Terms
and Conditions
Last Updated on 25 May 2020
Important Information
You should carefully read the following Terms and Conditions (also
referred to as the "Terms of Use", "Terms of Service" or
"TOS"). Your use of our service(s) implies that you have read and
accepted these Terms and Conditions. The Website (all WLA Weight Loss Achievable websites, blog and all social media platforms (including, but not
limited to LinkedIn, Facebook, Instagram and Twitter) and content derived from
affiliate partners and joint ventures partners may hereafter be referred to,
both individually and collectively, as "The Website") from which you
accessed this agreement is provided to you subject to the conditions listed
below. These terms are in addition to any other terms that individual Website
owners within WLA Weight Loss Achievable may include for governing access to
their Websites.
Any Non-Human Visitors to these Websites shall be considered agents of
the individual(s) who controls, authors or otherwise makes use of them. Such
individual(s) shall be deemed responsible for the actions of their Non-Human
Visitor devices in the same manner as if they personally visited the Website.
The access rights granted to you under the Terms Of Use are
non-transferable without the express written permission of the owner of WLA
Weight Loss Achievable. You are responsible for the actions of any other person
who may utilize your access rights on the WLA Weight Loss Achievable Website.
Introduction
The following terms and conditions govern all use of the WLA Weight Loss
Achievable Website(s) and all content, services and products available at or
through the Website. The Website is offered subject to your acceptance without
modification of all of the terms and conditions contained herein and all other
associated operating rules and policies (including, without limitation, WLA
Weight Loss Achievable Privacy Policy).
Please read this Agreement carefully before accessing or using the WLA
Weight Loss Achievable Website. By accessing or using any part of the Website,
you agree to become bound by the terms and conditions of this agreement. If you
do not agree to all the terms and conditions of this agreement, then you may
not access the Website or use any services. If these terms and conditions are
considered an offer by WLA Weight Loss Achievable, acceptance is expressly
limited to these terms.
The Website is available only to individuals who are at least 13 years
old. If you are not yet 13 years old, you must stop using the Website
immediately or else provide WLA Weight Loss Achievable with written parental
approval.
Our basic products and services are free to both Website owners &
individual users. However we may offer some paid upgrades for advanced features
such as domain hosting or extra disk space or bandwidth.
Our products and services are designed to give Website owners as much
control and ownership over their site as possible and to encourage
users/members to express themselves freely. However, each site owner must be
responsible for the content of their site. In particular, as a site owner, you
must make certain that none of the prohibited items listed below appear on your
site or get linked to from your site (things like spam, viruses, or hate
content).
SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN
VISITORS
A special restriction on a visitor's license to access the Website
applies to all Non-Human Visitors. Non-Human Visitors include, but are not
limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any
other computer programs designed to access, read, compile or gather content
from the Website automatically.
Email addresses on WLA Weight Loss Achievable are considered proprietary
intellectual property. It is recognized that these email addresses are provided
for human visitors alone. You acknowledge and agree that each email address the
Website contains has a value not less than US $50. You further agree that the
compilation, storage, and/or distribution of these addresses substantially
diminishes the value of these addresses. Intentional collection, harvesting,
gathering, and/or storing the Website's email addresses is recognized as a
violation of this agreement and expressly prohibited.
Ownership
You do not claim intellectual property right or exclusive ownership to
any of our products or services, whether modified or unmodified. All products
and services are the property of WLA Weight Loss Achievable. Our products and
services are provided 'as is' without warranty of any kind, either expressed or
implied. In no event shall our organization (or any business or individual
associated with WLA Weight Loss Achievable) be liable for any damages
including, but not limited to, direct, indirect, special, punitive, incidental
or consequential, or other losses arising out of the use of or inability to use
our products or services.
Your WLA Weight Loss Achievable Account and Site
If you create a site with WLA Weight Loss Achievable, you are
responsible for maintaining the security of your account and site, and you are
fully responsible for all activities that occur under the account and any other
actions taken in connection with the site. You must not describe or assign
keywords to your site in a misleading or unlawful manner, including in a manner
intended to trade on the name or reputation of others, and WLA Weight Loss
Achievable may change or remove any description or keyword that it considers
inappropriate or unlawful, or otherwise likely to cause WLA Weight Loss
Achievable to be positioned for possible liability. You must immediately notify
WLA Weight Loss Achievable of any unauthorized uses of your site, your account
or any other breaches of security. WLA Weight Loss Achievable will not be
liable for any acts or omissions by you, including any damages of any kind
incurred as a result of such acts or omissions.
