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Thin for Life
Terms of Use
As a Thin for Life registered
Member you agree to the follow the Policies & Guidelines:
IMPORTANT!
READ THIS ENTIRE AGREEMENT CAREFULLY.
THESE ARE THE
TERMS AND CONDITIONS GOVERNING YOUR USE OF OUR WEB SITE AND OUR
MEMBERSHIP BENEFITS
Definitions:
a. Site-The official Thin for Life website under the domains
of www.thinforlife.info or
www.thinforlife.net),
and other such
domain names as Thin for Life may make available from time to time.
b. Thin for Life-All authorized
representatives of the Thin for Life website and authorized
representatives of The Center, Inc.
c. Eligible Users-
individuals and legal entities that can form legally binding
contracts under applicable law.
d. Membership-When an individual has paid a registration fee to
obtain the benefits featured on the Thin for Life Website.
e. Membership Benefits. The following features are Membership
Benefits:
Monthly Hope Newsletter, Personal Trainer On-Line Software,
Inspirational Calendar, Discussion Board, Flash Chat for Members,
Flash Chat with Dr. Jantz and staff, Photo Gallery, Discounts on
Product Resources, Knowledge Base/FAQ, and Special Reports.
f. A 'Registered Member(s)', 'Thin for Life Member(s)' or
Member(s)
is any individual(s) that have paid for a Membership, regardless of
the length of Membership they have purchased.
Members must provide a valid email address.
g. Inactive Member(s)-A Registered Member who has been prevented
from using any/all Membership benefits because of violating any
Policies or Guidelines.
h.
Registration Data-Personal data collected from Member at time of
registration.
i. Subscription Period-The Membership length chosen by
Registered Member.
i. Membership Discount-Members are able to receive a 10%
discount on all products for sell on the The Center, Inc./A Place of
Hope website. This policy even applies to specials. However, Thin
for Life, at its own discretion, may chose to
disallow a 10% discount on certain specials.
k.
Materials-Creative suggestions, ideas, notes, concepts,
information, photos by Members.
WELCOME to the
Thin for Life Site. By accessing or using this Site, you agree to be
legally bound by this Agreement, and agree to all operating rules
and/or policies of Thin for Life that may be published on this Site.
All such rules and policies, including, without limitation, our
privacy policy are hereby incorporated into this Agreement by
this reference.
IF YOU DO NOT
ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT
ACCESS THE SITE OR USE ANY OF THE Membership Benefits.
The Membership Benefits available are only to Eligible Users. As an
Eligible User you expressly represent that you have the capacity
under applicable law to enter into a legally binding contract.
I.
System
Requirements.
Eligible Users must have a computer, and an Internet or AOL
connection. Thin for Life, Inc. assumes no responsibility for
Member's computer systems, hardware, software or program
malfunctions or for other errors, failures, or delays in network
connections. Thin for Life reserves the right, in its sole
discretion, to cancel or suspend this program should virus, bugs, or
other causes corrupt the administration, security or proper function
of this program.
The Thin for Life
tools work best with Internet Explorer 6.0+ at resolution 800 x 600.
II. Scope of
Use.
Thin for Life is a publisher and not a healthcare practitioner. The
material provided on the Site is for general informational purposes
only. The material is not intended as a substitute for medical
and/or health advice. The material on the Site should not be relied
upon for seeking medical and health recommendations. You bear
responsibility for your own health and diet research and decisions.
Please consult with your physician or healthcare practitioner before
dieting or making any personal health decisions.
III.
Login ID and Account Password.
You will be able to access Membership Benefits only as a Registered
Member. As a Registered Member, you will receive or establish a
password and a username to access the Registered Area. Maintaining
the confidentiality and security of your password and username is
solely your responsibility. You agree that Thin for Life will not be
responsible for any losses you incur in connection with any misuse
of your password. Notify Thin for Life immediately if your password
has been stolen or its security has been otherwise compromised.
IV.
Accurate
Information; Privacy.
You agree to provide Thin for Life current, complete, and accurate
information as required to complete the registration form and to
maintain and update this information as required to keep it current,
complete, and accurate. You agree not to use a false or misleading
name or a name that you are not authorized to use. If Thin for Life
suspects that your Registration Data is not current, incomplete, or
inaccurate, Thin for Life may make you an Inactive Member and pursue
any appropriate legal remedies. Click
here to
review our Privacy Policy for further information concerning the use
of your Registration Data.
