These Terms and Conditions of Use (the “Agreement”) set out the terms on which (“Weigh in to me” or “we”) will provide Weigh in to me software and services on the Weigh in to me website, and other Weigh in to me controlled or operated websites and through Weigh in to me's mobile device applications (collectively, the “Service”) to you, a user of the Service (“You” or “User”), as well as the benefit of this Agreement to any Weigh in to me officer, director, employee or agent of Weigh in to me or corporate entity affiliated with Weigh in to me (each, a “Weigh in to me Affiliate”).
By providing Your email address and creating an account as a User of the Service, or by otherwise using the Service, You agree to comply with and be bound by this Agreement, which we may change at any time by posting notice on the Service. Users bound by this Agreement include both those using Weigh in to me for their own diet and exercise goals (sometimes referred to as “Individual Users”) and coaches using Weigh in to me to provide coaching services and advice to others (referred to as “Coaches”). PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If You do not agree to these terms and conditions, please do not use the Service.
If You register as a User, You represent and warrant to Weigh in to me that: (i) You are of legal age to form a binding contract; (ii) You will provide Weigh in to me with accurate, current and complete registration information; and (iii) Your registration and Your use of the Service is not prohibited by law. Weigh in to me reserves the right to suspend or terminate Your registration, or Your access to this Service, with or without notice to You, in the event that You breach any term of this Agreement.
The Service is not directed at Users under the age of 18. If You are under the age of 18, You are not permitted to register as a User or use the Service.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Service or used by Weigh in to me to operate the Service, excluding any User Content (as defined below) is proprietary to us or to third parties. Weigh in to me expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by this Agreement, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited.
The information You submit to us as part of Your registration, and any data, photographs, text, graphics, video, and other material that You submit or post to Weigh in to me, including genetic test results (“User Content”), remain Your intellectual property, and Weigh in to me does not claim any ownership of the copyright or other proprietary rights in such information and User Content. Notwithstanding the foregoing, You agree that Weigh in to me may retain copies of all registration information and User Content and use such information and User Content as reasonably necessary for or incidental to its operation of the Service and as described in the Agreement and the Weigh in to me Privacy Policy, and You grant Weigh in to me the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service and as provided for in the Weigh in to me Privacy Policy.
Subject to the terms of this Agreement, Weigh in to me authorizes You to use the Service for Your personal, non-commercial purposes. The Service includes certain premium features and services that Weigh in to me offers for a fee (“Premium Services”); You are only authorized to use Premium Services if You have paid the applicable fees. You may not remove any copyright, trademark or other proprietary notices that have been placed in the Service. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Service, or any portion of the Service, is strictly prohibited without the prior written permission of Weigh in to me. The Service is licensed, not sold, and You obtain no rights in any copy of software related to the Service other than the rights described in this paragraph.
You agree, and represent and warrant, that Your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, You agree that You will comply with all applicable laws, regulations and ordinances relating to the Service or Your use of it, and You will be solely responsible for Your own individual violations of any of any such laws.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
We retain the right to implement any changes to the Service (whether to unpaid or Premium Services) at any time, with or without notice. You acknowledge that a variety of Weigh in to me actions may impair or prevent You from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Weigh in to me has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to You, any content or services.
6.1 Fees and Premium Services
If You purchase any Premium Services, either on a one-time or subscription basis, You will pay Weigh in to me the applicable fees and any related taxes (other than taxes on Weigh in to me's income). Weigh in to me may change its fees at any time by publishing written notice on the Service. You authorize Weigh in to me to charge the applicable fees to the payment card that You submit to Weigh in to me, and agree that Weigh in to me and any Weigh in to me Affiliate may store Your payment card information. You will pay all fees and taxes as they become due. Your obligation to pay fees continues through the end of the subscription period during which You cancel Your subscription. If Your payment card issuer or bank does not honor charges You have paid using Your card, You will remain directly liable to Weigh in to me for all unpaid amounts. If You fail to pay applicable fees, Weigh in to me reserves the right to charge interest at the rate of 1.5% per month, or the maximum amount permitted by law (if lower). You may cancel Your Premium Services here. You also acknowledge that Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
Nonpayment of any fees or other sums due to Weih in to me or any other party related to Your use of the Service will result in Service termination. We may, at our discretion, also appoint an outside debt collection agency to collect amounts owed to us. You agree to reimburse us for all costs that we incur in enforcing our collection of Your unpaid amounts, including debt collection agency fees, reasonable attorneys' and legal fees and court costs.
