NO DIET WEIGHT SOLUTION
WEB SITE TERMS OF SERVICE
THIS AGREEMENT INCLUDES:
- Agreement to Contract Electronically
- Links to Third Party Web Site
- Intellectual Property
- End User Content
- Rules of Conduct
- User Materials License
- Digital Millennium Copyright Act
- No Representations or Warranty
- Limitation of Liability
- General Legal Provisions
1.AGREEMENT TO CONTRACT ELECTRONICALLY
You agree that this electronic Terms of Service Agreement, combined with your accessing and using the Site has the same legal force and effect as a written contract with your written signature and satisfies any laws that require a writing or signature. You agree not to challenge the validity, enforceability, or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement. Print
2.LINKS TO THIRD PARTY SITES
By creating a user profile to use certain portions of the Site, you represent and warrant to NDWS that you will provide complete and accurate information including a user name, email address and a password and that you will maintain the confidentiality of your password and keep your information up to date. Failure to do so may result in a breach of this Agreement which may result in immediate termination of your user profile on the Site.
When you create a user profile and use the features on the Site you shall not do any of the following:
- Create an account for anyone other than yourself without the third party’s explicit permission;
- Use a person’s name for which you have no rights with the intent to impersonate such person;
- Intentionally create a user name that is the name of a third party without authorization;
- Impersonate a third party;
- Create a user name that is vulgar, offensive, obscene or otherwise unlawful.
NDWS reserves the right to refuse registration or cancel a user profile in its sole discretion. You are solely responsible for all activity on your user profile and for maintaining the confidentiality of your password. You shall immediately inform NDWS, via email, of any unauthorized use of your user profile of which you become aware.
Ownership. The Site includes copyrights, trademarks, trade dress, service marks, logos, domain names, and other proprietary materials including, but not limited to, text, information, data, artwork, video, audio, images, graphics and software (collectively, “Content”). NDWS, its affiliates and third-party content providers own all right, title and interest in and to the Content. You acknowledge and agree that the Content and Site are protected by copyright, trademark, service mark, patent and other proprietary rights and laws. Except for the limited rights and licenses granted herein, nothing in this Agreement confers to you, whether by implication, estoppel or otherwise, any license, title, or ownership of or to the Site and/or Content.
Limited License. Subject to this Agreement, NDWS grants you a limited, revocable, non-exclusive right and license to use, on one personal computer, the Content and the software and technology included on this Site (collectively the “Content”) solely for your personal, non-commercial use. No other use of the Content is authorized.
Restrictions. Except as expressly provided herein, you shall not: (i) use any portion of the Site, or any other intellectual property of NDWS, on any other web site, in the source code of any other web site, or in any other printed or electronic materials; (ii) modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute or otherwise use any of the Content or frame this Site within any other web site, without our prior written permission; (iii) reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code of the Site and/or the Content. NDWS reserves the right to block your use of the Site and cancel your user profile for any violation of these restrictions.
5.END USER CONTENT
End User Content. All end user content whether publicly posted or privately transmitted is the sole responsibility of the person who originated such content. NDWS does not guarantee the originality of any end user content or data which end users may provide about themselves. You acknowledge that all end user content accessed by your use of the Site is at your own risk and you are solely responsible and liable for any loss or damage to you or any other party resulting therefrom. For purposes of these Terms of Service, the term “End User Content” includes, without limitation, any location information, likes, recommendations, comments, reviews, videos, audio clips, information, data, feedback, text, photographs, software, scripts, graphics and/or interactive features, generated, provided, added, created, uploaded, transmitted, distributed, submitted, posted or otherwise made accessible through the Site by an end user, including content accessible through end user’s account on third party social media websites (“End User Content”). NDWS has the right, but not the obligation, to monitor and remove End User Content included on the Site at anytime in its sole discretion.
User Comments, Feedback, and Other Submissions.If, you send creative ideas, comments, feedback, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that NDWS may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you provide to NDWS. NDWS is under no obligation to: (1) maintain any Comments in confidence; (2) pay compensation for any Comments; or (3) respond to any Comments. NDWS has the right but not the obligation to monitor and edit or remove any Comments at any time in its sole discretion.
Representations and Warranties. You represent and warrant to NDWS that any End User Content and/or Comments you publish on the Site: (1) do not infringe upon any third party proprietary right including, without limitation any rights to privacy and publicity; (2) you have acquired all requisite rights and licenses in any End User Content and/or Comments that you publish on the Site; and (3) you are solely responsible for the accuracy of any End User Content or Comments posted on the Site. NDWS has no responsibility and assumes no liability for any End User Content and/or Comments posted by you or any third party.
End User Content and Comments License. For any End User Content and/or Comments that you make available on or via the Site, you grant NDWS a perpetual, irrevocable, worldwide, royalty free, right and license to use the End User Content and Comments in connection with the Site without any approval rights and/or any compensation to you.
