TERMS AND
CONDITIONS ("the Terms of Use")
You should carefully read the Terms of Use before using Our
Site. By using Our Site or indicating your agreement by
clicking the Accept button putting a check in the Accept box,
you agree to be bound by the Terms of Use. This is a legally
binding agreement. If you do not agree with the Terms of Use
you should not use Our Site.
1. We agree to provide you access to Our Site in accordance
with the Terms of Use.
2. You agree to use Our Site in a manner consistent with any
and all applicable rules and regulations.
3. You accept that Our Site is provided on an "as is, as
available" basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON OUR SITE ARE
FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC
ADVICE.
5. YOUR ACCESS TO AND USE OF OUR SITE MAY BE TERMINATED AT
ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US BY THE
SENDING OF NOTICE TO THE OTHER PARTY.
6. WE MAY FOR MARKETING PURPOSES COLLECT, PROCESS AND
TRANSMIT DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR
ACCESSING OUR SITE.
7. You are authorized to download one copy of the material
on our Site on one computer for your personal, non-commercial
use only but you may not in so doing remove or amend any
trademark, copyright or other proprietary notice.
8. Subject to the above, you may not modify, copy,
distribute, republish or upload any of the material on our Site
without our prior consent in writing. No intellectual property
or other rights shall be transferred to you.
9. To the extent that portions of our Site (such as "chat
rooms" or "bulletin boards") provide users an opportunity to
post and exchange information, ideas and opinions ("Postings"),
BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS
PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not
necessarily reflect our views. To the fullest extent permitted
by applicable laws, we exclude all responsibility and liability
for the Postings or for any losses or expenses resulting from
their use and/or appearance on our Site.
10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE
ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS
EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER
NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY
DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES,
LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF
INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF
THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN
IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS
OUR SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU ASSUME
TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA
BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
11. We reserve the right to monitor all materials posted on
this bulletin board (“Postings”) and to remove any which we
consider in our absolute discretion to be offensive or
otherwise in breach of these Terms of Use.
12. You hereby represent and warrant that you have all
necessary rights in and to all Postings you provide and all
material they contain and that such Postings shall not infringe
any proprietary or other rights of third parties.
13. Where we provide hypertext links to other sites we do so
for information purposes only, and such links are not
endorsements by us of any products or services in such sites
and we accept no liability nor make any endorsement or approval
of the same.
14. The Terms of Use contain the entire understanding
between us with respect of Our Site and no representation,
statement, inducement oral or written, not contained herein
shall bind either of us.
15. Should any part of the Terms of Use be declared invalid
or unenforceable by a court of competent jurisdiction, this
shall not affect the validity of any remaining portion and such
remaining portion shall remain in full force and effect as if
the invalid portion of the Terms of Use had been
eliminated.
16. This Agreement is governed by the laws of the State of
Texas, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened
to violate LoseWeight-StartNow.com and/or its affiliates'
intellectual property rights, LoseWeight-StartNow.com and/or
its affiliates may seek injunctive or other appropriate relief
in any state or federal court in the State of Texas, and you
consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first
try to resolve it with the help of a mutually agreed-upon
mediator in the following location: Clarendon, TX. Any costs
and fees other than attorney fees associated with the mediation
will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute to
binding arbitration at the following location: Clarendon, TX,
under the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.
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