notimetoweight.com Web Site
Agreement
The No Time to Weight Web Site (the "Site")
is an online information service provided by
notimetoweight.com ("No Time to Weight "), subject to
your compliance with the terms and conditions set
forth below. PLEASE READ THIS DOCUMENT CAREFULLY
BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR
USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO
BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SITE. No Time to Weight MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW
THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE
SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
The entire contents of the Site are
protected by international copyright and trademark
laws. The owner of the copyrights and trademarks are
No Time to Weight, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN
ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different
areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete
any copyright or proprietary notices from the
materials. You agree to grant to No Time to Weight a
non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of,
publicly display and publicly perform any materials
and other information (including, without limitation,
ideas contained therein for new or improved products
and services) you submit to any public areas of the
Site (such as bulletin boards, forums and newsgroups)
or by e-mail to No Time to Weight by all means and in
any media now known or hereafter developed. You also
grant to No Time to Weight the right to use your name
in connection with the submitted materials and other
information as well as in connection with all
advertising, marketing and promotional material
related thereto. You agree that you shall have no
recourse against No Time to Weight for any alleged or
actual infringement or misappropriation of any
proprietary right in your communications to No Time
to Weight.
TRADEMARKS.
Publications, products, content or services
referenced herein or on the Site are the exclusive
trademarks or servicemarks of No Time to Weight.
Other product and company names mentioned in the Site
may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information,
products or services clearly identified as being
supplied by No Time to Weight, No Time to Weightdoes
not operate, control or endorse any information,
products or services on the Internet in any way.
Except for No Time to Weight- identified information,
products or services, all information, products and
services offered through the Site or on the Internet
generally are offered by third parties, that are not
affiliated with No Time to Weight a. You also
understand that No Time to Weight cannot and does not
guarantee or warrant that files available for
downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive
properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input
and output, and for maintaining a means external to
the Site for the reconstruction of any lost
data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE AND THE INTERNET. No Time to
Weight PROVIDES THE SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY, AND No Time
to Weight SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF
ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. No Time to Weight DOES NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE
OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO
YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
No Time to Weight HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL No Time to Weight BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON
THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY
OF SUCH INFORMATION OR SERVICE. EVEN IF No Time to Weight
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, No Time to Weight LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
No Time to Weight makes no representations
whatsoever about any other web site which you may
access through this one or which may link to this
Site. When you access a non-No Time to Weight web
site, please understand that it is independent from
No Time to Weight, and that No Time to Weight has no
control over the content on that web site. In
addition, a link to a No Time to Weight web site does
not mean that No Time to Weight endorses or accepts
any responsibility for the content, or the use, of
such web site.
3. Indemnification.
You agree to indemnify, defend and hold
harmless No Time to Weight, its officers, directors,
employees, agents, licensors, suppliers and any third
party information providers to the Service from and
against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from
any violation of this Agreement (including negligent
or wrongful conduct) by you or any other person
accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the
Service), and 3 (Indemnification) are for the benefit
of No Time to Weight and its officers, directors,
employees, agents, licensors, suppliers, and any
third party information providers to the Service.
Each of these individuals or entities shall have the
right to assert and enforce those provisions directly
against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either
party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and
Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this
Agreement.
6.Miscellaneous.
This Agreement shall all be governed and
construed in accordance with the laws of The United
States of America applicable to agreements made and
to be performed in The United States of America. You
agree that any legal action or proceeding between No
Time to Weight and you for any purpose concerning
this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in The United
States of America . Any cause of action or claim you
may have with respect to the Service must be
commenced within one (1) year after the claim or
cause of action arises or such claim or cause of
action is barred. No Time to Weight's failure to
insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as
a waiver of any provision or right. Neither the
course of conduct between the parties nor trade
practice shall act to modify any provision of this
Agreement. No Time to Weight may assign its rights
and duties under this Agreement to any party at any
time without notice to you.
Any rights not expressly granted herein are
reserved.
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