The services offered by
Weightview.com ("Weightview.com" or "we") include the
Weightview.com website (the "Weightview Website")
and any other features, content, or applications offered
from time to time by Weightview.com in connection with
the Weightview Website (collectively, the "Weightview
Services"). The Weightview Services are hosted in the
U.S.
This Terms of Use
Agreement ("Agreement") sets forth the legally binding
terms for your use of the Weightview Services. By using
the Weightview Services, you agree to be bound by this
Agreement, The term "User" refers to those persons who
register to utilize our services. You are only
authorized to use the Weightview Services (regardless of
whether your access or use is intended) if you agree to
abide by all applicable laws and to this Agreement.
Please read this Agreement carefully and save it. If you
do not agree with it, you should leave the Weightview
Website and discontinue use of the Weightview Services
immediately. You must read this Agreement and indicate
your acceptance during the Registration process.
This Agreement includes
Weightview.com's policy for acceptable use of the
Weightview Services and your rights, obligations and
restrictions regarding your use of the Weightview
Services and Weightview.com's Privacy Policy. In order
to participate in certain Weightview Services, you may
be notified that you are required to download software
or content and/or agree to additional terms and
conditions. Unless otherwise provided by the additional
terms and conditions applicable to the Weightview
Services in which you choose to participate, those
additional terms are hereby incorporated into this
Agreement.
Weightview.com may modify
this Agreement from time to time and such modification
shall be effective upon posting by Weightview.com on the
Weightview Website. You agree to be bound to any changes
to this Agreement when you use the Weightview Services
after any such modification is posted. It is therefore
important that you review this Agreement regularly to
ensure you are updated as to any changes.
Weightview.com reserves
the right, in its sole discretion, to terminate your
access to all or any part of the Weightview Services at
any time, for any or no reason, with or without prior
notice, and without liability.
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Eligibility. Use of Weightview Services
is void where prohibited. Children
are not eligible to use our services, and we ask
that minors (under the age of 18) not submit any
personal information to us. By
using the Weightview Services, you represent and
warrant that (a) all registration information you
submit is truthful and accurate; (b) you will maintain
the accuracy of such information; (c) you are 18
years of age or older; and (d) your use of the Weightview
Services does not violate any applicable law or
regulation. As
per the Children's Online Privacy Protection Act,
any information we receive from people we believe
to be under the age of 18 will be purged from our
database, and you hereby
acknowledge that your postings may be deleted and
your Membership may be terminated without warning,
if we believe that you are under the age of 18.
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Fees.
You acknowledge that Weightview.com
reserves the right to charge for the Weightview
Services (If such fee (if any) is disclosed on the
order form page of the Weightview website) and to
change its disclosed fees from time to time in its
discretion.
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Charges.
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General.
Weightview bills you through an online account
(your “Billing Account”) for use of the Service.
You agree to pay Weightview all charges at the
prices then in effect for any use of the Service
by you or other persons (including your agents)
using your Billing
Account, and you authorize Weightview to charge
your chosen payment provider (your “Payment
Method”) for the Service. You agree to make
payment using that selected Payment Method.
Weightview reserves the right to correct any
errors or mistakes that it makes even if it
has already requested or received payment.
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Payment
Method.
The terms of your payment will be based on your
Payment Method and may be determined by agreements
between you and the financial institution, credit
card issuer or other provider of your chosen
Payment Method (the "Payment Method Provider").
If Weightview does not receive payment from
your Payment Method Provider, you agree to pay
all amounts due on your Billing Account upon
demand.
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Free
Trials and Other Promotions.
Any free trial or other promotion that provides
subscriber-level access to the Service must
be used within the specified time of the trial.
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Non-commercial Use by Members. The Weightview
Services are for the personal use of Members only
and may not be used in connection with any commercial
endeavors except those that are specifically endorsed
or approved by Weightview.com. Appropriate legal
action will be taken for any illegal or unauthorized
use of the Weightview Services.
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Proprietary Rights in Content on
Weightview.com.
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By
displaying or publishing ("posting")
any Content on or through the Weightview Services,
you hereby grant to Weightview.com a limited
license to use, modify, publicly perform, publicly
display, reproduce, and distribute such Content
solely on and through the Weightview Services.
