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TERMS AND
CONDITIONS OF USE AND PURCHASE
PLEASE READ THE FOLLOWING TERMS AND
CONDITIONS RELATING TO YOUR USE AND PURCHASE OF PRODUCTS BY WEIGHT LOSS
INTERNATIONAL. By purchasing,
accessing, OR USING one or more of these products, you agree to
these Terms and Conditions of Use and Purchase.
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Scope of Terms & Conditions Unless we indicate otherwise, these Terms & Conditions apply to your use
of the The Slim for Life Program, Tracker Online, and The Complete
Slimmers Food Database henceforth known as Products, which are owned and operated
by Weight Loss International, including, without
limitation, this Website and any materials distributed as a part of these Products.
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Terms & Conditions - In General By using these Products, you agree to be legally bound and to abide by
these Terms & Conditions, just as if you had signed this agreement.
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Modification of Terms & Conditions These Terms & Conditions may be modified by our
posting of changes to these Terms & Conditions on this Website. Each
time you access this Website or Products,
you will be deemed to have accepted any such changes.
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Restrictions on Use of Materials Unless otherwise specified, we grant you a non-exclusive,
non-transferable, limited right to access, use and display of these
Products
and Website
and the material provided hereon for your personal, non-commercial use,
provided that you comply fully with the provisions of these Terms &
Conditions. You acknowledge that these Products and Website contains information,
software, photos, video, text, graphics, music, sounds, questions,
creative suggestions, messages, comments, feedback, ideas, recipes,
notes, drawings, articles and other materials (collectively, "Content")
that are protected by copyrights, database rights, patents, trademarks,
trade secrets and/or other proprietary rights, and that these rights are
valid and protected in all forms, media and technologies existing now or
hereafter developed. All Content is copyrighted under applicable
copyright laws. All trademarks appearing on
this Website are trademarks of their respective owners. SLIM FOR
LIFE and WEIGHT LOSS INTERNATIONAL are the trademarks of Weight
Loss International. You may not modify, publish, transmit, distribute,
perform, participate in the transfer or sale, create derivative works
of, or in any way exploit, any of the Content, in whole or in part. When
Content is downloaded to your computer, you do not obtain any ownership
interest in such Content. Modification of the Content or use of the
Content for any other purpose, including, but not limited to, use of any
Content in printed form or on any other Website or networked computer
environment is strictly prohibited unless you receive our prior written
consent.
Privacy Policy
We have established this Privacy Policy so that you can understand the care with which we intend to treat your Personal Information. Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, an address, an email address or other contact information, whether at work or at home, a credit card number and the card expiry date. Our Privacy Policy is designed to protect your personal information in compliance with the law.
Any information given by you, the customer, is collected and used so as to provide you with the product or service you requested. The information given to us on this purchase page is used by us to process your credit card transaction as per the details shown on this page. Your credit card number and expiry date will be submitted to our merchant bank in order to facilitate this purchase.
At all times, your information is kept secure and is not shared with any third party, except as stated above in order to facilitate the purchase. At all times, your information will be kept securely and used only by Weight Loss International. WE DO NOT sell, trade, or make available any of your personal details to any third party.
Secure Storage of Data All personal and
sensitive data, such as credit card numbers, card expiry dates, and
other such sensitive information provided to us by the user, is kept
100% secure and encrypted in scrambled, locked, databases. In
addition, all servers on which our encrypted data is stored is
protected by "best practices" password protected, fortified systems.
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Becoming a User
In purchasing these Products, you agree to
provide us with true, accurate and complete information about yourself, and to
notify us of any changes to keep information accurate. You agree
not to assign, transfer or sublicense your rights as a user of
these Products.
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Usage Conditions You agree to: (a) maintain all
equipment necessary for your access to and use of
weightlossinternational.com and these Products; (b)
maintain the security of your user identification, password and other
confidential information relating to your account; (c) be
responsible for all charges resulting from use of your
account, including unauthorized use prior to your notifying Weight Loss
International of such use and taking steps to prevent its further
occurrence by changing your password; and (d) updating your personal
information, including e-mail address.
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Your Password and User Account As a user of this Website and Products, you are
entirely responsible for maintaining the confidentiality of your
password and user account information. You must notify us immediately in
the event of any known or suspected unauthorized use of your user
account, or any known or suspected breach of security, including loss,
theft, or unauthorized disclosure of your or anyone else's password. You
are entirely responsible for any and all activities which occur under
your user account. You agree to immediately notify us of any
unauthorized use of your user account or any other breach of security
known to you.
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User Profiles
You agree to have access to these Products from no more than two
separate login profiles and/or computers only using browsers where
browser cookies are enabled.