Responsibility of Contributors
If you operate a Website, comment on a Website, post material to the
Website, post links on the Website, or otherwise make (or allow any third party
to make) material available by means of the Website (any such material,
'Content'), You are entirely responsible for the content of, and any harm
resulting from, that Content. That is the case regardless of whether the
Content in question constitutes text, graphics, an audio file, computer
software or any other type of electronic content. By making Content available,
you represent and warrant that:
Ä the downloading, copying and use of the Content will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark or trade secret rights, of any third party;
Ä you have fully complied with any third-party licenses relating to the
Content, and have done all things necessary to successfully pass through to end
users any required terms;
Ä the Content does not contain or install any viruses, worms, malware,
Trojan horses or other harmful or destructive content;
Ä the Content is not spam, is not machine- or randomly-generated, and does
not contain unethical or unwanted commercial content designed to drive traffic
to third party sites or boost the search engine rankings of third party sites,
or to further unlawful acts (such as phishing) or mislead recipients as to the
source of the material (such as spoofing);
Ä the Content is not obscene, libellous, defamatory, hateful or racially
bigoted, does not violate the privacy or publicity rights of any third party
and is not otherwise unlawful;
Ä your site is not named in a manner that misleads your readers into
thinking that you are another person or company. For example, your site's URL
or name is not the name of a person other than yourself or company other than
your own; and
Ä you have, in the case of Content that includes computer code, accurately
categorized and/or described the type, nature, uses and effects of the
materials, whether requested to do so by WLA Weight Loss Achievable or
otherwise.
By submitting Content to WLA Weight Loss Achievable for inclusion on the
Website, you grant WLA Weight Loss Achievable a world-wide, royalty-free, and
non-exclusive license to reproduce, modify, adapt and publish the Content solely
for the purpose of displaying, distributing and promoting your site or Content.
If you delete Content and advise WLA Weight Loss Achievable, WLA Weight Loss
Achievable will use reasonable efforts to remove said Content from the Website
(generally within two business days), but you acknowledge that caching and/or other
references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, WLA Weight
Loss Achievable has the right (though not the obligation) to, in WLA Weight
Loss Achievable’s sole discretion (i) refuse or remove any content that, in WLA
Weight Loss Achievable’s reasonable opinion, violates any WLA Weight Loss
Achievable’s policy or is in any way harmful, unlawful or objectionable, or
(ii) terminate or deny access to and use of the Website to any individual or
entity for any reason, in WLA Weight Loss Achievable’s sole discretion. WLA
Weight Loss Achievable will have no obligation to provide a refund of any
amounts previously paid.
Fees and Payment
Optional premium paid services (such as domain purchases, etc.) may be
available on the Website. By selecting a premium service you agree to pay WLA
Weight Loss Achievable the monthly or annual subscription fees indicated for
that service. Payments will be charged on the day you sign up for a premium
service and will cover the use of that service for a monthly or annual period
as indicated. Premium service fees are not refundable.
Responsibility of Website Visitors
WLA Weight Loss Achievable has not reviewed, and cannot review, all of
the material, including computer software, posted to the Website, and cannot
therefore be responsible for that material's content, use or effects. By
operating the Website, WLA Weight Loss Achievable does not represent or imply
that it endorses the material there posted, or that it believes such material
to be accurate, useful or non-harmful. You are responsible for taking
precautions as necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive content. Any
user or site owner who finds content that is offensive, indecent, or otherwise
objectionable, or content containing technical inaccuracies, typographical
mistakes, or other errors has a responsibility to report such Content to WLA
Weight Loss Achievable. In the same way, anyone who discovers Content on the
Website that contains material that violates the privacy or publicity rights,
or infringes the intellectual property and other proprietary rights, of third
parties, or the downloading, copying or use of which is subject to additional
terms and conditions, stated or unstated, must report the same to WLA Weight
Loss Achievable. WLA Weight Loss Achievable disclaims any responsibility for
any harm resulting from the use by visitors of the Website, or from any
downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including
computer software, made available through the Websites and WebPages to which WLA
Weight Loss Achievable links, and that link to WLA Weight Loss Achievable. WLA
Weight Loss Achievable does not have any control over those non- WLA Weight
Loss Achievable Websites and WebPages, and is not responsible for their content
or their use. By linking to a non- WLA Weight Loss Achievable Website or
webpage, WLA Weight Loss Achievable does not represent or imply that it
endorses such Website or webpage. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from viruses, worms,
Trojan horses, and other harmful or destructive content. WLA Weight Loss
Achievable disclaims any responsibility for any harm resulting from your use of
non- WLA Weight Loss Achievable Websites and WebPages.
Copyright Infringement and DMCA Policy
As WLA Weight Loss Achievable asks others to respect its intellectual
property rights, it respects the intellectual property rights of others. If you
believe that material located on or linked to by WLA Weight Loss Achievable violates
your copyright, you are encouraged to notify WLA Weight Loss Achievable. WLA
Weight Loss Achievable will respond to all such notices, including as required
or appropriate by removing the infringing material or disabling all links to
the infringing material. In the case of a visitor who may infringe or
repeatedly infringes the copyrights or other intellectual property rights of WLA
Weight Loss Achievable or others, WLA Weight Loss Achievable may, in its
discretion, terminate or deny access to and use of the Website. In the case of
such termination, WLA Weight Loss Achievable will have no obligation to provide
a refund of any amounts previously paid to WLA Weight Loss Achievable.
