 |
|
| Terms & Conditions
1.1 Use of this website, and information distributed in conjunction with this website, is offered to you on your acceptance of these Terms and Conditions, our Privacy Policy, and other notices and agreements posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms and Conditions, our Privacy Policy, and other notices and agreements posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our website. We suggest you print a copy of each of these documents for your records. 1.2 Boundless Health Limited or www.Weightloss-Advisor.com (“the Company”), shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms and Conditions without notice or liability to you. Any changes to these Terms and Conditions shall be effective immediately following the posting of such changes on this Website. You agree to review these Terms and Conditions from time to time and agree that any subsequent use by you of this website following changes to these Terms and Conditions shall constitute your acceptance of all such changes. 1.3 IN USING THIS WEBSITE AND UPLOADING DATA AND INFORMATION, YOU ARE AFFIRMING THAT YOU ARE 18 YEARS OF AGE OR OLDER. VISITORS TO THIS WEBSITE UNDER THE AGE OF 18 MAY NOT REGISTER OR OTHERWISE MAKE USE OF THIS WEBSITE. 1.4 YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME AND IN OUR SOLE DISCRETION WHENEVER THE COMPANY DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS OF USE. Use of Website The Company authorizes you to view and access a single copy of the content available on or from www.Weightloss-Advisor.com (the "Website") solely for your use. Your Conduct This Website may be used only for lawful purposes of participating in a singles community designed to provide an opportunity to meet other singles on the Internet. The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any purposes other than designated by the Company, including but not limited to:
Site Security Rules Users are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. User Information You are solely responsible for the data and information that you input or upload to the Website. The Company reserves the right in its sole discretion to decide whether the data and information that you input or upload to the Website are appropriate and complies with these Terms and Conditions and other of the Company’s Website policies. When you register for the Website, you will be asked to provide Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms that may be set forth in any Privacy Policy on this Website, you understand and agree that Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company 's Privacy Statement for further details regarding your Information. Registration and Password You are responsible for maintaining the confidentiality of your information uploaded to the website and your user name and password. You shall be responsible for all uses of such information, whether or not authorized by you. You agree to immediately notify US of any unauthorized use of your username or password. Your username and password may not be transferred or assigned. Use of Website Content For all visitors to the website, the information on the website represents the views of the author and third party contributors as at the date of publication. As conditions change, the authors reserve the right to alter and update the content to reflect the new conditions. The Company does not assume any responsibility for errors, inaccuracies or omissions in any of the articles or information posted on the Website. The advice and information contained on this site might not be suitable for your own personal circumstances, and the appropriate professionals, including physicians, should be consulted. This material is offered with the understanding that the author and third party contributors assume no responsibility or liability whatsoever on the behalf of any purchaser or reader of this material who directly or indirectly acts on the information contained herein. The website content may contain inaccuracies or typographical errors. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. Further, the Company is not responsible if information that made available on this site is not accurate, reliable, complete, timely, or current. Any reliance upon the material on this site will be at your own risk. We reserve the right to modify the contents of the site at any time, but we have no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to the site. Users of the Websites Services Certain users, who must verify that they are 18 years of age of older, will register for the diet assessments, advice on appropriate dietary and nutritional requirements for weight loss. These users will have access to web based software to assess their physical profile, health risk profile, readiness to lose weight, and tracking facilities for their eating, activity and weight loss patterns. Among other services provided by the Company will be weekly and monthly sessions for advice on weight loss, encouragement, monitoring of progress and general feedback. These services generally will be provided in group sessions, and may include dietary or psychological counseling by qualified individuals. ALL USERS THAT REGISTER FOR SUCH SERVICES ARE REQUIRED TO PROVIDE COMPANY WITH A SIGNED CONFIRMATION FROM THEIR PRIMARY CARE PHYSICIAN THAT THEY ARE PERMITTED TO REGISTER FOR AND PARTICIPATE IN THE DIET PROGRAM OFFERED BY COMPANY. Use of Web Based Software Users accept the web based software “as is” and agrees to be bound by the license as set forth herein. The user is licensed to use the software on a non-exclusive, non-transferrable basis only for the purposes for which it is indicated. The user may not use the software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the software. The user may not modify, alter, change or otherwise make any modification to the software or create derivative works based upon the software. Company shall not rent, lease, resell, sublicense, assign, distribute or otherwise transfer the software or this license. This license provides the user with limited rights to use the software. The Company or a third party owner of the software retains all ownership, right, title and interest in and to the software, manuals, documentation and other support material, and in all portions of the software, including but not limited to trade secrets, know how, methodologies and processes, and in all copies of it. The user agrees that the licensed software, including the specific design and structure, constitute trade secrets and/or copyrighted material of the Company or third party owner. The user agree not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party. The Company warrants that the software substantially conforms to its published specifications. In no event does the Company or third party owner warrant that the software is error free or that Customer will be able to operate the Software without problems or interruptions. In addition to the other disclaimers and limitations of warranties set forth herein, the software is provided to you on an “as is” basis, without any express or implied warranty, conditions or representations (other than specified above) of any kind including, without limitation, any warranty or condition of merchantability, fitness for a particular purpose and non infringement. All such warranties are hereby excluded to the extent allowed by applicable law. This license and the user’s rights hereunder shall automatically terminate at the time of termination of the services provided by the Company, if you fail to comply with any provision of this license, or if you use the software for any illegal purpose. Upon such termination, or termination according to the terms of this Agreement, you shall cease all use of the software. Customer Comments We appreciate hearing from our users and welcome your comments regarding our services and the website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Company. 