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You
represent and warrant that: (i) you own the
Content posted by you on or through the Weightview
Services or otherwise have the right to grant
the license set forth in this section, and (ii)
the posting of your Content on or through the
Weightview Services does not violate the privacy
rights, publicity rights, copyrights, contract
rights or any other rights of any person.
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Weightview.com Content is or may be protected
by copyright, trademark, patent, trade secret
and other laws, and Weightview.com owns and
retains all rights in the Weightview.com Content
and the Weightview Services. Weightview.com
hereby grants you a limited, revocable, nonsublicensable
license to reproduce and display the Weightview.com
Content (excluding any software code) solely
for your personal use in connection with viewing
the Weightview Website and using the Weightview
Services.
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Except for Content posted by you, you may not
copy, modify, translate, publish, broadcast,
transmit, distribute, perform, display, or sell
any Content appearing on or through the Weightview
Services.
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Content Posted.
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Weightview.com may delete any Content that in
the sole judgment of Weightview.com violates
this Agreement or which may be offensive, illegal
or violate the rights, harm, or threaten the
safety of any person. Weightview.com assumes
no responsibility for monitoring the Weightview
Services for inappropriate Content or conduct.
If at any time Weightview.com chooses, in its
sole discretion, to monitor the Weightview Services,
Weightview.com nonetheless assumes no responsibility
for the Content, no obligation to modify or
remove any inappropriate Content, and no responsibility
for the conduct of the User submitting any such
Content.
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Content/Activity Prohibited. The following
is a partial list of the kind of Content that is
illegal or prohibited to post on or through the
Weightview Services. Weightview.com reserves the
right to investigate and take appropriate legal
action against anyone who, in Weightview.com's sole
discretion, violates this provision, including without
limitation, removing the offending communication
from the Weightview Services and terminating the
Membership of such violators. Prohibited Content
includes, but is not limited to Content that, in
the sole discretion of Weightview.com:
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is
patently offensive and promotes racism, bigotry,
hatred or physical harm of any kind against
any group or individual;
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exploits people in a sexual or violent manner;
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contains nudity, violence, or offensive subject
matter or contains a link to an adult website;
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solicits personal information from anyone under
18;
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promotes information that you know is false
or misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene,
defamatory or libelous;
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promotes an illegal or unauthorized copy of
another person's copyrighted work, such as providing
pirated computer programs or links to them,
providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music
or links to pirated music files;
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contains restricted or password only access
pages or hidden pages or images (those not linked
to or from another accessible page);
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furthers or promotes any criminal activity or
enterprise or provides instructional information
about illegal activities including, but not
limited to making or buying illegal weapons,
violating someone's privacy, or providing or
creating computer viruses;
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includes a photograph of another person that
you have posted without that person's consent;
or
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for
band and filmmaker profiles, uses sexually suggestive
imagery or any other unfair, misleading or deceptive
Content intended to draw traffic to the profile.
The following is a
partial list of the kind of activity that is illegal or
prohibited on the Weightview Website and through your
use of the Weightview Services. Weightview.com reserves
the right to investigate and take appropriate legal
action against anyone who, in Weightview.com's sole
discretion, violates this provision, including without
limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not
limited to:
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criminal or tortious activity, including child
pornography, fraud, trafficking in obscene
material, drug dealing, gambling, harassment,
stalking, spamming, spimming, sending of viruses
or other harmful files, copyright infringement,
patent infringement, or theft of trade secrets;
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interfering with, disrupting, or creating an
undue burden on the Weightview Services or the
networks or services connected to the Weightview
Services;
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using any information obtained from the
Weightview Services in order to harass, abuse,
or harm another person;
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displaying an advertisement in any posting or
accepting payment or anything of value from a
third person in exchange for your performing any
commercial activity on or through the Weightview
Services on behalf of that person, such as
placing commercial content in any posting,
posting blogs or bulletins with a commercial
purpose, or sending private messages with a
commercial purpose; or
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using the Weightview Services in a manner
inconsistent with any and all applicable laws
and regulations.
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Copyright Policy. You may not post, modify,
distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary
information belonging to others without obtaining
the prior written consent of the owner of such
proprietary rights. Without limiting the foregoing,
if you believe that your work has been copied and
posted on the Weightview Services in a way that
constitutes copyright infringement, please provide
us with the following information: (i) an electronic
or physical signature of the person authorized to
act on behalf of the owner of the copyright
interest; (ii) a description of the copyrighted work
that you claim has been infringed; (iii) a
description of where the material that you claim is
infringing is located on the Weightview Services;
(iv) your address, telephone number, and email
address; (v) a written 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; (vi) 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.
