PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. THESE ARE THE TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE. By using our Website, you agree to these Terms and Conditions of Use ("Terms & Conditions"). We at WeightSavvy Teens & Kids Inc. and all affiliates reserve the right, in our sole discretion, to add or remove, modify, or change any portions of these Terms & Conditions at any time. We recommend that you check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, we recommend that you not use our Website and, if applicable, we recommend that you should arrange to cancel your registered user account or subscription with our organization.
A. Scope of Terms & Conditions: Unless we specify otherwise, these Terms & Conditions apply to your use of the websites which are owned or operated by WeightSavvy Teens & Kids Inc. and our affiliates and subsidiaries (collectively, "we," "us," or "our"), including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, our "Website"). For purposes of these Terms & Conditions, "affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, WeightSavvy Teens & Kids Inc. including, without limitation, its affiliates and its subsidiaries.
B. General Terms and Conditions: By using this Website and any of our other affiliated websites, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not abide by these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately delete or deactivate your user account and all related information and files in your user account and/or prohibit any further access to such information and/or files, or our Websites. In addition, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites. It is our sole discretion and without prior notice or liability, we may modify, discontinue, or alter any aspect of the Website, including, but not limited to, (i) restricting the amount of use permitted, (ii) restricting the time the Website is available, and/or (iii) restricting or terminating any user's right to use the Website. Furthermore, you agree to accept without prior notice any modifications to these Terms and Conditions pertaining to specific content, activities or events. These modifications may be viewed on the Website in connection with the specific content, activities, features or events and shall be identified as such.
C. Registered Users: You are not required to become registered users to access this websites, however, without accurately completing registration you may be precluded from using certain products, offerings, features, or resources of our Website that would otherwise be offered to registered users. However, if you choose to register, you must register in accordance with instructions that you will find on this Website to participate in, and to contribute to, any Forum or use of the "Public Profile" feature of our Website. A " Forum" means any chat room, message board, bulletin board, recipe swap, or similar activity where you and other users of our Website can communicate. Furthermore, if you choose to become a registered user of our Website, you agree to provide us with completely accurate and honest information about yourself and agree to maintain and promptly update the Registered User information Database to maintain its accuracy. You also agree not to assign, transfer or sublicense your rights as a registered user. Without limiting any other provision of these Terms & Conditions, if you provide any information that is incomplete, untrue, or inaccurate information, or we suspect to be, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof).
D. Restrictions on Use of Materials and Information: Unless we otherwise specified and provided that you comply fully with the provisions of these Terms & Conditions, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material or information provided hereon for your personal, noncommercial use. You acknowledge that this Website contains information, forms, text, messages, comments, questions, suggestions, recommendations, feedback, graphics, sounds, music, software, photos, video, creative ideas, recipes, notes, drawings, workbooks, exercises, articles and other materials (collectively, "Content") that are protected by trademarks, patents, copyrights, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States and Canadian copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, arrangement, coordination and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. WeightSavvy Teens & Kids Inc. is the trade name and the registered trademark and service mark of WeightSavvy Teens & Kids Inc. and Casalubris Inc. respectively. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not copy, publish, modify, distribute, transmit, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded or emailed to your computer, you do not obtain any ownership interest in such Content. Changes or modification, additions or deletions of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
E. Privacy And Security: Your personal privacy is of utmost importance to us. We are dedicated to protecting the privacy of those who visit our Website and use our Online Products. There are many ways that you interact with our site, which allows us to learn more about you so we want you to feel comfortable moving through our website. The information that is collected is stored for statistical purposes only, for example, to track the number of people who view each page to determine which features are most popular. But generally in almost all other instances, we do not obtain personally identifiable information about you. In those other instances where we do collect personally identifiable information, for examples of when you voluntarily submit information when you fill out the registration page, send us feedback or post in our chat rooms or message boards or in the event of a complaint, we may also receive personally identifiable information about you from other parties in our Network about you in relation to that complaint, your privacy remains of utmost importance to us.
- How We Use and Disclose Your Information: As a general practice, we do not sell or disclose your personally identifiable information or aggregate information to third parties. So, for example, we DO NOT sell your name, address, email addresses or personal demographic information to mass marketers. However, we do use this information to enhance our site, to enhance your on-site experience, modify the operations of our site, and sell and deliver advertisement.
- Cookies and Other Tracking Methods: Cookies are small pieces of information stored on your hard drive, and not on our site. We like most website providers, use cookies or, in a limited number of cases, IP addresses for several reasons: (1) cookies allow you to store your password without having to constantly re-enter it, (2) cookies can also help us to adapt our Web site or a marketing communications to better match your needs and interests, (3) cookies permit us to better understand how users use our site, which in turn helps us to provide resources on features that are most popular with our users. Please feel free to decline to use our cookies if your browser permits, but note that some parts of our site may not work properly if you do.
- Other Sites: Please note that different privacy and security rules may apply to other sites, even if these sites are link or branded to ours. Please use caution before disclosing information directly or indirectly to parties who provide services to our website or to other third parties. We encourage you to investigate and ask questions before disclosing information to third parties.
