TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service
to our customers. By using this site, you agree to comply with and be bound by
the following terms and conditions of use. Please review these terms and
conditions carefully. If you do not agree to these terms and conditions, you
should not use this site.
1. Agreement. This Agreement
(the “Agreement'”) specifies the Terms and Conditions for access to and use of www.dietfatloss.net
(the “Site'”) and describe the terms and conditions applicable to your access
of and use of the Site. This Agreement may be modified at any time by
dietfatloss.net upon posting of the modified agreement. Any such modifications
shall be effective immediately. You can view the most recent version of these
terms at any time at www.dietfatloss.net. Each use by you shall constitute and
be deemed your unconditional acceptance of this Agreement.
2. Intellectual Property Ownership.
(a) Our Content.
All content included on this site is and shall continue to be the property of Dietfatloss.net
or its content suppliers and is protected under applicable copyright, patent,
trademark, and other proprietary rights. Any copying, redistribution, use or
publication by you of any such content or any part of the Site is prohibited
without express permission by Dietfatloss.net. Under no circumstances will you
acquire any ownership rights or other interest in any content by or through
your use of this site. Dietfatloss.net is the trademark or registered trademark
of Dietfatloss.net. Other product and company names mentioned on this Site may
be trademarks of their respective owners.
(b) User Supplied
Content. By accessing our forum, bulletin board, chat room, or any other
user interactive area of our site, and placing any information in any of those
areas, you hereby grant us a perpetual, irrevocable, royalty free license in
and to such materials, including but not limited to the right to post, publish,
transmit, distribute, create derivative works based upon, create translations
of, modify, amend, enhance, change, display and publicly perform such materials
in any form or media, whether now known or later discovered. You also grant to
others who access the forum, bulletin board, chat room or any other user
interactive area of our site a perpetual, non-revocable, royalty free license
to view, download, store and reproduce your postings but such license is
limited to the personal use and enjoyment of such other party.
(c) Personal Use. Dietfatloss.net
grants you a limited, revocable, nonexclusive license to use this site solely
for your own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works, or other use. You agree not
to copy materials on the site, reverse engineer or break into the site, or use
materials, products or services in violation of any law. The use of this
website is at the discretion of Dietfatloss.net and Dietfatloss.net may
terminate your use of this website at any time.
(d) Other Uses.
All other use of Content from the Site, including, but not limited to
uploading, downloading, modification, publication, transmission, participation
in the transfer or sale of, copying, reproduction, republishing, creation of
derivative works from, distribution, performance, display, incorporation into
another web site, reproducing the Site (whether by linking, framing or any
other method), or in any other way exploiting any of the Content, in whole or
in part, is strictly prohibited without Dietfatloss.net prior express written
consent.
3. Disclaimers.
(a) DISCLAIMER OF
WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS IS,” “AS
AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. DIETFATLOSS.NET
DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS
WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF:
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR
SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO
DISCONTINUE USING THE SITE.
FURTHERMORE, DIETFATLOSS.NET DOES NOT WARRANT THAT USE OF
THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION,
SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIETFATLOSS.NET , ITS
SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION,
FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE'S
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY
RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF
LIABILITY. DIETFATLOSS.NET SHALL NOT BE RESPONSIBLE OR LIABLE TO PROVIDERS
OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL,
SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
WHICH MAY BE INCURRED IN CONNECTION WITH DIETFATLOSS.NET OR THE SITE, OR USE
THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING
ON THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY
OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, EVEN IF DIETFATLOSS.NET HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGE OR LOSS.
(c) EARNINGS DISCLAIMERS. The information presented in this Website
is intended to be for your educational and entertainment purposes only.
We are not
presenting you with a business opportunity.
We are not
presenting you with a distributorship.
We are not
making any claims as to income you may earn.
We are not
presenting you with an opportunity to get rich.
Before
embarking on any endeavor, please use caution and seek the advice your own
personal professional advisors, such as your attorney and your accountant.
Where
income figures are mentioned (if any), those income figures are anecdotal
information passed on to us concerning the results achieved by the individual
sharing the information. We have performed no independent verification of the
statements made by those individuals. Please do not assume that you will make
those same income figures.
Please do
not construe any statement in this website as a claim or representation of
average earnings. There are NO average earnings. Testimonials and statements of
individuals are not to be construed as claims or representations of average
earnings. We cannot, do not, and will not make any claims as to earnings,
average, or otherwise.
