may be referred to as Licensee. The terms 'You' or 'Licensee' includes you and
any of your owners, employees, partners, independent contractors, subsidiaries,
affiliates, attorneys, agents, heirs, and assigns.
may be referred to as Licensor. The terms 'Us,' 'We,' or 'Licensor' includes our
owners, employees, subsidiaries, independent contractors, agents, attorneys, and
must be at least 18 years old to access this website or to purchase products or
services from us.
do not direct this website to minors, nor do we knowingly collect any personal
information from children under the age of thirteen.
CONTENT IS PROVIDED "AS IS" AND ANY AND ALL WARRANTIES ARE DISCLAIMED,
WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
cumulative liability to you or anyone else for any loss or damages resulting from
any claims, demands, or actions arising out of or relating to this Agreement or
use of the content or website shall not exceed the amount you have paid to us
for the product or service. In no event shall we be liable for any indirect, incidental,
consequential, special, or exemplary damages or lost profits, even if we have
been advised of the possibility of such damages. You agree that the foregoing
constitutes your sole and exclusive remedy for any breach of this Agreement. SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
There is no promise or representation that you will lose weight or improve your
health as a result of using our products and services. As with any weight or health
issue, your results will vary and will be based on your personal abilities, experience,
knowledge, capabilities, level of desire, and an infinite number of variables
beyond our control, including variables we or you have not anticipated. There
are no guarantees concerning the level of success you may experience. Each person's
results will vary.
are unknown risks in any weight or health issue, particularly with the Internet
where advances and changes can happen quickly.
use of our information, products and services should be based on your own due
diligence and you agree that we are not liable for your success or failure.
will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise
dispose of the content, or any part of it, or share your rights under this Agreement,
will not give others access to your username and password.
will not violate any laws, third party rights, or this Agreement. This includes,
but is not limited to, not posting any material or content that is defamatory,
harassing, belongs to someone else, is obscene or pornographic
will not provide false or misleading information to us.
to Use Information
you communicate with us, send us information, or provide content to us or our
website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable right to exercise all copyright and publicity rights you have in
the content, in any manner whatsoever, in any media now known or which may be
created in the future, including in other works and forms not associated with
Waiver of Rights
failure to enforce any rights granted in this Agreement or to take action against
any other party in the event of any breach shall not be deemed a waiver by us
as to subsequent enforcement of rights or subsequent actions in the event of future
respect your interest in your privacy and as a result we have created this informational
collect and use personal information for many purposes, including but not limited
to, billing; product and service fulfillment; to better understand our customer
needs; to provide a better website, products and services; to communicate with
customers and potential customers regarding our products and services and third
party products and services.
use third-party advertising companies to serve ads when you visit our website.
These companies may use information (not including your name, address, email address,
or telephone number) about your visits to this and other websites in order to
provide advertisements about goods and services of interest to you. If you would
like more information about this practice and to know your choices about not having
this information used by these companies, click
your private information will only be disclosed to our owners, employees, independent
contractors, subsidiaries, partners, affiliates, attorneys, consultants, business
associates, service providers, suppliers and agents, acting on our behalf or request.
This general rule, and disclosures in specific situations, is more particularly
Collected by our ISP
hosting provider for this Internet site (as with any Internet site) has the ability
to record various information, including domain name, pages accessed, date and
time of access, web browser type and computer operating system, and referring
information, and to disclose this information. This is most commonly done by providing
access to raw server logs. For more information you should perform an Internet
search on 'server logs' or 'raw server logs.' We may have access to our raw server
logs and access reports prepared by our hosting provider.
Information for Billing Purposes
sell products and services. When sales are made, financial information must be
disclosed. This information can include any number of facts you are asked to provide,
but most commonly includes your name, financial / credit card information, billing
address, and email address. Generally, this purchase information will be provided
by you to a third party payment processor and we do not receive your financial
/ credit card information.
the event we do receive financial / credit card information, we will not disclose
it to anyone unless disclosure is required by law or a court order, or unless
disclosure is required to address an issue implicated by the financial transaction.