NDWS Reserved Rights. NDWS reserves the right to: (i) remove, edit, suspend or modify End User Content and/or Comments in its sole discretion, without notice and for any or no reason including, without limitation, receipt of claims or allegations from third parties relating to such End User Content and/or Comments; (ii) remove, suspend, block any End User Content and/or Comments from the Site; and (iii) access, read, preserve and disclose any information it reasonably believes is necessary to: (a) satisfy any applicable law, rule, regulation, legal process or government request; (b) enforce these Terms of Service; (c) detect, prevent or otherwise address fraud or potential violations of these Terms of Service; (d) address fraud or security or technical issues; (e) respond to user support requests; and/or (f) protect NDWS and/or its Site end users’ rights, property and privacy.
6.RULES OF CONDUCT
The Site may include areas that allow end-users to participate in forums such as chat rooms and message boards. NDWS adopted the following rules of conduct in order to assure that end-users who participate in these forums do so in a lawful and appropriate manner. All End User Content, Comments, information, email, text, graphics, software, messages or other materials (collectively “User Materials”), whether publicly posted, or privately submitted, by an end user are the sole responsibility of the end user. You are solely responsible for any User Materials that you upload, transmit, post, send, email or otherwise make available via the Site. NDWS is not liable for any User Materials or for any errors or omissions in User Materials or for any loss or damage incurred as a result of the use of any User Materials made available on the Site. NDWS may, but is not obligated to, monitor User Material included on the Site and reserves the right, in its sole discretion, to block, refuse or remove any User Material from the Site without notice.
The following conduct is prohibited on, or in connection with, the Site:
- sending unlawful, harassing, abusive or threatening messages;
- sending obscene or pornographic messages or images;
- sending hateful, defamatory or libelous messages;
- transmitting any information that may harm minors;
- transmitting any communication or User Materials that you do not have a right to under a contractual or fiduciary relationship, that infringes a third party intellectual property right or violates a proprietary right of any third party;
- sending viruses or other harmful, disruptive, or destructive files;
- attempting to steal passwords or credit card information;
- sending messages in furtherance of unlawful, criminal or fraudulent activity;
- attempting to conceal or misrepresent the identity of the sender;
- forging headers or otherwise manipulating identifiers in order to disguise the origin of a message;
- impersonating any person or entity including any identification documents or sensitive financial information;
- deciphering, decompiling, disassembling, reverse engineering or otherwise attempting to derive any source code or underlying ideas or algorithms of any part of the Site including, without limitation, any application or widget except to the limited extent applicable laws restrict such prohibition;
- sending any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
- using any manual or automated software, devices or other processes to “crawl” or “spider” any page of the Site;
- harvesting or scraping any content included on the Site;
- deleting any legal notices, disclaimers or proprietary notices;
- disrupting the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfering with or disrupting Site servers or networks or cloud systems connected to the Site;
- modifying, adapting, reproducing, distributing translating, creating derivative works of or adaptations of, publically displaying, republishing, repurposing, selling, trading, or in any way exploiting the Site, Content other than your User Materials, except as expressly authorized by NDWS;
- using software viruses or any other computer codes, files, worms, logic, bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, systems, mobile technology or to damage or obtain unauthorized access to any system, data, password, or other information of NDWS or a third party;
- taking action to violate these Terms of Service and/or NDWS Site policies.
- violating any local, state, federal or international law.
These rules of conduct are strictly enforced. Violations of these rules may result in the end user being blocked from use of the Site. NDWS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DISCLOSE TO THIRD PARTIES, INCLUDING LAW ENFORCEMENT AUTHORITIES, INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE END USERS NAME, PROFILE, ACCOUNT INFORMATION, MEMBERHIP IDENTIFICATION AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SITE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY NDWS TO ADDRESS PAST VIOLATIONS OF THIS AGREEMENT AND/OR TO PREVENT FUTURE OR POTENTIAL VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO END USER. BY USING THE SITE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
7.USER MATERIALS LICENSE
By transmitting, posting, emailing, uploading or otherwise making User Materials available on or via the Site, you represent and warrant to NDWS that you have all right, title and interest in and to such User Materials and grant NDWS a perpetual, irrevocable, world-wide, royalty free, right and license to use the User Materials in connection with the Site and NDWS’s services.
8.DIGITAL MILLENNIUM COPYRIGHT ACT
Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement should be sent to NDWS’s Designated Agent.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE DESIGNATED AGENT THAT YOUR COPYRIGHTED USER MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification (“Notification”) must be submitted to the following Designated Agent:
|NAME Susan Page
ADDRESS PO Box 241461 Mayfield Heights, OH 44124
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity, including information about where the material which you claim is infringing is located on the Site sufficient to allow us to locate the material;
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
- your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
9.CONTESTS AND SWEEPSTAKES
BY USING THE SITE, CONTENT AND/OR ANY NDWS SERVICES YOU UNDERSTAND AND AGREE THAT:
- THE SITE, CONTENT AND NDWS SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE AND DOES NOT GUARANTEE WEIGHT LOSS AND/OR SUCCESS WITH THE NDWS PROGRAM. NDWS IS NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION, SERVICES, CONTENT OR OTHER MATERIAL PROVIDED ON THE SITE AND/OR PROVIDED IN CONNECTION WITH THE NDWS SERVICES.