All overcharges or billing disputes must be reported within 30 days of the time that the dispute occurred. If You dispute a charge to Your payment card issuer that, in our reasonable judgment, is a valid charge under the provisions of this Agreement, You agree to pay us an additional charge (“Administration Charge”) to investigate the matter. We will refund any such Administration Charge if our investigation finds that Your action in disputing the charge to Your card issuer was justified because the charge was not valid under the provisions of this Agreement.
For the purposes of our lifetime Premium subscription, lifetime constitutes 100 years or until the date Weighintome.com ceases to commercially offer the Products.
By signing up for certain subscriptions, You agree that Your subscription will be automatically renewed. Unless You cancel Your subscription, You authorize us to charge Your payment method for the renewal term. The period of auto-renewal will be the same as Your initial subscription period unless otherwise disclosed to You at the time of subscription purchase. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify You of a rate change prior to Your auto-renewal. You must cancel Your subscription in accordance with the cancellation procedures disclosed to You for the particular subscription. We will not refund fees that may have accrued to Your account and will not prorate fees for a cancelled subscription. From time to time, we may offer a free trial subscription for a service. If You register for a free trial subscription, we will begin to bill Your account when the free trial subscription expires, unless You cancel Your subscription before that time.
Returns and refunds as set forth in Section 16.1 below, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All Premium Services and Your rights to use them expire at the end of the paid period of Your Premium Services account.
A number of Service features, such as the feature allowing You to share diet information with friends, and any chat areas and blogs, offer opportunities for sharing information with others (the “Interactive Features”). Weigh in to me does not edit or control User Content that You and other Users post to or distribute through the Interactive Features, and will not be in any way responsible or liable for User Content. Weigh in to me does not vet or control the Users or other individuals that use the Service or Interactive Features. Weigh in to me shall not be liable for any loss or damage that any person may suffer as a result of using Interactive Features. All Users use the Interactive Features at their own risk. Users should exercise caution in interacting with unknown persons that they meet using the Interactive Features in the same way that they would exercise caution in the physical world.
No User of any Interactive Feature shall:
(a) use a Interactive Feature in violation of, or in connection with any violation of, any local, state, national or international laws;
(b) impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content;
(c) except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent;
(d) post any material more than once or “spam”; or
(e) engage in any other conduct that restricts or inhibits any other person from using or enjoying any Interactive Feature, User Content, or the Service, or which, in Weigh in to me's sole judgment, exposes Weigh in to me or any officer, director, employee or agent of Weigh in to me (each a “Weigh in to me Affiliate”) to any liability or detriment of any type.
No User of this Service shall submit, upload to, distribute through or otherwise post to the Weigh in to me website (including any Interactive Feature) any material that:
(a) is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense;
(b) contains any advertising, promotional, solicitation or other commercial material;
(c) contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use;
(d) infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
(e) contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material's readers or others; or
(f) contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
Neither You nor any other party may, without our prior written permission, deep link to, frame, spider, harvest or scrape the Service or User Content, or otherwise access the Service or Content for any purposes, or use any machine, electronic, web-based or similar device to read or extract the Service or User Content by machine based or automated means.
Weigh in to me reserves the right (but is not obligated) to do any or all of the following:
(a) record User Content;
(b) Investigate an allegation that User Content or User registration information does not conform to the terms and conditions of this Agreement;
(c) remove User Content or User registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement;
(d) monitor, edit or disclose any User Content or User registration information, and otherwise generally monitor Your use of the Service; or
(e) edit or delete any User Access , User Content or User registration information, regardless of whether such content violates any terms and conditions of this Agreement.
Weigh in to me and weigh in to me Affiliates have no liability or responsibility to Users of the Service or any other person or entity for performance or nonperformance of the aforementioned activities.
The Weigh in to me website may contain links to third party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Weigh in to me. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any of these third parties.
Weigh in to me is pleased to hear from You and welcomes Your comments about the Service. In the event that You submit ideas or suggestions for the Service (“Service Comments”), the Service Comments will be deemed, and will remain, the sole property of Weigh in to me. None of the Service Comments will be subject to any obligation of confidence on the part of Weigh in to me, and Weigh in to me and Weigh in to me Affiliates will not be liable for any use or disclosure of any Service Comments. Without limiting the foregoing, Weigh in to me will be entitled to unrestricted use and other exploitation of the Service Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Service Comments.
