WEIGHT-LESS, INC.
Terms And Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE.
This agreement sets forth the entire and exclusive understanding and agreement between you and Weight-Less with respect to YOUR USE OF OUR WEBSITE. This Agreement SUPERSEDES and cancels all previous and contemporaneous agreements, commitments and writings with respect to YOUR USE OF OUR WEBSITE.
This website, located at www.eoshape.com (the “Website”), is owned by Weight-Less, Inc., a Delaware corporation, with a place of business located at 681 Falmouth Road, Unit C-16, Mashpee, MA 02649 (“Weight-Less,” “ours”, “us” or “we”). By using the Website or clicking the "I Accept" button displayed as part of the registration process, you agree to be bound by these Terms and Conditions of Use (the "Agreement"). If you do not agree with the terms and conditions in this Agreement, you may not access or use the Website. Please be advised that Weight-Less reserves the right, in its sole discretion, to modify this Agreement at any time, and such modification shall be effective immediately upon the posting of the modified Agreement. Please refer to this Agreement on a regular basis so you will be aware of any modifications.
1. Copyright/Trademark
EOSHAPE is a service mark of Weight-Less and may not be used or reproduced without the express written consent of Weight-Less.
The EOSHAPE Logo, in full or any part thereof, is a service mark of Weight-Less and/or is copyright protected and owned by Weight-Less, and may not be used or reproduced without the express written consent of Weight-Less.
All other trademarks and service marks of Weight-Less displayed on the Website are owned by Weight-Less, and may not be used or reproduced without the express written consent of Weight-Less. All third-party trademarks and service marks displayed on the Website are the property(ies) of their respective owners, and are used with permission or under license.
You acknowledge and agree that all materials, including, without limitation, content, data, software, information, products and services, contained on or provided through this site ("Materials"), are copyrighted as a collective work under the laws of the United States and other copyright laws. Except as specifically permitted by this Agreement, any use of Materials is strictly prohibited except if we and/or the applicable rights holder(s) give you prior written permission, and you may not reproduce, sell, publish, transmit, distribute, display, edit, modify, create derivative works from or exploit in any way, in whole or in part, any of the Materials or the Website, including, without limitation, through framing or systematic retrieval through any electronic or other means, to create collections, compilations, databases or directories; and use of any engines, software, spiders, robots, bots, avatars, agents, automated tools, or other devices or mechanisms to navigate or search the site is strictly prohibited without the prior written consent of Weight-Less. Notwithstanding the foregoing, you may download or print single copies of Materials for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
2. Disclaimer
The Website provides information regarding weight loss management, exercise, counseling and consulting services, and the information contained therein is not intended to be a substitute for professional medical advice, diagnosis and/or treatment. Weight-Less assumes no responsibility for how this Website content is used and acknowledges that there may be information available which disputes, refutes or contradicts the information provided by the Website. The information on this Website is not intended for use by minors, nor to treat any health condition. Anyone with a health condition is specifically warned to seek professional advice prior to using any of the information available on the Website, or prior to the start of any weight loss or exercise program. In general, anyone starting a weight loss or exercise program should consult with his or her physician before starting.
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 you, your property, your computer system or loss of data that results from the download of any such product, offering, content or material, or in connection with attending any meetings or events organized by third-parties through message board postings on the Website.
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. 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 this disclaimer.
Neither Weight-Less, nor any of its affiliates, nor any of its 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.
Neither Weight-Less, nor any of its affiliates, nor any of its 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.
You acknowledge and agree that you will indemnify and hold harmless Weight-Less and its subsidiaries, successors, assigns, affiliates, licensors, licensees and suppliers, together with all of their respective officers, directors, employees and consultants, against any and all claims, damages, losses, liabilities, judgments, costs and expenses (including reasonable attorneys' fees and costs) relating to your use, misuse or inability to use this site or any Materials or relating to your violation of this Agreement, any laws, rules or regulations, or any rights of any third parties; that we reserve the right to exclusively defend and control any such indemnification matters at our sole option; and that you will fully cooperate with Weight-Less in any such defenses.
You acknowledge and agree that we, in our sole discretion, at any time and with or without notice, may change or discontinue any aspect or feature of the Website or any Materials (including, without limitation, discontinuing the Website in its entirety); and that, without limitation of any other provisions of this Agreement, we reserve the right to take any actions at law or in equity that we deem appropriate in connection with the Website, Materials and this Agreement. You also acknowledge and agree that, unless we specifically provide otherwise, any links on this Website to other sites do not imply our endorsement of such sites or that we have any association whatsoever with the operators of such sites; that such sites are not under our control; and that we are not responsible for any materials (including, without limitation, any content, data, software, information, products or services) contained on, purchased or provided through such sites, or the appropriateness, decency, legality, copyright or other intellectual property rights compliance, accuracy or any other aspect of such sites.