Intellectual Property
This Agreement does not transfer from WLA Weight Loss Achievable to you
any WLA Weight Loss Achievable or third party intellectual property, and all
right, title and interest in and to such property will remain (as between the
parties) solely with WLA Weight Loss Achievable. WLA Weight Loss Achievable,
the WLA Weight Loss Achievable domain, the WLA Weight Loss Achievable logo, and
all other trademarks, service marks, graphics and logos used in connection WLA
Weight Loss Achievable, or the Website are trademarks or registered trademarks
of WLA Weight Loss Achievable’s licensors. Other trademarks, service marks,
graphics and logos used in connection with the Website may be the trademarks of
other third parties. Your use of the Website grants you no right or license to
reproduce or otherwise use any WLA Weight Loss Achievable or third-party
trademarks.
Changes
WLA Weight Loss Achievable reserves the right, at its sole discretion,
to modify or replace any part of this Agreement. It is your responsibility to
check this Agreement periodically for changes. Your continued use of or access
to the Website following the posting of any changes to this Agreement
constitutes acceptance of those changes. WLA Weight Loss Achievable may also,
in the future, offer new services and/or features through the Website
(including, the release of new tools, services and resources). Such new
features and/or services shall be subject to the terms and conditions of this
Agreement.
Termination
WLA Weight Loss Achievable may terminate your access to all or any part
of the Website at any time, with or without cause, with or without notice,
effective immediately. If you wish to terminate this Agreement or your WLA
Weight Loss Achievable account (if you have one), you may simply discontinue
using the Website. Notwithstanding the foregoing, if you have a VIP, Premium or
other Paid Services account, such account can only be terminated by WLA Weight
Loss Achievable if you materially breach this Agreement and fail to cure such
breach within thirty (30) days from WLA Weight Loss Achievable’s notice to you
thereof; provided that, WLA Weight Loss Achievable can terminate the Website
immediately as part of a general shut down of our service or other lawful
reason. Additionally, a paid account may be temporarily terminated pending a
determination of the facts relating to a possible breach of this Agreement.
Upon termination, all provisions of this Agreement which by their nature should
survive termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
Disclaimer of Warranties
The materials on WLA Weight Loss Achievable’s Website are provided 'as
is'. WLA Weight Loss Achievable makes no
warranties, expressed or implied, and hereby disclaims and negates all other
warranties, including without limitation, implied warranties or conditions of
merchantability, fitness for a particular purpose, or non-infringement of
intellectual property or other violation of rights. Further, WLA Weight Loss
Achievable does not warrant or make any representations concerning the
accuracy, likely results, or reliability of the use of the materials on its
Internet Website or otherwise relating to such materials or on any sites linked
to this site.
Limitation of Liability
In no event will WLA Weight Loss Achievable, or its suppliers or
licensors, or any individuals associated with those entities, be liable with
respect to any subject matter of this agreement under any contract, negligence,
strict liability or other legal or equitable theory for: (i) any special,
incidental or consequential damages; (ii) the cost of procurement or substitute
products or services; (iii) for interruption of use or loss or corruption of
data; or (iv) for any amounts that exceed the fees paid by you to WLA Weight
Loss Achievable under this agreement during the twelve (12) month period prior
to the cause of action. WLA Weight Loss Achievable shall have no liability for
any failure or delay due to matters beyond their reasonable control. The
foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in
strict accordance with the WLA Weight Loss Achievable Privacy Policy, with this
Agreement and with all applicable laws and regulations (including without
limitation any local laws or regulations in your country, state, city, or other
governmental area, regarding online conduct and acceptable content, and
including all applicable laws regarding the transmission of technical data
exported from the country in which you reside) and (ii) your use of the Website
will not infringe or misappropriate the intellectual property rights of any
third party.
Indemnification
You agree to indemnify and hold harmless WLA Weight Loss Achievable, its
contractors, and its licensors, and their respective directors, officers,
employees and agents from and against any and all claims and expenses,
including attorneys’ fees, arising out of your use of the Website, including
but not limited to out of your violation of this Agreement.
APPLICABLE LAW AND JURISDICTION
Each party agrees that any suit, action or proceeding brought by such
party against the other in connection with or arising from the Terms of Service
("Judicial Action") shall be governed by the law of the state of
residence of the registered Administrative Contact (the "Admin
State") for the Website as such laws are applied to agreements between
Admin State residents entered into and performed entirely within the Admin
State. You consent to the jurisdiction of federal and state courts within the
Admin State. You consent to the venue in any action brought against him in
connection with breaches of these Terms of Service. You consent to electronic
service of process regarding actions under the above agreement.
RECORDS OF VISITOR USE AND ABUSE
You consent to having your Internet Protocol address recorded. An email
address may appear immediately below (the "Identifier") if we suspect
potential abuse. The Identifier is uniquely matched to your Internet Protocol
address. Visitors agree not to use this address for any reason.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A
THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN
ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.
Site Terms of Use Modifications
WLA Weight Loss Achievable may revise these Terms of Use for its Website
at any time without notice. By using this Website you are agreeing to be bound
by the then current version of these Terms and Conditions of Use.
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