Health Disclaimer
This Website and Products provides weight loss management and information
applications and content distributed to you and published over the Internet and is intended
only to assist users in their personal weight loss efforts. Weightlossinternational.com is not a medical
organization and our staff cannot
give you medical advice or diagnosis. Nothing contained in this Website
or Products
should be construed as such advice or diagnosis. The information and
reports generated by us should not be interpreted as a substitute for
doctor or specialist consultation, evaluation, or treatment. You are urged and advised to seek medical advice before beginning any
weight loss effort or regime. Individuals with any known medical or
health condition are specifically warned to seek professional
medical advice prior to initiating any form of weight loss effort or
regimen. Before starting any weight reduction plan, you should make sure that you
are not underweight.
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Terms of Purchase
By purchasing these Products, you agree
to be legally bound and to abide by these Terms & Conditions, just as if
you had signed this agreement.
At the time of making our payment, you will be deemed to
have accepted these terms and conditions in full. Failure to
inspect this agreement does in no way exclude you from this agreement.
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Definition of Purchase
By making whole or partial payment for
a Product, you are fully bound by these Terms & Conditions.
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Technologies in Use
The Website and Products use many and
varied technologies, including but not limited to, the internet, web
browsing, CGI, browser frames, JavaScript, browser cookies, file
transfer from our Website to you, electronic mail, Microsoft Excel
version 97 or above, http referrers. You agree to supply the
hardware, software, internet connectivity and access necessary to
support these technologies, or forego the functionality that these
technologies bring. Although not all of these technologies are
essential for your use and enjoyment of these Products and Website, many
may be essential to certain types of functionality needed to
successfully use or enjoy all or parts of this Website and Products.
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Membership Term
The Membership Term of these Products,
Website, or Service is at the discretion of Weight Loss International.
"Lifetime", "permanent", or "ongoing" offers of use of these Products
apply only while the Product or Service is still being offered, and
offered in its original form. Membership also is immediately
terminated once a member allows their account to expire.
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Membership Abandonment
Accounts which have not been accessed
by the member within the last 90 day period are classed as abandoned,
and in the interest of general housekeeping, will be automatically
closed and deleted. All account details are completely deleted once
closure occurs. Attempts to contact the member may be made by way
of an email forewarning notification, but closure of accounts are in no
way predicated upon this.
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Loss of Membership Status
By allowing their account to expire, whether deliberate
in purpose or unintentional, holders of such former accounts are now
FORMER MEMBERS, and as such, have no access rights to the program,
support staff, counselors, or web site services in any manner.
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Membership Reinstatement
If a former member requests reinstatement to the program,
reinstatement is solely at the discretion of the Weight Loss
International staff. Their ruling is final. If WLI does
agree to reinstate the former member, a nominal $50 charge is levied to
affray administration costs in manually reestablishing the account and
associated required accesses.
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Standards of Conduct
We reserve the right to discontinue
your Membership Term decisively and without warning if our standards of
conduct for you are not met. Breaches of our standards of behavior
include, but are not limited to: (a) verbal or physical abuse, (b)
verbal or physical threats whether actual or implied, (c) intimidation,
whether directed at our staff, other users of our Products, or members
of our user community; (d) abuse of our Equipment, Website or Services
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Upgrading or Modifications of
Products
Products or Services may be upgraded, augmented, or
changed in format, content, or structure at our discretion. Such
changes may be deemed to form a new Product or Service, and rights from
previous Products or Services are non transferable, and do not extend to
the new Product or Service. From time to time, users of
Products may be allowed to
make use of the material and services of upgraded Products, but
users are in no way entitled to claim usage rights of these Products.
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Discontinuation of Products
Weight Loss International may, at any
time, discontinue or withdraw the offer, support, and access to a
Product, this Website, or Service. At such times, all membership
terms cease.
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Contents of the Slim for Life Program
The Program is made up of several
parts which include, but are not limited to: (a) a sequential
instructional training Program written by the Slim for Life Team
provided via online password protected Website access divided into
sections or parts and offered to you over the Membership Term; (b)
regular electronic messages written by Slim for Life Counselors and sent
to the email address of each Program user we have listed, throughout the
Membership Term; (c) a database lookup tool provided via our Website
containing RDA values of various and assorted foods; (d) various online
calculators for the conversion of figures and numbers relating to food
and weight loss; (e) a downloadable lifestyle monitoring tool based on
Microsoft Excel technologies; (f) some ongoing technical support; (g) an
online password protected profile on weightlossinternational.com
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Contents of Tracker Online
The Product is made up of several
parts which include, but are not limited to: (a) an online based set of
forms which allow you to record eating, aerobic, and anaerobic physical
behavior; (b) various calculations performed on the data you provide;
(c) food data; (d) an interface with our Food Database; (e) an interface
with a Personal Food Database
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Contents of The Complete Slimmers
Food Database
The Product is made up of several
parts which include, but are not limited to: (a) online web access to
our Food Database; (b) a search function to interrogate our Food
Database; (c) the results of any such interrogation, being: i. Food
names, ii. RDA values, iii. Energy values measured in calories and
kilojoules, iv. Calorie density values, v. Weight values, measured in
ounces and grams, vi. Possible secondary food descriptions
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Limitation of Contents of Products
No Product feature outside of the
specified Contents as stated in these Terms & Condtions are guaranteed, in an explicit or implicit
form.