If you claim that your financial information was used to make a purchase you did
not authorize, details about the financial transaction may be disclosed to law
enforcement and anyone else we deem necessary to address the matter.
make commissions from sales from this website. In the spirit of full disclosure,
I identify all sponsors to you. I am not an employee of any of these companies,
nor did they ask me to build this website. However I fully support the work of
all these organizations.
of eMail Addresses and other Contact Information
important part of our services includes being able to provide information to you.
As a result, you expressly consent to receiving communications from us via email,
fax, telephone, mail, or any other delivery method.
a customer you are agreeing to receive information about the product or service
you purchased. This may include, but is not limited to, information about product
or service updates, new features, or information we believe you may find interesting.
may also send you information about other products and services our company offers.
will not sell, provide, or transfer you email address to others.
may allow advertising to our customers, or engage in joint ventures, which result
in your receiving advertisements from selected third parties.
you purchase one of our products or services, you authorize us to use your name
and identification information in advertising or promotions.
also use personal information in an aggregate form (i.e., not individually attributable
to you) for business analysis, operational, marketing and other promotional purposes.
and Web Beacons
may be used to keep track of referred affiliate commissions and to monitor access
purpose of determining which search engines, referring sites, key words, etc.,
bring visitors to our website, which pages visitors are most interested in, what
web browsers are used, etc. Various providers may be used for this purpose. The
purpose is to obtain information that will help promote the website, make the
website more interesting and useful to visitors, and to identify areas where improvement
various third party information suppliers and other entities that provide information
but are not necessarily limited to billing providers, third party advertisers,
and third party resources we promote.
information may be disclosed if required by a court order, statute, law, or regulation.
is subject to disclosure to address a claim that you are violating the terms of
any agreement pertaining to your use of your use this website or our products
or services, or rights of any third party.
is also subject to disclosure if we believe that disclosure is necessary to identify,
contact or bring an action against someone who may be causing injury to or interfering
(either intentionally or unintentionally) with our rights or property, your rights
or property, other users of our website, products or services, or anyone else.
we continue to develop our business, we or our affiliates may sell or buy other
businesses or entities, or we may merge with another company, or be bought by
another company. In such transactions, personal information may be one of the
information may be stored and processed in any country in which we maintain facilities
or conduct operations. By using our website, products and services, you consent
to any such transfer of information outside of your country.
your account becomes inactive your information may remain in our databases, computers,
and archives, and cannot reasonably be expunged.
Agreement in all respects shall be governed by and construed according to the
laws of the State of North Carolina, to the exclusion of any other applicable
body of governing law, without regard to conflicts of laws principles.
Agreement is entered into in Cleveland County, North Carolina. You consent to
the exclusive jurisdiction of North Carolina for any dispute arising from or related
to this Agreement.
agree that the exclusive venue for any dispute arising from or related to this
Agreement will be a court located in Cleveland County, North Carolina.
any term of this Agreement be declared void or unenforceable, that term shall
be severed from the Agreement such declaration shall have no effect on the enforceability
of the remaining terms.
Agreement contains the complete and entire understanding and agreement between
you and us and supersedes any previous communications, representations, or agreements,
verbal or written, related to the subject matter of this Agreement.
Agreement may not be modified or amended orally, impliedly, or in any manner not
set forth in writing or permitted by this Agreement.
Agreement may be amended by us at any time and without notice, but only by amending
this Agreement as posted on this website, unless otherwise agreed to in a writing
signed by both of us.
amendments will become effective 30 days after being posted on the website, unless
circumstances require that a change be immediately implemented. As a condition
for this Agreement you agree to periodically check this Agreement posted at this
agree that your continued use of our product or service after that date will constitute
your consent and acceptance of the amendment.
Agreement Revised: April 22, 2009.
Throughout this website, statements are made pertaining to the properties
and/or functions of food and/or nutritional products. These statements
have not been evaluated by the Food and Drug Administration and
these materials and products are not intended to diagnose, treat,
cure or prevent any disease.