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Privacy.
Use of the Weightview Services is also governed by
our Privacy Policy, which is incorporated into this
Agreement by this reference.
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Disclaimers.
Inclusion of any linked website on the Weightview
Services does not imply approval or endorsement of
the linked website by Weightview.com. When you
access these third-party sites, you do so at your
own risk. Weightview.com takes no responsibility for
third party advertisements which are posted on this
Weightview Website or through the Weightview
Services, nor does it take any responsibility for
the goods or services provided by its advertisers.
Weightview.com is not responsible for the conduct,
whether online or offline, of any User of the
Weightview Services. Weightview.com assumes no
responsibility for any error, omission,
interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft
or destruction or unauthorized access to, or
alteration of, any User communication.
Weightview.com is not responsible for any problems
or technical malfunction of any telephone network or
lines, computer online systems, servers or
providers, computer equipment, software, failure of
any email or players due to technical problems or
traffic congestion on the Internet or on any of the
Weightview Services or combination thereof,
including any injury or damage to Users or to any
person's computer related to or resulting from
participation or downloading materials in connection
with the Weightview Services. Under no circumstances
shall Weightview.com be responsible for any loss or
damage, including personal injury or death,
resulting from use of the Weightview Services,
attendance at a Weightview.com event, from any
Content posted on or through the Weightview
Services, or from the conduct of any Users of the
Weightview Services, whether online or offline. The
Weightview Services are provided "AS-IS" and as
available and Weightview.com expressly disclaims any
warranty of fitness for a particular purpose or
non-infringement. You understand that this is NOT
intended to provide medical advice and that the
results provided to you by Weightview.com are
estimates for entertainment purposes only.
Weightview.com cannot guarantee and does not promise
any specific results from use of the Weightview
Services.
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Limitation on Liability. IN NO EVENT SHALL
WEIGHTVIEW.COM BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WEIGHTVIEW.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN,
WEIGHTVIEW.COM'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY, BY YOU TO WEIGHTVIEW.COM FOR THE WEIGHTVIEW
SERVICES DURING THE TERM OF MEMBERSHIP.
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U.S. Export Controls. Software available in
connection with the Weightview Services (the
"Software") is further subject to United States
export controls. No Software may be downloaded from
the Weightview Services or otherwise exported or
re-exported in violation of U.S. export laws.
Downloading or using the Software is at your sole
risk.
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Binding
Arbitration.
If there is any dispute about or involving the
Weightview Services, you agree that all such
disputes will be arbitrated according to the rules
of the American Arbitration Association in New York,
NY, including any dispute about the scope of this
arbitration agreement, and including all questions
about the types of disputes that are subject to this
arbitration agreement, all of which you agree will
be decided by the arbitrators, it being your intent
that this arbitration agreement be broadly
construed, and that the decision of the arbitrators
will be final. Any issue concerning the extent
to which a dispute is subject to arbitration, or
concerning the applicability, interpretation, or
enforceability this agreement, including any
contention that all or part of this agreement is
invalid or unenforceable, shall be governed by the
Federal Arbitration Act and resolved by the
arbitrators. Further, you agree that in that
arbitration there will be no depositions taken, and
all other forms of discovery of facts will be
limited to those things the arbitrators determine,
in their sole discretion, to be necessary. Further,
in that arbitration, (i) there shall be no award of
punitive, exemplary, incidental, or consequential or
other special damages, (ii) all damages claims and
awards will be governed by the laws of the state of
New York, and (iii) the parties will conduct the
arbitration confidentially and expeditiously and
will pay their own costs and expenses of
arbitration, including their own attorney fees. If
you are unable to afford the fee of the American
Arbitration Association, you agree to notify all
persons against whom you have an arbitrable claim
and give them the opportunity individually and as a
group to pay such fee. The proceeding and the
decision shall be kept confidential by the parties.
No claim may be brought as a class action, combined
or consolidated with any other proceeding, nor may
any proceeding be pursued in a representative
capacity or on behalf of a class. You do not have
the right to act as a class representative or
participate as a member of a class of claimants with
respect to any claim.