Success in
any endeavor is based on many factors individual to you. We do not know your
educational background, your skills, your prior experience, or the time you can
and will devote to the endeavor.
Please
perform your own due diligence before embarking on any course of action. Follow
the advice of your personal qualified advisors.
There are
risks in any endeavor that are not suitable for everyone. If you use capital,
only "risk" capital should be used.
There is no
guarantee that you will earn any money using any of the ideas presented in our
in materials. Examples in our materials are not to be interpreted as a promise
or guarantee of earnings. Many factors
will be important in determining your actual results and no guarantees are made
that you will achieve results similar to ours or anybody else’s. No guarantee
is made that you will achieve any result at all from the ideas in our material.
You agree
that we will not share in your success, nor will we be responsible for your
failure or for your actions in any endeavor you may undertake.
Please
understand that past performance cannot be an indication of possible future
results.
Materials
in our product and our website may contain information that includes or is based
upon forward-looking statements within the meaning of the securities litigation
reform act of 1995. Forward-looking statements give our expectations or
forecasts of future events. You can identify these statements by the fact that
they do not relate strictly to historical or current facts. They use words such
as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,”
and other words and terms of similar meaning in connection with a description
of potential earnings or financial performance. Any and all forward looking
statements in our materials are intended to express our opinion of earnings
potential. They are opinions only and should not be relied upon as fact.
4. Terms Relating to User Supplied Site Content.
(a) Participate at Your Own Risk. You enter
and participate in our forum, bulletin board, chat room, or any other user
interactive area of our site, and gain access to the materials contained
thereon at your own risk.
(b) No Monitoring. We do not monitor or
screen communications on our forum, bulletin board, chat room, or any other
user interactive area of our site and we are not responsible for any material
that any of our forum, bulletin board, chat room, or any other user interactive
area of our site participant posts and we do not assume the responsibility to
do so. In the event that we are notified by any party that any communications
contained in our forum, bulletin board, chat room, or any other user
interactive area of our site is contrary to these terms, we may, but are not
obligated to, investigate the situation and determine in our own discretion,
whether to remove such communication from our forum, bulletin board, chat room,
or any other user interactive area of our site.
We have no liability or responsibility to investigate or remove any
content from our forum, bulletin board, chat room, or any other user
interactive area of our site based upon a complaint or otherwise.
(c) Your Reliance at Your Risk. We do not
make any representations or warranties as to the truth or accuracy of any
statement made or materials posted on or through our forum, bulletin board,
chat room, or any other user interactive area of our site. You agree and acknowledge that you assume the
risk of any actions you take in reliance upon the information that may be
contained in our forum, bulletin board, chat room, or any other user
interactive area of our site.
(d) No Endorsement. We do not endorse or
lend any credence for any statements that are made by any participant in our
forum, bulletin board, chat room, or any other user interactive area of our
site. Any opinions or views expressed by our forum, bulletin board, chat room,
or any other user interactive area of our site participants are their own. We do not endorse or support or otherwise give
any credence or reason for reliance on any such statements or opinions.
(e) You are Responsible. You are fully
responsible for your own statements and materials that you post in our forum,
bulletin board, chat room, or any other user interactive area of our site and
any consequences, whether or not foreseen, to any party who may rely upon these
statements. You agree that you will not
take any action directed towards attempting to hold us responsible for any such
materials or statements.
(f) Removal of Material. As a participant
in our forum, bulletin board, chat room, or any other user interactive area of
our site, you agree that we may remove any materials from our forum, bulletin
board, chat room, or any other user interactive area of our site for any
reason, in our sole discretion, or for no reason at all. This includes material which is disruptive,
abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any
damage you or others may suffer as a result of our removal of any content from
our forum, bulletin board, chat room, or any other user interactive area of our
site or from the discontinuance of our forum, bulletin board, chat room, or any
other user interactive area of our site at any time.
(g) Right to Expel. We have the right to
remove, expel, or disqualify any party from participation and access to our
forum, bulletin board, chat room, or any other user interactive area of our
site for any time and for any reason, or for no reason whatsoever, in our sole
and absolute discretion. This includes,
but is not limited to any violation of this agreement, disruptive behavior,
complaints from other parties, any allegedly illegal activity, or for any other
reason or for no reason at all.