V.
Payment.
Current subscription rates are posted on this Site. Payment for Site
Membership is due in advance of the subscription period you select
during registration process. Your subscription shall continue and
will renew automatically, unless terminated or cancelled in
accordance with this Agreement. The appropriate annual, quarterly,
or similar periodic fee for your subscription will be billed
automatically at the beginning of each Subscription Period to
the credit card you designate during the registration process unless
you cancel your subscription before the Subscription Period ends.
You agree to pay all fees and charges incurred in connection with
your username and password (including any applicable taxes) at the
rates in effect when the charges were incurred.
You agree that Thin for Life will not be obligated to
send you any renewal or advance billing notices or confirmations
that your credit card has been charged. You
have 60 days from the date that any discrepancies in your statement
or any invoice first appear to notify us; after that time, all
charges will be deemed correct. You agree to pay all amounts due
upon our demand. In the event Thin for Life has to collect unpaid
amounts you owe, you will be liable for all attorneys' and
collection agency fees.
If you sign up
for a Special that is for a 30 Day FREE Subscription, your account
will be automatically renewed for a quarterly subscription
unless you delete your account per VI listed below. No exceptions.
You will receive at least one reminder to cancel your account if you
do not want to renew.
VI. Guarantee/Cancellation.
FREE Subscription
Cancel within the first 30 days and your membership will not be
renewed. You may cancel your subscription to Thin for Life by
sending an
e-mail to the Site Administrator stating "Cancel My Thin for
Life Membership" or deleting your account by accessing the Control
Panel. You agree that Thin for Life will not
be obligated to send you any renewal or advance billing notices or
confirmations that your credit card has been charged.
90-Day Express
If you purchased the 90-Day Express Program from The Center, Inc.
then your first 90 days of Thin for Life is free. After 90 days you
will be automatically subscribed for a paid quarterly membership.
You must cancel your Thin for Life Membership prior to the end of
the first 90 days if you do not want a paid memberhsip.
PAID Subscription
During the first 10 days of the Subscription Period, you
may cancel your subscription to Thin for Life by sending an
e-mail to the Site Administrator stating "Cancel My Thin for
Life Membership" or deleting your account by accessing the
Control Panel. You will
receive a full refund.
After the first 10 days you may terminate your subscription, but you
will not be entitled to any refund or credit.
VII.
Individual
Use.
You are only authorized to use this Site for your own individual
use, and you shall not duplicate, download, publish, modify or
otherwise distribute any material on this Site for any purpose other
than for your own individual use, unless otherwise specifically
authorized by Thin for Life. You agree not to transfer or resell
your use of or access to Membership Benefits to any third party. You
are not to share your username and password with anyone whatsoever.
Violation of this policy will cause a Registered Member to become an
Inactive Member.
VIII.
Unacceptable Use of the Site.
You shall not restrict or inhibit any other Member from using the
Membership Benefits. You shall not use the Membership Benefits to: (i)
engage in fraudulent conduct or conduct that would constitute a
criminal offense or give rise to civil liability; (ii) distribute
any harmful, obscene, or otherwise illegal or objectionable
material; (iii) spoof or otherwise impersonate any individual or
entity, or forge, delete, or alter any part of TCP/IP packet header
information in any e-mail; (iv) violate or attempt to violate, the
security of the Membership Benefits; (v) access data or materials
not intended for you; (vi) log into a server or account which you
are not authorized to access; (vii) attempt to probe, scan or test
the vulnerability of a system or breach any security or
authentication measures; or (viii) assist or permit any persons in
engaging in any of the activities described above. You also may not,
and by using any or all of the Membership Benefits you agree not to,
use the Membership Benefits to: (i) transmit material that is
copyrighted, unless you are the copyright owner or have obtained the
permission of the copyright owner to transmit it; (ii) transmit
material that reveals trade secrets, unless you own them or have the
permission of the owner to so transmit them; or (iii) transmit
material that infringes on any intellectual property rights of
others or violates the privacy or rights of publicity of others.