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Division of Program Content
Individual parts of the Program may be
highlighted for descriptive or promotional purposes. All parts of
the Program are included automatically and are delivered in a unified
program, according to the Contents of Program. Program parts are
supplied according to a preset timeline established by the Program.
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Terms of Technical Support
Limited technical support is provided
throughout the Membership Term. Where access to the Program
extends beyond the original Membership Term, no technical support is
supplied. Support is provided via electronic emails and in no
other form. Support is provided to assist in technical matters
directly related to the access and usability of the Website and
usability of the Program contents. No support is provided for the
Technologies in Use. No warranties or guarantees are given on the
form, type, extent, or turn around time of support. Technical
support may be available for Technologies in Use under a separately
purchased support agreement.
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Limitation of Refunds
Weight Loss International offers and
provides no refunds, in part or in whole, of the initial or ongoing
costs, fees, or payments made, whether in partial or in full, for the purchase and/or use of
these Products or Website. The transaction of all monies from you to
Weight Loss International is final. No refunds are given for
mistaken identity, change of heart, matters of expectations, for
termination due to breaches in Terms & Conditions, or under any other
conditions.
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Breach of Terms & Conditions
By using these Products, you agree to be legally bound and to abide by
these Terms & Conditions, just as if you had signed this agreement. If
you do not comply with these Terms & Conditions at any time, we reserve
the right, to terminate your password, user account,
and/or access to this Website or Program (or any part thereof). In our sole
discretion and without prior notice or liability, we may discontinue,
modify or alter any aspect of the Website or Program, including, but not limited
to: (a) restricting the time the Website is available, (b) restricting
the amount of use permitted, and (c) restricting or terminating any
user's right to use the Website or Program. You agree that any
termination or cancellation of your access to, or use of, the Website or
Program may be effected
without prior notice. If you do not abide by the provisions of these
Terms & Conditions, except as we may otherwise provide from time to
time, you agree that we may immediately deactivate or delete your user
account and all related information and files in your user account
and/or bar any further access to such information and/or files, or our
Website. Further, you agree that we shall not be liable to you or any
third-party for any termination or cancellation of your access to, or
use of, our Website or Program. From time to time, we may supplement these Terms & Conditions with
additional terms and conditions pertaining to specific content,
activities or events ("Additional Terms"). Such Additional Terms may be
placed on the Website to be viewed in connection with the specific
content, activities, features or events and shall be identified as such.
You understand and agree that such Additional Terms are hereby
incorporated by reference into these Terms & Conditions.
Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON these Products AND
WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE,
COMPATIBILITY, SECURITY, OR ACCURACY. NEITHER WEIGHTLOSSINTERNATIONAL.COM, OR THE OWNERS OF these Products OR SITE,
AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
CONSULTANTS OR INFORMATION PROVIDERS OR SUPPLIERS,WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT,
OFFERING, CONTENT OR MATERIAL. NEITHER WEIGHTLOSSINTERNATIONAL.COM, OR THE OWNERS OF these Products OR SITE,
AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
CONSULTANTS OR INFORMATION PROVIDERS OR SUPPLIERS,
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS
WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM
OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS &
CONDITIONS.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS
YOU MAY HAVE AGAINST WEIGHTLOSSINTERNATIONAL.COM, OR THE OWNERS OF these
Products OR SITE, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, CONSULTANTS OR INFORMATION PROVIDERS OR SUPPLIERS FOR
LOSSES OR DAMAGES YOU MAY SUSTAIN IN CONNECTION TO these Products OR
WEBSITE.
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Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), ARISING OUT OF, OR RESULTING FROM, (a) THE USE OR THE
INABILITY TO USE THE WEIGHTLOSSINTERNATIONAL.COM SITE; (b) THE USE OF ANY CONTENT OR
OTHER MATERIAL OF THE SLIM FOR LIFE PROGRAM; (c) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE OR PROGRAM; (d)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (f) ANY
OTHER MATTER RELATING TO OUR WEBSITE OR PROGRAM. IN NO EVENT SHALL OUR TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR
WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE,
PROGRAM OR SERVICE, OR
WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS
THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE OR PROGRAM. 30. Indemnification
You agree to indemnify, hold harmless and, at our option, defend
weightlossitnernational.com and our owners, and our and their officers,
directors, employees, stockholders, agents and representatives from any
and all third party claims, liability, damages and/or costs (including,
but not limited to, reasonable attorneys fees and expenses) arising from
your improper use of this Website or our products or offerings, your
violation of these Terms & Conditions, or your infringement, or the
infringement or use by any other user of your account, of any
intellectual property or other right of any person or entity.
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