(h) Right to Terminate. We reserve the
right to terminate our forum, bulletin board, chat room, or any other user
interactive area of our site at any time and all users hold us harmless from
and against any claims, damages, suits, threats, demands, liabilities, actions,
causes of action, or injuries that may result therefrom, including but not
limited to any consequential, incidental, and special damages of every nature
and type.
(i) Prohibitions. You agree that you will
not (1) use our forum, bulletin board, chat room, or any other user interactive
area of our site for any illegal purpose, (2) place any material in our forum,
bulletin board, chat room, or any other user interactive area of our site that
violates the copyrights, trademarks, trade secrets, confidential information or
other rights of any other party, (3) place any material in our forum, bulletin
board, chat room, or any other user interactive area of our site that contains
a false statement about any person, infringes upon the privacy rights of any
other person, or threatens, harasses, abuses or embarrasses any other person,
(4) place any obscene, pornographic, sexually explicit or violent materials,
graphics, photographs, text or otherwise in our forum, bulletin board, chat
room, or any other user interactive area of our site, (5) place any
advertising, attempted business solicitation, marketing materials or sales
promotional materials in our forum, bulletin board, chat room, or any other
user interactive area of our site, (6) pretend to be another person that you
are not, (7) place materials in our forum, bulletin board, chat room, or any
other user interactive area of our site that are disruptive or off-topic.
(j) Hold Harmless and Indemnify. You hold
us harmless from, and indemnify us against, any and all claims for damages from
third parties arising from your participation, use or conduct in our forum,
bulletin board, chat room, or any other user interactive area of our site.
5. Miscellaneous.
(a) Prohibition
Against Data Mining. You are prohibited from data mining, scraping,
crawling, email harvesting or using any process or processes that send
automated queries to the dietfatloss.net Web site. You may not use the dietfatloss.net
Web site to compile a collection of listings, including a competing listing
product or service. You may not use the Site or any Materials for any
unsolicited commercial e-mail.
(b) Intended Audience. This website
is intended for adults only. This website is not intended for any children
under the age of 18.
(c) Compliance with Laws. You agree
to comply with all applicable laws regarding your use of the website. You
further agreed that information provided by you is truthful and accurate to the
best of your knowledge.
(d) Indemnification. You agree to
indemnify, defend and hold [name of
website operator] and our partners, employees, and affiliates, harmless
from any liability, loss, claim and expense, including reasonable attorney's
fees, related to your violation of this Agreement or use of the Site.
(e) Privacy. Your visit to our site is
also governed by our Privacy Policy. Please review our Privacy Policy at www.dietfatloss.net.
Dietfatloss.net reserves the right, and you authorize us, to use and assign all
information regarding site uses by you and all information provided by you in
any manner consistent with our Privacy Policy.
(f) DMCA Notice. If you believe your work
has been copied in a way that constitutes copyright infringement, please
provide a notice containing all of the following information to our Copyright
Agent: Elke Neher
(1) An electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright interest;
(2) A description of
the copyrighted work that you claim has been infringed;
(3) A description of
where the material that you claim is infringing is located on the Site;
(4) Your address,
telephone number, and e-mail address;
(5) 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
(6) 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.
Our Copyright Agent for Notice of claims of copyright
infringement on the Site is Elke Neher, who can be reached as follows:
By e-mail: mail (at) dietfatloss.net
(g) Applicable Law. You agree that the
laws of the
(h) Arbitration. As
part of the consideration that Dietfatloss.net requires
for viewing, using or interacting with this website, you agree to the use of binding
arbitration for any claim, dispute, or controversy of any kind (whether in
contract, tort or otherwise) arising out of or relating to this website. Arbitration shall be conducted
pursuant to the rules of the American Arbitration Association which are in
effect on the date a dispute is submitted to the American Arbitration
Association. Information about the American Arbitration Association, its
rules, and its forms are available from the American Arbitration Association,
(i) Severability. If any provision of
this Agreement shall be adjudged by any court of competent jurisdiction to be
unenforceable or invalid, that provision shall be limited or eliminated to the
minimum extent necessary so that this Agreement will otherwise remain in full
force and effect.
(j) Termination. Dietfatloss.net may
terminate this Agreement at any time, with or without notice, for any reason.
(k) Contact Information.
HOW TO CONTACT US:
Elke Neher
Dietfatloss.net
RR 3, Digby, NS,
B0V 1A0
mail (at) dietfatloss.net