- Limits On Our Abilities: Although your privacy is of utmost important to us, we cannot fully ensure that complete confidentiality and/or private communications will not be disclosed to third parties due to the existing legal regulatory and security environment. In uncharacteristic circumstances, we may be forced to disclose information to the government or third parties, or in unforeseen situations, third parties may unlawfully intercept or access transmissions or private communications. Furthermore, in the unlikely event that we need to investigate or to resolve possible concerns or inquiries, we can (with or without your authorization) disclose any information about you to private entities, law enforcement or other government officials as we, at our discretion or as may be required under law, believe necessary or appropriate.
- Security: We use industry-standard efforts to safeguard the confidentiality of your personal identifiable information. Unfortunately, “perfect security” does not exist on the Internet; we encourage you to investigate all of the security features available to you on the Internet.
F. Submissions: If, we requested you to or you voluntarily submit information, software, postings, text, graphics, sounds, questions, imaginative suggestions or recommendations, messages, comments, feedback, ideas, recipes, notes, drawings, articles, journals, exercise sheets, photos, video, food diaries, stories about yourself or your weight management program, or any other materials to us via fax, email, mail, postings or any other forms of transmission (collectively, called the "Submissions"), the Submissions shall be deemed, and shall remain, our property. Except as indicated in our policy on privacy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, publish, modify, adapt, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any trademarks, copyrights and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You also warrant that any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
G. Links and Related Sites: The terms and conditions site out here apply to this website. You fully acknowledge and fully agree that you are solely responsible for and liable for any and all loss or damage caused directly or indirectly to you or anyone connected to you in connection with you use of, or reference to any and all external sites or resources regardless of whether these are directly or indirectly connected to our websites. You fully acknowledge and fully agree that we are not responsible and are not liable for any content, advertising, products, or other materials on or available from such external websites or resources. You further acknowledge and agree that, regardless of whether we directly or indirectly link to such content, advertisements, products or other resources that under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website).
H. Sourced Products and Services: You may chose to order products, services, or other merchandise through our Website from other parties (referred to as, the "Sourced Sellers"). All matters and concerns regarding the products, services, or merchandise from the Sourced Sellers, including, but not limited to, purchase terms, payment terms, delivery, guarantees, warranties, and maintenance are solely between you and the “Sourced Sellers”. We make no warranties or representations whatsoever with regard to any products, services, or merchandise provided by the “Sourced Sellers”. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
I. Copyright Complaints: We request that you and a party known to you respect the intellectual property rights of our website. We reserve the right, at our discretion, to terminate the rights of any user to use our Website (or any part thereof) who infringe the intellectual property rights of our website. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us immediately.
J. Password and User Account: As the registered user or non-registered user of this Website, you are entirely responsible for (1) maintaining the confidentiality of your password and user account information (2) for any and all activities which occur with the use of your password and user account. If you know or suspect that there is unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password or user account information, your are obligated to NOTIFY US IMMEDIATELY.
K. Health Disclaimer: WeightSavvy Teens & Kids Inc. and its affiliates including Casalubris Inc. is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The purpose of this Website is to provide weight loss management and information to registered users and is intended only to assist users in their personal weight loss efforts. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are strongly urged and advised to seek the advice and approval of a physician before beginning any weight loss effort or regimen. Only healthy Teens, Kids and Adult individuals who have received approval from a physician are intended to use this Website. This is not intended for pregnant women, or individuals with any type of mental or physical health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.
L. Disclaimers of Warranties: The products, offerings, content and material on this website are provided “as is” and without warranties of any kind, either express or implied, including but not limited to, implied warranties or merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement. We nor any of our affiliates, nor any or other respective licensors, licensees, service providers or suppliers warrant that this website or any function contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make this website available are free of viruses or other harmful components. Any products, offerings, content or material downloaded or otherwise obtained through the use of this website is done at your own risk and responsibility. Any and all losses or damages resulting from downloading of information or any other transmissions are the sole responsibility of the users.
M. Limitation of Liability: You clearly understand and you completely agree that “We and our affiliates” are not liable for any indirect, direct, incidental, special, consequential, exemplary or punitive damages and any other damages whatsoever, including but not limited to, damages for loss of profit, use, data, goodwill or any other intangible damages that result from or arise out of (1) the use of any content or any material on this website or affiliated websites (2) the use or failure to use this website or affiliated websites (3) unauthorized access to or alterations of your transmissions or data (4) the cost of procurement of substitute goods and/or services resulting from any products, services, data, information or materials procured or obtained from this website (5) statements or conduct of any sourced sellers or third party users on this website (6) any other matters or concerns relating to our website. In no event shall our total liability to you for all damages, losses and cause of action, whether in contract, tort, including but not limited to negligence or otherwise exceed the amount paid by you, if any, for accessing our website. If you are dissatisfied with any portion of our website, or with any of these terms and conditions, we recommend discontinuation of your use of this website.
N. Indemnification: You agree to indemnify, hold harmless and, at our option, defend WeightSavvy Teens & Kids Inc. and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
O. Governing Law and Choice of Forum: These Terms & Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions shall be filed only in the Provincial courts and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
P. Miscellaneous Terms: In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Q. Modifications: Last modified as of October 1st, 2010.