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 Submission. Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to the user or any other person who submitted the Submission. Registration and Password You are responsible for maintaining the confidentiality of your information uploaded to the website and your user name and password. You shall be responsible for all uses of such information, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your username or password. Your username and password may not be transferred or assigned. Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement If you believe that any copyrighted work has been uploaded to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
We have designated the Administration Manager as our agent to receive notices of claims of copyright infringement on our website. You can contact the Administration Manager as follows: Mail: Administration Manager, Boundless Health, 345 Monmouth Drive, Sutton Coldfield. Birmingham. UK. B73 6JX Telephone: +441213213340 Intellectual Property “weightloss-advisor”, and any other Company trademarks and trade names, now existing or created in the future, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Company, and any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this website are the property of their respective owners, and may not be used by you in any form. This site (including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics) is the property of Company and is protected by copyright laws of Australia and other countries. The Company reserves any rights not expressly granted to you. You may not sell or modify the Website content or reproduce, display, publicly perform, distribute, or otherwise use the Website content in any way for any public, commercial, or non-commercial purpose. The use of the Website content on any other website or in a networked computer environment for any purpose is prohibited. Links This website may contain links to other sites and banner ads that take a visitor to another website. Please be aware that the Company is not responsible for the content or terms of us of such other sites. Users are encouraged to be aware of the specific content on the other websites when they leave this site and to read the applicable terms of use and other website requirements. DISCLAIMERS COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. THE TRANSMISSION OF FILES AND INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL WITH US (INCLUDING THOSE WHICH MAY CONTAIN YOUR PERSONAL INFORMATION). WHILE COMPANY TAKES COMMERCIALLY REASONABLE EFFORTS TO SAFEGUARD THE PRIVACY OF THE INFORMATION YOU PROVIDE US AND TREAT SUCH INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY, IN NO EVENT WILL THE INFORMATION YOU PROVIDE TO US BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS TO YOU ON OUR PART, OR RESULT IN ANY LIABILITY TO YOU ON OUR PART IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED BY COMPANY OR ACCESSED BY THIRD PARTIES WITHOUT OUR CONSENT. COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE DATA AND INFORMATION YOU HAVE UPLOADED TO THE WEBSITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF FILES AND DATA, OR FAILURE TO STORE ANY FILES OR INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF FILES OR INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THE DATA AND INFORMATION TRANSFERRED TO THE SITE. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER COMPANY OR ANY OF ITS SUBSIDIARIES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU TRANSMIT. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100. DISCLAIMER OF CONSEQUENTIAL DAMAGES IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR LIABILITY IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THAT DISRUPTION. INDEMNITY YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE COMPANY’S WEBSITE; (II) ANY MATERIAL YOU PROVIDE TO THE COMPANY ’ WEBSITE, (III) ANY WEBSITE CONTENT THAT YOU USE OR (III) YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS, PRIVACY STATEMENT, REPRESENTATIONS AND WARRANTIES. COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS. Breach of Agreement Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination without notice of your registration and your ability to access this Website, and/or any other service provided to you by the Company, upon any breach by you of these Terms of Use, or if the Company is unable to verify or authenticate any information you submit to the Website. Upon such action undertaken by Company, Company in its sole discretion, may, among its other legal remedies, retain any unused membership fees. Additional Terms and Conditions These Terms of Use, the Website’s Privacy Statements, and other relevant documents and agreements constitute the entire agreement between you and Company with respect to the use of website. No changes to these Terms of Use shall be made except by a revised posting on this page. The Company makes no claims that the website content may be lawfully viewed or accessed in any specific country. Access to the Website content may not be legal by certain persons or in certain countries. When you access the Website, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. In addition, without limiting any of the other disclaimers of warranty set forth in these Terms and Conditions, Company does not provide or make any undertaking as to the quality or nature of any of the products or services purchased or obtained through this Website, or any other representation, warranty or guaranty. These Terms and Conditions shall be governed by and construed in accordance with the laws of the England applicable therein, without regard to conflict of laws. You irrevocably consent to the exclusive jurisdiction of the courts located in Birmingham, England in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action. If any court having competent jurisdiction holds any provision of these Terms and Conditions invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms and Conditions shall continue in full force and effect. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision of these Terms and Conditions.
|
Weight
Loss Advisor © 2008 Terms & Conditions | Privacy Statement | Purchase Agreement | Membership Terms |