You also acknowledge and agree that this Agreement will be governed by, enforced and construed in accordance with the laws of The Commonwealth of Massachusetts, excluding conflicts of law provisions; that the exclusive jurisdiction for any claim or action relating to your use, misuse or inability to use this site or any Materials, or to this Agreement, will be in the state or federal courts located in The Commonwealth of Massachusetts; that you will irrevocably submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such claim or action; and that you will irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court.
3. Postings
Weight-Less does not and cannot review all communications and materials posted or uploaded to the Website and is not responsible for the content of those communications and materials. However, Weight-Less may from time to time monitor and review said communications and materials and in doing so, Weight-Less reserves the right to block or remove communications or materials posted on the Website that it determines, in its sole discretion, to be (i) abusive, defamatory, harassing, threatening, pornographic, hate speech, obscene or libelous; (ii) fraudulent, deceptive or misleading; or (iii) in violation of copyright, trademark or other intellectual property rights of another.
Statements made on the Website in message boards, emails, forums and chatrooms reflect only the views of their author(s), and not those of Weight-Less.
4. Privacy Policy
Your privacy and security is important to us. We are committed to protecting the privacy of those who visit our Website. Unless we specifically provide otherwise, this policy only applies to this Website and our online activities, and does not apply to any of our offline activities. Please be aware that this Privacy Policy applies only to the information collected by Weight-Less through this Website. We are not responsible for information you reveal or post in any public forum (e.g. message boards), or for the privacy practices of websites that are operated or owned by third parties. We may modify this policy from time to time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this Website.
We collect information on or through this Website that can personally identify you only when it is voluntarily offered by you. We do not share any of the personal information you provide to us with any third party other than service providers of ours who assist us in providing the information and/or services we are providing to you. However, we may disclose your information if we believe in good faith that we are required to do so in order to comply with a subpoena, a search warrant, a court or regulatory order, or other valid legal process. Also, we may disclose information when we have reason to believe that disclosure is necessary to identify, contact or bring legal action against someone who may be violating our Terms and Conditions of Use, or to protect the safety and/or security of our users, our Website or the general public.
All information you enter into the “Personal Data Tracker” and “Journal” portions of the Website (and any information you would enter into other similar ‘tracking’ or ‘diary’ portions of the Website that may be added in the future) is considered to be personal information pursuant to this Privacy Policy. However, you should be aware that as with all personal information we collect through the Website, this information may nevertheless be accessed and viewed by us, or by our service providers who assist us in providing our services. We may access this information solely at our discretion, and may do so for any reason, including without limitation, maintaining of our Website computer systems, statistical tracking, or to improve our services. As such, PLEASE DO NOT POST ANY INFORMATION TO THE WEBSITE THAT YOU DO NOT WISH TO BE VIEWED BY WEIGHT-LESS OR ITS SERVICE PROVIDERS.
Any non-personal information, communications and material you send to this Website or to us by e-mail is on a non-confidential basis, including, but not limited to, recipes, reviews, “indulgence” ideas, and “extra mile” ideas. You agree that we are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, you agree that we will be free to use any ideas, concepts, images, data, text, sounds, graphics, know-how or techniques contained in such information for any purpose, including developing, manufacturing, or marketing products. Any information you send to this Website must be truthful, not violate the rights of others and be legal.
We use "cookie" technology, where small pieces of information are stored on your computer. This information is used to personalize your experience on our Website and to monitor use so we may improve our Website. Advertisers and other third parties linked to our Website may also use their own cookies when you click on their advertisement or link. This Privacy Policy does not govern the use by such third-party websites or providers of third-party advertising.
You are responsible for maintaining the confidentiality of any password(s) you are given to access the website, and are fully responsible for all activities that occur under your password(s). You agree to notify Weight-Less immediately of any unauthorized use of your password(s).
5. Severability
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be unlawful, invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
6. Termination
Weight-Less may terminate your right to use the Website at any time, with or without cause, and without notice. Weight-Less may immediately terminate this Agreement, if in its sole discretion you fail to comply with any provision of this Agreement. A termination shall not limit Weight-Less' other rights and remedies available under law. The remaining provisions of this Agreement shall survive any termination of this Agreement.
7. User Representations
You represent and warrant that you are at least 18 years of age and that you have the legal right and ability to enter into this Agreement and to use the Website in accordance with the terms and conditions herein.