CalendarFit’s mission is to help people lose weight and live healthy. We strive to do so by providing motivational materials to diet, exercise and engage in other weight loss focused activities (collectively “Services”) through email and other forms of digital and non-digital communication. However, CalendarFit does not provide Services that are an alternative or substitute of those of a medical professional. The Services provided by the Website are not intended to take the place of advice from a trained medical professional. Before altering your diet or level of physical activity, please consult your personal physician or another qualified health professional. ELEMentary Weight Loss disclaims responsibility for the direct or indirect adverse effects resulting from following the information contained within the Services of the Website.
USE OF THE WEBSITE
You may be required to provide information about yourself (such as identification or contact details) as part of the registration process for using the Website. You agree that any registration information you give to ELEMentary Weight Loss will always be accurate, correct and up to date. You agree to use the Website only for purposes that are permitted by (a) the Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by ELEMentary Weight Loss, unless you have been specifically allowed to do so in a separate agreement with ELEMentary Weight Loss. You specifically agree not to access (or attempt to access) the Website through any automated means (including use of scripts or web crawlers). You agree that you will not engage in any activity that interferes with or disrupts the Website (or the servers and networks which are connected to the Website). Unless you have been specifically permitted to do so in a separate agreement with ELEMentary Weight Loss, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any aspect of the Website for any purpose. You agree that you are solely responsible for (and that ELEMentary Weight Loss has no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences (including any loss or damage which ELEMentary Weight Loss may suffer) of any such breach.
RESPONSIBILITY OF WEBSITE VISITORS
ELEMentary Weight Loss 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, ELEMentary Weight Loss 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. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain 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. ELEMentary Weight Loss 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 CalendarFit links, and that link to CalendarFit. ELEMentary Weight Loss does not have any control over those non-ELEMentary Weight Loss websites and webpages, and is not responsible for their contents or their use. By linking to a non-ELEMentary Weight Loss website or webpage, ELEMentary Weight Loss 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. ELEMentary Weight Loss disclaims any responsibility for any harm resulting from your use of non-ELEMentary Weight Loss websites and webpages.
As ELEMentary Weight Loss asks others to respect its intellectual property rights, it respects the intellectual property rights of others. Pursuant to Title 17 of the United States Code, Section 512, ELEMentary Weight Loss has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe that material located on or linked to by ELEMentaryWeightLoss.com violates your copyright, please email us at firstname.lastname@example.org. ELEMentary Weight Loss will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ELEMentary Weight Loss will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ELEMentary Weight Loss or others.
This Agreement does not transfer from ELEMentary Weight Loss to you any ELEMentary Weight Loss or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ELEMentary Weight Loss. ELEMentaryWeightLoss.com, the ELEMentary Weight Loss logo, and all other trademarks, service marks, graphics and logos used in connection with CalendarFit, or the Website are trademarks or registered trademarks of ELEMentary Weight Loss or ELEMentary Weight Loss’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 ELEMentary Weight Loss or third-party trademarks.
ELEMentary Weight Loss 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. ELEMentary Weight Loss may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
ELEMentary Weight Loss 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, you may simply discontinue using the Website. 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 Website is provided “as is”. ELEMentary Weight Loss and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ELEMentary Weight Loss nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
LIMITATION OF LIABILITY
In no event will ELEMentary Weight Loss, or its suppliers or licensors, 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 ELEMentary Weight Loss under this agreement during the twelve (12) month period prior to the cause of action. ELEMentary Weight Loss 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 agree to indemnify and hold harmless ELEMentary Weight Loss, 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 your violation of this Agreement.
This Agreement constitutes the entire agreement between ELEMentary Weight Loss and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of ELEMentary Weight Loss, or by the posting by ELEMentary Weight Loss of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ELEMentary Weight Loss may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.