- YOUR USE OF THE SITE, CONTENT AND NDWS SERVICES IS AT YOUR SOLE RISK. THE SITE AND NDWS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NDWS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
- NDWS MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, CONTENT OR NDWS SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, CONTENT AND NDWS SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE.
- ANY MATERIAL OBTAINED BY YOU THROUGH USE OF THE SITE, CONTENT OR NDWS SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OR USE OF ANY THIRD PARTY SOFTWARE OR MATERIAL.
11.NO REPRESENTATION OR WARRANTY
YOUR USE OF THE SITE, CONTENT AND/OR NDWS SERVICES IS AT YOUR SOLE RISK. NEITHER NDWS NOR ANY OF ITS EMPLOYEES, AFFILIATES, CONTRACTORS, ADVISORS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR SUPPLIERS REPRESENTS OR WARRANTS: (I) THAT THE SITE, CONTENT OR NDWS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (II) ANY RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, CONTENT OR NDWS SERVICES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE OR NDWS SERVICES; (III) RESULTS OF ATTENDANCE AND/OR PARTICIPATION IN ANY WEIGHT LOSS PROGRAMS OFFERED BY NDWS; AND/OR (IV) IN CONNECTION WITH YOUR USE OF THE SITE AND/OR ANY EDUCATIONAL MATERIALS INCLUDING WITHOUT LIMITATION EMAILS, TIPS, VIDEOS, WEBISODES, PODCASTS, EMAILS, BROCHURES, WORKBOOKS, CATALOGUES, TWEETS, BOOKS AND OR ANY OTHER INFORMATION, ADVICE AND RECOMMENDATIONS PROVIDED BY NDWS AND/OR ITS PROVIDERS.
12.LIMITATION OF LIABILITY
NDWS IS NOT LIABLE FOR ANY INJURY OR LOSS, CLAIM OR DAMAGE, NOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH: (i) THE USE OR PERFORMANCE OF THE SITE; OR NDWS SERVICES (ii) THE DELAY OR INABILITY TO USE THE SITE OR NDWS SERVICES; (iii) THE PROVISION OF OR FAILURE TO PROVIDE ANY INFORMATION AND SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE AND/OR NDWS SERVICES (iv) THE INABILITY TO ACCESS OR USE THE SITE AND/OR NDWS SERVICES OR FROM YOUR RELIANCE ON ANY CONTENT AND/OR INFORMATION PROVIDED ON THE SITE AND/OR NDWS SERVICE, OR ON THIRD PARTY SITES LINKED TO FROM THE SITE, EVEN IF NDWS HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13.GENERAL LEGAL PROVISIONS
Reservation of Rights. NDWS reserves the right to deny or block access to the Site to anyone at anytime.
Termination. At any time and without prior notice, NDWS may immediately terminate your access to the Site for: (1) breach of this Agreement; (2) requests by law enforcement or other government agencies; (3) discontinuance or material modification to a Site (or any part thereof); and/or (4) unexpected technical or security issues or problems. You agree that termination for cause is at NDWS’s sole discretion and NDWS is not liable to you or any third party for termination of your access to the Site. You agree that any account you set up with NDWS will be terminated upon your death.
Indemnification. You agree to defend, indemnify and hold NDWS, its affiliates and their respective employees, directors, partners, contractors, officers, advisors, trustees, and other third parties assisting in the operation of the Site, harmless from and against all claims, liabilities and expenses (including attorneys’ fees) that may arise from your use of the Site, any accounts set up in connection with the Site, Content, NDWS, Services, End User Content, Comments and/or User Materials, violation of the rights of others and/or breach of this Agreement.
Applicable Law and Jurisdiction. The Site is controlled and operated by NDWS, from its offices in Cleveland, Ohio. This Terms of Service Agreement is governed and controlled by the laws of the State of Ohio. By accessing, and/or using this Site you accept this Agreement and agree that all matters arising from or relating to the use and operation of the Site will be heard and resolved in the federal and state courts of Cleveland, Ohio. In addition, you consent to personal jurisdiction of such courts, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. A printed version of this Agreement with respect to the Site and of any notice given in electronic form is admissible in judicial and administrative proceedings. You and NDWS agree that any cause of action arising out of or related to these Terms of Service must commence within one (1) year after the cause of action arose; otherwise such cause of action is permanently barred.
International Use. Neither NDWS nor its Affiliates make any representation that the Site, Content and/or NDWS Services offered in connection therewith are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations are responsible for compliance with any applicable local laws and any applicable laws regarding the transmission of technical data exported from the United States of the country in which you reside.
Copyright © 2015, NO DIET WEIGHT SOLUTION, LLC, All Rights Reserved
No Diet Weight Solution is a service mark owned by NDWS, LLC. All other content, copyrights, trademarks, service marks and other intellectual property included on the Site are the exclusive property of NDWS its affiliates, partners and licensors. All Rights Reserved.