Thin for Life reserves the right to investigate and to involve law
enforcement authorities, and to pursue a civil lawsuit or criminal
prosecution for any alleged or actual illegal activities involving
this Site or any of the Membership Benefits. THE USE OF ANY THIRD
PARTY SOFTWARE OTHER THAN WEB BROWSERS ON OR IN CONNECTION WITH THE
Membership Benefits, SUCH AS PRODUCTS THAT DOWNLOAD OR "SPIDER" THE
SITE OR ANY OF THE PAGES OF THE SITE, INFRINGES ON OUR COPYRIGHTS
AND/OR THE COPYRIGHTS OF OUR LICENSORS. THE USE ANY SUCH PRODUCTS ON
OR IN CONNECTION WITH THE SITE OR MemberSHIP BENEFITS IS STRICTLY
PROHIBITED!
IX.
Security
You are responsible for protecting against viruses, Trojan horses,
or other computer programming routines intended to damage or
otherwise impair a computer's functionality or operation.
X. Policies & Guidelines for each of the
Membership Benefits:
a. Personal Trainer
On-Line Software
This on-line software is designed to be used by a
Member only. A family Member living within the residence of a
Registered Member may use the software on a limited basis with the
assistance of a Member. The
sharing of Username with any other entity is strictly prohibited.
Violation of this policy will cause a Registered Member to become an
Inactive Member. They may be locked out of Personal Trainer and
other featured benefits.
Do not use the recipe e-mail feature for any other
e-mail than sending a friend your recipe. Any other use of this
feature and a member will become an Inactive Member.
Do not use profanity or any other inappropriate
language in personal journal if you are making it a web blog.
Violators will become Inactive Members.
Personal Trainer one is available to a limited amount
of free memberships. Once that limit is met, PTO will not be
available with free memberships.
b. Monthly Hope Newsletter
As a Member you are automatically subscribed to the "Hope
Letter". You will be seen as an opt-in subscriber to the newsletter.
Do not report the e-mails as spam. If at anytime you desire to not
receive the "Hope Letter", you may unsubscribe. Unsubscribe
instructions can be found at the bottom of any newsletter you have
received. You may forward the newsletter to others upon their
approval-no spamming.
c. Inspirational Calendar
When using the e-mail event reminder feature, do not enter some
one else's e-mail address. If the event is open to the public, you
may e-mail others, using your personal e-mail program, not the
Inspirational Calendar notification feature.
d, Discussion Board
Posting on
this Discussion Board
When you are posting on this Discussion Board, please post within
the listed forum. If you create a Topic, please make sure it is
applicable to the forum. For example, if you are in the 'Success
Stories' Forum do not create a recipe topic. Instead create a topic
in the 'Recipe' Forum.
Spamming, Offensive, & Prohibited
Postings
Spamming and the posting of offensive messages will absolutely not
be tolerated. Gossip is not allowed.
Pro-Anorexia discussion is not allowed.
This discussion board is not to be used as a
forum for dating or developing sexualized relationships. Offenders
will be blocked from using this site. Please show respect to those
who are using this Discussion Board. Some of the users of this Board
have been victimized in the past and we do not want them to be
victimized by using the Thin for Life Discussion Board.
No personal attacks. Debate ideas, do
not make it personal. No flames (flaming can be defined as
arguments). Civil discussion of ideas is encouraged, but keep your
temper.
Advertisements, chain letters, pyramid schemes, personal ads, and
solicitations are inappropriate on this discussion board.
You agree, through your use of this
Membership Benefits, that you will not use this board to post any material which
is knowingly false and/or defamatory, inaccurate, abusive, vulgar,
hateful, harassing, obscene, profane, threatening, invasive of a
person's privacy, or otherwise in violation of any law. You agree
not to post any copyrighted material unless the copyright is owned
by you.
Abuse
Considering the
real-time nature of this discussion board, it is impossible for Thin
for Life to review messages or confirm the validity of information
posted. Please reMember that we are not responsible for any messages
posted. We do not vouch for or warrant the accuracy, completeness or
usefulness of any message, and are not responsible for the contents
of any message. Any user who feels that a posted message is
objectionable is encouraged to contact us at
lafonj@aplaceofhope.com
or private message the
administrator. We have the ability to remove objectionable messages
and we will make every effort to do so, within a reasonable time
frame, if we determine that removal is necessary. This is a manual
process, however, so please realize that we may not be able to
remove or edit particular messages immediately.
Privacy
This is a public discussion board and anything you post here may be
used elsewhere by others. All posted messages are the views of
the individual poster, and do not necessarily reflect the
official views of Thin for Life
unless otherwise expressly
stated.
