By using KissTheFatGoodbye.com ("Website"), you agree to these Terms of
Usage. We reserve the right, at our sole discretion, to change, modify, add or remove
portions of these Terms of Usage at any time and without notice. You should check
these Terms of Usage periodically for changes. By using this Website after we post
any changes, you agree to accept those changes, whether or not you have reviewed
them. If you do not agree to these Terms of Usage, you should not use the KissTheFatGoodbye.com
website.
KissTheFatGoodbye.com is intended for use only by healthy adult individuals. The
website is not intended for use by minors or individuals with any type of health
condition.
1. Scope of Terms of Usage
Unless specifically indicated elsewhere in this document, these Terms of Usage apply
to your use of the Websites which are owned or operated by Meteor Digital. and our
affiliates (collectively, "we," "us," or "our"), including,
without limitation, this Website and any other Websites that we may own or operate
currently or in the future. For purposes of these Terms of Usage, "affiliates"
shall mean any entity or person, directly or indirectly, owning a controlling interest
in, owned by, or under common ownership control with Meteor Digital.
2. General Terms of Usage
By using this Website, you agree to be legally bound and to abide by these Terms
of Usage, just as if you had signed this agreement. If you do not comply with these
Terms of Usage 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). At
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,
and (iii) restricting or terminating any user's right to use the Website. You
agree that any termination or cancellation of your access to, or use of, the Website
may be affected without prior notice. If you do not abide by the provisions of these
Terms of Usage, 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. Furthermore, 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 of Usage 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 of Usage.
3. Use of Materials - Restrictions and Limits
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, non-commercial use, provided that you comply fully with the provisions
of these Terms of Usage. You acknowledge that KissTheFatGoodbye.com may contain
information, software, photos, video, text, graphics, music, sounds, questions,
creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings,
articles and other materials, quiz answers, meal plans (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. The KissTheFatGoodbye is the trade name and the trademark and
service mark of KissTheFatGoodbye.com 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. You do not obtain any ownership containing any content which
is downloaded onto your computer from KissTheFatGoodbye.com. 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. Privacy Policy
We are committed to protecting your privacy and security. For more information,
you should review our Privacy Policy, which is incorporated
into these Terms of Usage by this reference.
5. Submissions
If, at our request or on your own, you send, email, post or otherwise transmit to
us or this Website information, software, photos, video, text, graphics, music,
sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes,
notes, drawings, articles, stories about yourself or your weight loss, or other
materials (including, but not limited to, posting, emailing, or otherwise transmitting
Postings on any Forum) (collectively, the "Submissions"), the Submissions
shall be deemed, and shall remain, our property. 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.
Without limitation of the foregoing, 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, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, 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
any third party holder of any Rights, including moral rights in such Submissions,
has 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.
6. Parental or Guardian Permission
You must be 18 years or older to use the website or to purchase any product or service
offered on or through the Website. Some of the content on the Website may not be
appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE
THIS WEBSITE. We strongly recommend that children between the ages of 18 and 21
ask for their parent's or guardian's permission before viewing the Website.
7. Links
These Terms of Usage 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. If for any reason you do not agree
to these terms you should not use the KissTheFatGoodbye.com website.
8. 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 infringe the intellectual
property rights of others. 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 our designated agent for notice of claims of copyright infringement by using
our Contact Page.
9. Health Disclaimer
KissTheFatGoodbye.com provides information intended only to assist users in
their personal weight loss efforts. KissTheFatGoodbye.com is not a medical organization
and our staff will not and cannot give medical advice or diagnosis. Nothing on KissTheFatGoodbye.com
websites whatsoever should be construed as such medical advice or diagnosis. Information
is not to be taken as medical advice. KissTheFatGoodbye.com will not be held responsible
for any information interpreted as such by any person. The information and reports
generated by us should not be interpreted as a substitute for physician consultation,
evaluation or treatment.
Before beginning any diet, fitness or weight loss program or life style change,
KissTheFatGoodbye.com advises you to check with your doctor or primary health provider
to ensure your health and safety. Before beginning any physical exercise routine,
KissTheFatGoodbye.com advises you to check with your doctor or primary health provider
to ensure your health and safety. If information on this Website is related to mental
health and emotional health. KissTheFatGoodbye.com strongly suggests that individuals
who feel they need support to contact a mental health professional. We will not
be held responsible for individuals who intend and carry out harm to themselves
or other individuals. KissTheFatGoodbye.com is intended for use only by healthy
adult individuals. The website is not intended for use by minors or individuals
with any type of health condition.
10. 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.
NEITHER KissTheFatGoodbye.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 KissTheFatGoodbye.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.
FURTHERMORE, 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 OF USAGE.
11. 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 THE KissTheFatGoodbye.com SITES; (B) THE
USE OF ANY CONTENT OR OTHER MATERIAL ON THE KissTheFatGoodbye.com SITES OR ANY WEBSITE
OR WEBSITES LINKED TO THE KissTheFatGoodbye.com SITES, (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.
12. Indemnification
You agree to indemnify, hold harmless and, at our option, defend KissTheFatGoodbye.com
and our owners, affiliates, and our and their officers, directors, employees, stockholders,
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 of Usage, 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.
13. Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in accordance with
the laws of Tennessee 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 of Usage shall be filed only in the state or
federal courts located in Tennessee and you hereby consent and submit to the
personal jurisdiction of such courts for the purposes of litigating any such action.
14. Miscellaneous Terms
In any action against us arising from the use of this Website,
we the owner/owners of KissTheFatGoodbye.com
shall be entitled to recover all legal expenses incurred in connection with the
action, including but not limited to its costs, both taxable and non-taxable, and
reasonable attorney's fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these terms and shall not affect
the validity and enforceability of any remaining provisions. These Terms of Usage,
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 of Usage and the Subscription Agreement, the Subscription Agreement
shall control. These Terms of Usage may be modified only by our posting of changes
to these Terms & Conditions on this Website, or by written agreement of both
parties. 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 of Usage. These Terms
of Usage 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 of Usage, 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.
© 2011 KissTheFatGoodbye.com. All Rights Reserved.
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