS & CONDITIONS.
14. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR
AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR
THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF
ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY
WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR
WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY,
FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE
TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY
IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.
IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS
FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST
EXTENT PERMITTED BY LAW.
15. Indemnification
You agree to indemnify, hold harmless and, at our
option, defend Servicetoself.com and our affiliates,
and our and their officers, directors, employees,
agents and representatives from any and all third
party claims, liability, damages and/or costs (including,
but not limited to, reasonable attorneys fees and
expenses) arising from your improper use of this Website
or our products or offerings, your violation of these
Terms & Conditions, or your infringement, or the
infringement or use by any other user of your account,
of any intellectual property or other right of any
person or entity.
16. Governing Law and Choice of Forum
These Terms & Conditions shall be governed by
and construed in accordance with the laws of the State
of California, without giving effect to any principles
of conflicts of law. You agree that any action at
law or in equity arising out of or relating to your
use of this Website or these Terms & Conditions
shall be filed only in the state or federal courts
located in Los Angeles County in the State of California
and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating
any such action.
17. Miscellaneous Terms
These Terms & Conditions, together with the Subscription
Agreement (if applicable), are the entire agreement
between you and us relating to the subject matter
herein. If you are a subscriber to one of our online
subscription offerings or products, in the event of
any conflict between these Terms & Conditions
and the Subscription Agreement, the Subscription Agreement
shall control. These Terms & Conditions may be
modified only by our posting of changes to these Terms
& Conditions on this Website. Each time you access
this Website, you will be deemed to have accepted
any such changes.
We may assign our rights and obligations under these
Terms & Conditions. These Terms & Conditions
will inure to the benefit of our successors, assigns
and licensees. The failure of either party to insist
upon or enforce the strict performance of the other
party with respect to any provision of these Terms
& Conditions, or to exercise any right under the
Terms & Conditions, will not be construed as a
waiver or relinquishment to any extent of such party's
right to assert or rely upon any such provision or
right in that or any other instance; rather, the same
will be and remain in full force and effect.
(Last modified as of December 15, 2009)
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