Rights of Thin for Life
We
reserve the right to delete any
message for any or no reason whatsoever. We also reserve the right
to reveal your identity (or whatever information we know about you)
in the event of a complaint or legal action arising from any message
posted by you.
e. Flash Chat for Members-Chat Room 1
During chat times profanity, verbal attacks of others,
on-line dating, or promoting any business opportunity, is not
allowed.
We strongly discourage our Members from using the Chat Rooms as a
mean to participate in on-line dating relationships.
Chat Room 1 is for Member's only.
If a Member is caught in violation of these guidelines, they will be
immediately banned from the Chat Room that day. If Member continues
to violate these guidelines, they may be banned from using the Chat
Room Feature completely.
f. Flash Chat with Dr. Jantz and staff-Chat Room 2
Same policy as Chat Room 2 other than at times this Chat Room
may be open to the public upon notice of Thin for Life staff.
g. Photo
Gallery
Only active Thin for Life Members are able to upload photos to this website.
Each Member is limited to one photo album with a limit of 20
photos.
Members are not to upload photos of a pornographic or distasteful
nature, or copyrighted images. Violators will receive one warning.
Upon a repeat violation Member may be banned from using the Photo
Gallery Feature completely and denied further Membership.
h.
Discounts on Product Resources
Members are not to use their Membership discount to sell products
they have ordered or to purchase items at the discounted price for
others other than as a gift for someone.
Members are not allowed to be affiliates.
Members who violate any of these guidelines may become classified as
Inactive Members and not have the ability to order resources at the
10% Member discount.
There may be times that a Member is not allowed a 10% discount off
store specials due to the already highly discounted price. Member
will not receive any discount on shipping, but their shipping
charges will be lower because shipping is based upon total price of
order.
In order to receive your discount you must first log
into the store as a member. If you do not do this, you will not
receive a discount and you will not be reimbursed for the loss of
the discount.
i.
Knowledge Base/FAQ
If it is determined that a Member is continuously e-mailing
questions in regards to how to use various Membership benefits
without first reading the FAQ's, they may become an Inactive Member.
Spamming of Knowledge Base is prohibited.
j. Special Reports
Special Reports are provided for Thin for Life members only. The
information is not to be copied or saved on any computer or disk. it
is not to be printed out other than for personal use. A violation of
these policies will cause the violator to be listed as an Inactive
Member.
The information shared in the Special Reports is for
educational purposes only. Prior to implementing any suggestions an
individual should consult a physician.
k. All featured benefits are best viewed in Explorer
6.0+ and 800x600 screen resolution.
XI. Thin for Life Right to Use Materials.
By
sending or transmitting to Site Materials, or by posting such
Materials to any area of the Site, you grant Thin for Life and our
designees a worldwide, non-exclusive, sublicensable (through
multiple tiers), assignable, royalty-free, perpetual, irrevocable
right to use, reproduce, distribute (through multiple tiers), create
derivative works of, publicly perform, publicly display, digitally
perform, make, have made, sell, offer for sale and import such
Materials in any media now known or hereafter developed, for any
purpose whatsoever, commercial or otherwise, without compensation to
the provider of the Materials. None of the Materials disclosed on
the message boards, chat rooms or other forums shall be subject to
any obligation, whether of confidentiality, attribution, or
otherwise, on our part and Thin for Life shall not be liable for any
use or disclosure of any Materials. Thin for Life has no obligation
or responsibility (and assumes no obligation or responsibility) to
screen communications or information in advance and is not
responsible for screening or monitoring material transmitted by you.
XII. Other
Membership Benefits Rules.
Your use of the Membership Benefits on the Site may be governed by
additional rules, which are available on the Site or by hyperlink
from other sites, in connection with the Membership Benefits. By
using any Membership Benefits you are acknowledging that you have
reviewed all corresponding rules and agree to be bound by them. Some
of the Membership Benefits may have been provided by third parties
for your use. You expressly acknowledge and agree that your use of
all Membership Benefits is solely at your risk.
XIII.
Intellectual Property.
This Site, including, without limitation, all content and software
related to the Site, and the Membership Benefits are the property of
Thin for Life, or its licensors, and protected by copyright laws.
The Thin for Life logo, and all other trademarks, Membership
Benefits marks, and trade names of Thin for Life appearing on this
Site are owned by Thin for Life or its licensors ("Trademarks"). You
may not use the Trademarks without the prior written consent of Thin
for Life or the respective owners of such Trademarks.
XIV.
