1. General. This agreement with WeightLossCalculator.org governs your use of this web site (the “Site”). Additional terms and conditions of use applicable to specific areas of the Site may also be posted on the Site at any time. This agreement, together with any such additional term and conditions, are referred to as this “Agreement.” WeightLossCalculator.org reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Site. You are not authorized to use this Site in any jurisdiction where the terms of this Agreement are not enforceable.
2. Registration. The Site allows users access to a collection of weight loss calculators and tools (the “Services”). To use some of the Services, you must be registered and receive a Access Code. You agree to provide true and accurate information in connection with your registration and to promptly notify WeightLossCalculator.org of any changes in the registration information. You are responsible for maintaining the confidentiality of your Access Code. You are fully liable for all use of the Site and the Services under your Access Code, including any use by a user not authorized by you who accesses the Site using your Access Code. You should promptly notify WeightLossCalculator.org of any unauthorized use of your Access Code or other breach of security by contacting us.
3. Use of Site. The Site contains information, software, text, photographs, graphics, links and other material (collectively, the “Content”), that are protected by copyright, trademark or other proprietary rights of WeightLossCalculator.org, or third parties. All Content on the Site is copyrighted as a collective work of WeightLossCalculator.org pursuant to applicable copyright law. WeightLossCalculator.org grants you a limited nonexclusive license to use the Site for your personal use. Otherwise, you may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, or in any way exploit the Site or any of the Content, in whole or in part, without obtaining permission of WeightLossCalculator.org, except as expressly permitted in this Agreement or permitted under copyright law. You may not frame or use framing techniques to enclose portions of the Site without written permission of WeightLossCalculator.org. You may create a hyperlink to the home page of the Site provided that the link does not mislead users regarding the Site or the Content or negatively impact Symmetry Software or the Site.
4. Managing Content. WeightLossCalculator.org is not responsible for the Content posted by third-parties on the Site. WeightLossCalculator.org does not represent or endorse the accuracy or reliability of any Content posted on the Site and you acknowledge that any reliance upon such Content shall be at your sole risk. The Site may contain links to sites on the Internet which are owned and operated by third parties (the “External Sites”). You acknowledge that WeightLossCalculator.org is not responsible for the availability of, or the Content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the Content located on such External Sites.
5. Indemnity. You agree to indemnify, defend and hold harmless WeightLossCalculator.org and their respective affiliates members, officers, directors, owners, agents, information providers and licensors (each an “Indemnified Party” and a third party beneficiary of this Agreement) for, from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Indemnified Party in connection with any use or alleged use of the Site under your Access Code by any person, whether or not authorized by you. Each Indemnified Party reserves the right, at its own expense, to participate in the defense of any matter subject to indemnification by you, and in such case, you agree to cooperate with such Indemnified Party in the defense of such claim.
6. Termination of Access to the Site. WeightLossCalculator.org reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Site at any time for any reason without prior notice or liability. WeightLossCalculator.org may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content without prior notice or liability.
7. Disclaimer of Warranty. THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. WeightLossCalculator.org, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SITE. NEITHER WeightLossCalculator.org NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES; NOR DOES WeightLossCalculator.org, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8. Limitation of Liability. IN NO EVENT SHALL WeightLossCalculator.org, ITS AFFILIATES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND LOST PROFITS, RESULTING FROM OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE INCLUDING THE CONTENT REGARDLESS OF ANY NEGLIGENCE BY WeightLossCalculator.org, ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF WeightLossCalculator.org, ITS AFFILIATES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS EXCEED $100.00 DOLLARS, REGARDLESS OF THE CAUSE OF ACTION. THIS LIMITATION ON DAMAGES ARE ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND WeightLossCalculator.org AND THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES. THE LIABILITY OF WeightLossCalculator.org, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Miscellaneous. This Agreement shall be construed in accordance with the laws of the State of Kansas, and the parties irrevocably consent to jurisdiction of and to bring any action to enforce this Agreement in the federal or state courts located in Phoenix, Arizona. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties.
10. Copyrights. If you believe that the Site includes your work and the work has been copied in a way that constitutes copyright infringement, please provide WeightLossCalculator.org’s copyright agent the following information:
an electronic or physical signature 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;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the dispute use is not authorized by the copyright owner, its agent, or the law;
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 owners behalf.
