TERMS AND CONDITIONS
Maverick Media Limited IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), NOR IS THE INFORMATION PROVIDED BY YOU TO Maverick Media Limited CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT.
The information presented on WeightGuards.com is provided for informational purposes only and is in no way intended as a substitute for professional medical advice, diagnosis or treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition or fitness plan offered on or through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition and/or fitness plan as appropriate. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen or any other matter related to your health and well-being.
TABEL OF CONTENT
1. ACCEPTANCE OF AGREEMENT
3. APPLICATION PROCESS
4. COPYRIGHT AND TRADEMARKS
5. LICENCE GRANT
7. DISCLAIMER OF WARRANTIES
8. LIMITATION OF LIABILITY
9. THIRD PARTY WEBSITES
11. BENEFICIAL OWNER
12. HOW TO CONTACT US
1. Acceptance of Agreement
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Website including, but not limited to, your submission of applications to become a Member and/or your purchase of Online Products. The Agreement constitutes the entire and only agreement between you and Maverick Media Limited with respect to your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Website, the content contained therein and/or the analyses, research, opinions and other information provided by or through the Website. WeightGuards may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Website. Your continued use of the Website following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement. You understand and agree that WeightGuards is not responsible or liable in any manner whatsoever for your inability to use the Website and/or obtain any Online Products.
The Website, Membership and/or the Online Products offered are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.
3. Application Process
In order to obtain Online Products and/or become a Member, you must first submit the applicable application form (“Application”) to Maverick Media Limited for review and initial approval. Maverick Media Limited reserves the right, in its sole discretion, to deny the Application of anyone at any time and for any reason, whatsoever. The registration data that you must supply on the Website in order to obtain Online Products may include, without limitation: (a) your full name; (b) mailing address; (c) e-mail address; (d) phone number; (e) credit card information; (f) current weight; (g) goal weight; (h) height; (i) gender; (j) date of birth; and/or (k) any other information requested by us on the applicable form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data (not including Registration Data concerning weight or personal goals), as necessary, in order to maintain it in up to date and accurate fashion. WeightGuards will verify and approve all Applications in accordance with its standard verification procedures.
4. Copyright and Trademarks
"WeightGuards" and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Maverick Media Limited. All other trademarks, product names, company names and logos appearing on the Website are the property of their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively "Content") that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and Maverick Media Limited owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
5. License Grant
As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website. Maverick Media Limited may terminate this license at any time for any reason. Unless otherwise expressly authorized by Maverick Media Limited, as a visitor to the Website, you may only use the Website and its Content for your own personal, non-commercial use. No part of the Website including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Content, and/or any portion thereof. You may not create any "derivative works" by altering any aspect of the Website or its Content. You may not use the Website and its Content in conjunction with any other third-party content. You may not exploit any aspect of the Website and its Content for any commercial purposes not expressly permitted by Maverick Media Limited. You further agree to indemnify and hold harmless Maverick Media Limited for your failure to comply with this Section 9. WeightGuards reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure.
You agree to indemnify and hold Maverick Media Limited, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Maverick Media Limited, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
9. Disclaimer of Warranties
THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WEIGHTGUARDS MAKES NO WARRANTY THAT THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC WEIGHT LOSS OR HEALTH-RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WEIGHTGUARDS WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Maverick Media Limited OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEIGHTGUARDS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Maverick Media Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (Bi) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR VERIFIED PROFILE; (D) THE FAILURE TO REALIZE ANY SPECIFIC WEIGHT LOSS OR HEALTH-RELATED OUTCOME; AND (E) ANY OTHER MATTER RELATING TO THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Maverick Media Limited FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Maverick Media Limited TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED ($500) DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU OR Maverick Media Limited MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Maverick Media Limited. ACCESS TO THE WEBSITE AND/OR THE ONLINE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS Maverick Media LimitedS’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. Third Party Websites
The Website contains links to other websites on the Internet that are owned and operated by third parties. Maverick Media Limited does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Maverick Media Limited of the applicable website or any association with the website’s operators. Because Maverick Media Limited has no control over such websites and resources, you agree that Maverick Media Limited is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Maverick Media Limited shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
The Agreement shall be treated as though it were executed and performed in Stockholm, Sweden and shall be governed by and construed in accordance with the laws of Stockholm, Sweden (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before a judge in Stockholm city. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Maverick Media Limited and governs your use of the Website. Maverick Media Limited’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
13. Beneficial Owner
The legal name of the company owning WeightGuards.com is:
Maverick Media Limited
14. How to Contact Us
If you have any questions about the Agreement or about the practices of WeightGuards, please feel free to contact us at firstname.lastname@example.org or by sending us a mail to:
1905 60th Place E. Suite F1580
Brandenton, FL 34203