You acknowledge that Your diet and exercise activities involve risks, which may involve risk of bodily injury or death, and that You assume those risks. You should consult a licensed/certified healthcare professional prior to beginning or modifying any diet or exercise program that You undertake, and You acknowledge that Weigh in to me has advised You of the necessity for obtaining such consultations. The Service should not be used by pregnant women. The Service is a source of information, but it does not provide medical advice. Weigh in to me makes no representation that Weigh in to me is a provider of medical services as defined by federal and state laws and regulations pertaining to medical providers and other health care related matters, or that Weigh in to me has any obligations with respect to (a) the appropriateness of Your engaging in a weight loss program; (b) the results (or lack of results) obtained by Your use of the Services; and (c) any health-related matters arising in connection with Your use of Weigh in to me. In no event shall Weigh in to me be liable for any death or bodily injury that You suffer, or that You cause to any third party, in connection with Your use of the Service or any diet, exercise or other activity You undertake in connection with Your use of the Service.
Use of Coaches: Weigh in to me does not screen or test Coaches nor verify the qualifications or experience of any Coach, and Weigh in to me is not responsible for any advice, recommendation, act or omission of any Coach. If You use a Coach in connection with the Service, You do so at Your own risk. You accept the responsibility of verifying whether the Coach is appropriately qualified or experienced and of determining for Yourself whether You should follow any advice or suggestions from the Coach.
Coaches: You shall only act as a Coach if You have appropriate skills, experience and qualifications to do so. If You provide coaching services to any Individual User, You agree that Weigh in to me is not responsible or liable for any act or omission of the Individual User or for the fitness of an Individual User to receive coaching services. Weigh in to me does not screen Individual Users and is not responsible for determining whether an Individual User is prepared for or medically fit for a diet or exercise regime.
Warranties. WITHOUT LIMITATION OF THE FOREGOING, WEIGH IN TO ME AND WEIGH IN TO ME AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE OR USER CONTENT. THE SERVICE AND USER CONTENT ARE PROVIDED IN “AS-IS” CONDITION, AND WEIGH IN TO ME AND WEIGH IN TO ME AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED TO THE EXTENT PERMITTED BY LAW, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICE AND USER CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE AND USER CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE USER CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEIGH IN TO ME OR ANY WEIGH IN TO ME AFFILIATE OR THROUGH THE SERVICE OR USER CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU USE THE SERVICE AND USER CONTENT AT YOUR OWN RISK, AND NEITHER WEIGH IN TO ME NOR WEIGH IN TO ME AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM WEIGH IN TO ME OR WEIGH IN TO ME AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICE OR USER CONTENT, EVEN IF WEIGH IN TO ME OR WEIGH IN TO ME AFFILIATES HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE MAXIMUM AGGREGATE LIABILITY OF WEIGH IN TO ME AND WEIGH IN TO ME AFFILIATES FOR ANY AND ALL DAMAGES ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO WEIGH IN TO ME IN THE THREE (3) MONTHS BEFORE THE LIABILITY IS ALLEGED TO HAVE ARISEN, OR, IF NO AMOUNTS WERE PAID DURING SUCH PERIOD, THE AMOUNT OF $1. THIS LIMITATION WILL APPLY WHETHER THE DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify and hold harmless Weigh in to me and Weigh in to me Affiliates against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys' fees arising in connection with Your use of the Service or Your breach of any provision of this Agreement. Weigh in to me reserves the right the assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which You are obliged to provide indemnification hereunder. You will cooperate with Weigh in to me with respect to such defense and settlement.
Weigh in to me operates the Service under the Privacy Policy published at [http://www.weighintome.com]. We urge You to read this policy now and, because the policy is updated from time to time, later at Your convenience. If we make material changes, as determined by us, in the way in which personal information is collected, used or transferred, we will notify You of these changes by email and by posting a modified version of this Privacy Policy on our website. Your continued use of the Service ten days following any changes means that You accept those changes. Even when we make changes, however, personal information collected by us will be treated in accordance with the version of the Privacy Policy in effect at the time the personal information was collected, unless we obtain Your consent otherwise.
No delay or omission by Weigh in to me in exercising any of its rights occurring upon any noncompliance or default by You with respect to this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Weigh in to me of any of the covenants, conditions or agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between You and Weigh in to me regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of this Agreement constitutes a writing and Your assent to the terms and conditions hereof constitutes a “signing” for all purposes. There shall be no third party beneficiaries to this Agreement other than Weigh in to me Affiliates. In no event shall Weigh in to me be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Weigh in to me's reasonable control.
Effective Date of Terms: 01/12/2018