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Indemnity.
You agree to indemnify and hold Weightview.com, its
subsidiaries, and affiliates, and their respective
officers, agents, partners and employees, harmless
from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any
third party due to or arising out of your use of the
Weightview Services in violation of this Agreement
and/or arising from a breach of this Agreement
and/or any breach of your representations and
warranties set forth above and/or if any Content
that you post on the Weightview Website or through
the Weightview Services causes Weightview.com to be
liable to another.
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Other.
This Agreement is accepted upon your use of the
Weightview Website or any of the Weightview Services
and is further affirmed by you becoming a User. This
Agreement constitutes the entire agreement between
you and Weightview.com regarding the use of the
Weightview Services. The failure of Weightview.com
to exercise or enforce any right or provision of
this Agreement shall not operate as a waiver of such
right or provision. The section titles in this
Agreement are for convenience only and have no legal
or contractual effect. Weightview.com is a trademark
of Weightview, Inc. This Agreement operates to the
fullest extent permissible by law. If any provision
of this Agreement is unlawful, void or
unenforceable, that provision is deemed severable
from this Agreement and does not affect the validity
and enforceability of any remaining provisions.
Please contact us with
any questions regarding this Agreement.
I HAVE READ THIS
AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.
Privacy
Policy
Information
Collection and Use by Weightview
Weightview collects user submitted information such as
name, email address, weight and age to authenticate
users and to send notifications to those users relating
to the Weightview service. Weightview also logs
non-personally-identifiable information including IP
address, profile information, aggregate user data, and
browser type, from users and visitors to the site. This
data is used to manage the website, track usage and
improve the website services.
Weightview
reserves the right to share all information you provide,
whether through registration or voluntary postings, with
any third party as Weightview may determine from time to
time. The persons with whom we may share
such information may have substantially different
policies regarding such information than Weightview may
have, and we do not assume any obligation to determine
such persons’ policies or to advise you of what their
policies might be. Weightview has no obligation to
inform you of the identities of the persons with whom
your information may be shared.
Use of Cookies
Weightview uses cookies to store visitors' preferences
and to record session information, for purposes
including ensuring that visitors are not repeatedly
offered the same advertisements and to customize
newsletter, advertising, and Web page content based on
browser type and user profile information. We may, if we
choose, link the information we store in cookies to
personally identifiable information you submit while on
our site. You may be able to configure your browser to
accept or reject all or some cookies, or notify you when
a cookie is set. Each browser is different, so check the
"Help" menu of your browser to learn how to change your
cookie preferences. Please note that
Weightview allows 3rd party advertisers that are
presenting advertisements on some of our pages to set
and access their cookies on your computer. Advertisers’
use of cookies is subject to their own privacy policies,
not the Weightview Privacy Policy.
Links
Weightview contains links to sites. Weightview is not
responsible for the privacy policies and/or practices on
other sites. When linking to another site a user should
read the privacy policy stated on that site. Our privacy
policy only governs information collected on Weightview.
Third Party
Advertising
Ads appearing on this Web site may be delivered to users
by Weightview or one of our Web advertising partners.
Our Web advertising partners may set cookies. These
cookies allow the ad server to recognize your computer
each time they send you an online advertisement. In this
way, ad servers may compile information about where you,
or others who are using your computer, saw their
advertisements and determine which ads are clicked on.
This information allows an ad network to deliver
targeted advertisements that they believe will be of
most interest to you. This privacy statement covers the
use of cookies by Weightview and does not cover the use
of cookies by any advertisers.
Security
Please note that we cannot guarantee the security of
account information. Unauthorized entry or use, hardware
or software failure, and other factors may compromise
the security of user information at any time.
Changes in Our
Privacy Policy
From time to time we may make changes to our privacy
policy If we make changes, we will post them on our site
to make users aware of what the changes are so users
will always be aware of what information we collect, how
we use it, and when we may disclose it. A User is bound
by any minor changes to the policy when she or he uses
the site after those changes have been posted If,
however, we are going to use users' personally
identifiable information in a manner materially
different from that stated at the time of collection we
will notify by posting a notice on our Web site for 30
days.
Contacting the
Web Site
If you have any questions about this privacy statement,
the practices of this site, or your dealings with this
Web site, please contact us at:
info@weightview.com.
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