Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use ("Terms of Use"), and the Healthy Weight Commitment Foundation Privacy Policy. If you do not agree to all of these Terms of Use, and the Privacy Policy, do not use this website.
The Healthy Weight Commitment Foundation ("HWCF") may revise these Terms of Use at any time. Your continued usage of this website will mean you accept those changes, and you will comply with all applicable laws and regulations. The materials provided on this website are protected by law, including, but not limited to, United States copyright laws and international treaties.
This website may allow users to communicate with each other using discussion forums, blogs, wikis, and other Web 2.0 methods of posting and sharing information.
Use Restrictions
The content on this website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from HWCF's licensors, and other materials ("Contents") is protected by copyright under both United States and foreign laws. Title to the Contents remains with HWCF. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of HWCF or its licensors. HWCF authorizes you to view and download a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: "Copyright © 2009, HWCF. All rights reserved" and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the website may be included elsewhere within the website and are incorporated into these Terms of Use by reference. The use of the Contents on any other website or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to HWCF and its licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without HWCF's written permission, "mirror" any Contents contained in this website or any other server. You may not use the website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the website in any manner that could damage, disable, overburden, or impair the website, or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to the website through hacking, password mining or any other means. HWCF reserves the right, in its sole discretion, to terminate your access to the website, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
User Submissions
The personal information you submit to HWCF is governed by the HWCF Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Terms of Use shall govern.
HWCF does not claim ownership of any information or material a user provides to HWCF or posts, uploads, input, submits, or transmits to this website ("Submission"). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another's privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: make any Submission that is an advertisement or solicitation of business; disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); post a chain letter or pyramid scheme; impersonate another person; distribute viruses or other harmful computer code; harvest or otherwise collects information about others, including email addresses, without their consent; post the same note more than once or "spamming"; or engage in any other conduct that restricts or inhibits any other person from using or enjoying the website, or which, in the judgment of HWCF, exposes HWCF or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by HWCF. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—HWCF a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, HWCF is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. HWCF is not responsible for the consequences of any Submission. HWCF is not responsible for screening or monitoring Submissions made to this website by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, HWCF may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. HWCF will have no liability or responsibility to users for performance or nonperformance of such activities.
HWCF reserves the right (but is not obligated) to record the dialogue on the website; investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; terminate a user's access to any or all parts of the website upon any breach of these Terms of Use or the law; monitor, edit, or disclose any Submission; edit or delete any Submission posted on the website, regardless of whether such Submission violates these Terms of Use.
Liability of HWCF and Its Licensors and Partners
The use of the website, the Contents, or a Submission is at your own risk. The Contents in this website could include technical inaccuracies or typographical errors. HWCF may make changes or improvements at any time. THE CONTENTS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HWCF DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HWCF DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HWCF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HWCF) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Indemnity
You agree to defend, indemnify, and hold HWCF, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your Submission, use of the website or Contents, or your violation of these Terms of Use.
Links
By using this website, you agree to accept the disclosures in the HWCF Privacy Policy for links to other websites.
General
HWCF operates this website from its offices within the United States of America, and makes no claims that the Contents or a Submission is appropriate or may be downloaded outside of the United States of America. Access to the Contents or a Submission may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of HWCF and Its Licensors and Partners, Use Restrictions, User Submissions, Indemnity, Applicable Laws, and Complete Agreement.
Applicable Laws
These Terms of Use are governed in accordance with the laws of the District of Columbia, United States of America, without regard to its conflict of law provisions. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Take Down Procedures; and Copyright Agent
If you believe any Submission accessible on or from the website infringes your copyright, you may request removal of those materials (or access thereto) from this website by contacting HWCF (address identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
3. Your name, address, telephone number, and (if available) email address.
4. A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or authorized representative.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
HWCF's address for copyright issues relating to this website is as follows:
Healthy Weight Commitment Foundation
1025 Thomas Jefferson Street NW, Suite 420 East
Washington, DC 20007
[email protected]
Or call: (202) 639-5960
In an effort to protect the rights of copyright owners, HWCF maintains a policy for the termination, in appropriate circumstances, of users of this website who are repeat infringers.
Complete Agreement
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of HWCF on this website, these Terms of Use, including HWCF Privacy Policy, constitute the entire agreement between you and HWCF with respect to the use of the website and Contents.