Warranty Disclaimer.
YOU ACCESS AND USE THE Membership Benefits AT YOUR OWN RISK. THE
MemberSHIP BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIN FOR LIFE
DOES NOT WARRANT THAT THE SITE AND ANY MemberSHIP BENEFITS WILL BE
UNINTERRUPTED OR ERROR-FREE. Some jurisdictions do not allow
exclusion of implied warranties, so the above exclusions may not
apply to you.
XV.
Limitation
of Liability.
THIN FOR LIFE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF
YOUR USE OF THE MemberSHIP BENEFITS, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA (EVEN IF THIN
FOR LIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE
AGGREGATE LIABILITY OF THIN FOR LIFE FOR ANY REASON AND UPON ANY
CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT
LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF THE
SITE, THE MemberSHIP BENEFITS OR THIS AGREEMENT SHALL BE LIMITED TO
YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE HUNDRED DOLLARS
($100). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
XVI.
Indemnification.
You agree to indemnify, defend and hold Thin for Life harmless from
and against any claim, demand, cause of action, debt, loss or
liability, including reasonable attorneys' fees, to the extent that
such action is based upon, arises out of, or relates to: (i) your
activities on the Site or your use of the Membership Benefits; (ii)
your violation of the terms and conditions of this Agreement; or
(iii) the infringement by you, or any other person using your
password and account, of any right of any person or entity.
XVII. Laws.
This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington, without regard for principles
of conflict of laws. Subject to the dispute resolution terms below,
any legal action or proceeding between Thin for Life and you related
to this Agreement shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in the State of Washington.
XVIII.
Dispute Resolution.
Except with respect to violations of Thin for Life's intellectual
property or proprietary rights, and except with respect to suits
brought against Thin for Life by third parties, you acknowledge and
agree that any dispute involving Thin for Life shall be settled by
arbitration in the State of Washington in accordance with the
Commercial Arbitration Rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. Judgment on the
arbitration award may be entered into any court having jurisdiction
thereof. You agree that Thin for Life may seek interim or
preliminary relief from a court of competent jurisdiction necessary
to protect the rights or property of Thin for Life pending the
completion of arbitration.
XIX.
Termination.
If you no longer agree to the terms and conditions of this
Agreement, please notify Thin for Life by sending an email stating
your desire to withdraw from this Agreement to Thin for Life at
lafonj@aplaceofhope.com.
This Agreement will continue to apply to all past use of the
Membership Benefits by you, even if you are no longer using them.
XX. General.
No delay or failure to take action under such terms and conditions
will constitute a waiver by Thin for Life. If any provision of this
Agreement is found by a court of competent jurisdiction to be
invalid, the court shall endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of this Agreement shall remain in full force and effect. The section
headings used in this Agreement are for convenience only and have no
legal effect. Any cause of action brought against Thin for Life
arising out of the Membership Benefits or this Agreement must
commence within one (1) year after the cause of action arose. This
Agreement, including all other documents incorporated herein,
constitutes the entire agreement between the parties.
XXI.
Notices.
Thin for Life may deliver notice to you under this Agreement by
means of electronic mail, a general notice on the Site, or by
written communication delivered by first class U.S. Mail to your
address you provide to Thin for Life at registration. You may give
notice to Thin for Life (except for claims of intellectual property
infringement for which you may give notice at [insert link to
Copyright Notice and Procedure]) anytime via electronic mail to Thin
for Life at
lafonj@aplaceofhope.com.
Thin for Life
Reserves the Right to Revise this Agreement. Thin for Life reserves
the right to modify this Agreement and to impose additional terms or
conditions on your use of the Membership Benefits. Such new and/or
additional terms or conditions shall be effective immediately and
incorporated into this Agreement upon notice thereof, which may be
given by any reasonable means including by posting to this Site.
Your continued use of the Membership Benefits following such notice
shall be deemed to conclusively indicate your acceptance of any and
all such additional terms.
Thin for Life
May Revise or Terminate the Membership Benefits. Thin for Life
reserves the right, at any time and from time to time, to modify,
suspend, or discontinue the Membership Benefits, with or without
notice and at its sole discretion. Neither Thin for Life, its
partners or affiliates shall be liable to you for any modification,
suspension or discontinuance of any Membership Benefits. Thin for
Life may, in its sole discretion, refuse or restrict anyone from
access to any or all of the Membership Benefits at any time.
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