Last modified as of April 01, 2012
1. Special Terms
a. Parental or Legal Guardian Permission
Our Website is not meant to be used by or otherwise accessed by children. We do not provide services or sell Products (as defined below) to children and some of the Content (as defined below) that appears on or that is accessible through our Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE OUR WEBSITE. Children between the ages of 13 and 18 may use our Website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other visitors to our Website with any personal information and If you believe that a minor has submitted personal information without the permission and involvement of a parent or legal guardian, please contact us so that we may take appropriate action.
c. Health Disclaimer
Our Website provides weight loss management and information applications and content published over the Internet and is intended only to assist users in their personal weight loss efforts. We are not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained on or made available to you through our Website should be construed as medical advice or diagnosis. The information and reports furnished by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. Our Website is intended for use only by healthy adults. Our Website is not intended for use by minors, pregnant women, or individuals with any type of health or medical condition and individuals with health or medical conditions are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen. For more information, please review the full version of our Health Disclaimer which is specifically incorporated into these Terms & Conditions by this reference.
2. Website Access
We hereby grant you a revocable, limited license to access and make personal, non-commercial use of our Website. There is no cost to register as a user of our Website (a “Registered User”) and you do not have to be a Registered User in order to browse our Website. There is no cost to sign up to receive our newsletters. However, as a Registered User, our Website may afford you greater opportunities to use and/or purchase certain products, offerings, features, resources or services contained on or offered through our Website including, without limitation, information in the form of newsletters, recent research and studies and articles and selling guides, audios and videos associated with nutrition, diet, health and overall well-being (individually and collectively “Product(s)”). In addition, you must be a Registered User in order to participate in, and to contribute to, any Community Area or use of the “Public Profile” feature of our Website. A “Community Area” means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity area where you can communicate with other Registered Users and/or post Submissions (as defined below). In our sole discretion and without prior notice or liability to you, we may discontinue, modify or alter any aspect of our Website including, but not limited to restricting the time our Website is available, restricting the amount of use permitted and/or restricting or terminating any user’s right to use our Website.
3. Registered User Account
If you elect to become a Registered User, you will be asked to set up an account with a password (a “Registered User Account”) and in connection therewith, you agree to provide us with true, accurate and complete information about yourself (collectively the “Registered User Data”), and to maintain and promptly update the Registered User Data and any other information you provide to us. You may not use a user name or other user identification or password that is already being used by another Registered User, that may be construed as impersonating another Registered User or any other person, that violates the intellectual property or other rights of any other Registered User or any other person, that is offensive or that we may reject for any other reason in our sole discretion. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or if we in our sole discretion have reasonable grounds to suspect that any Registered User Data is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your Registered User Account and refuse any and all current and/or future use of and/or access to our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a Registered User. You further agree not to register for more than one Registered User Account, create a Registered User Account on behalf of someone else, or create a false or misleading identity on our Website. You are entirely responsible for maintaining the confidentiality of your password and Registered User Account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your Registered User Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or any other breach of security known to you. You are entirely responsible for any and all activities which occur under your Registreed User Account. If you do not comply with these Terms & Conditions at any time, we reserve the right, to terminate your Registered User Account, your password, and/or access to our Website (or any part thereof) and all related information and/or files relating to your Registered User Account and/or we may bar any further access by you to such information and/or files and/or to our Website. Further, you agree that we shall not be liable to you or any third party for any such termination or cancellation of your access to, or use of, our Website.
The price of a subscription to our “Trim Down Club Program” (the “Program”) will vary based on which Products you select. You may choose to make a one-time payment or recurring payments, as will be clearly shown on the applicable order form. We may also offer a trial period option which would require an initial payment at the start of the trial and the remaining balance would be paid after the trial period expires. If you purchase a subscription to our Program that requires recurring payments and you later wish to discontinue making recurring payments after the Refund Period (as defined below) has ended, you will be required to cancel your subscription.
5. REFUND POLICY
You have a full 60 days (the “Refund Period”) to try our Program and related Products. If for any reason during the Refund Period you are dissatisfied with our Program and related Products, simply submit a request to the contact page to cancel. Our customer service team will process the return and accounts will be credited within 5 business days. All purchases made after the expiration of the Refund Period are final.
6. Community Standards and Conduct Guidelines
a. You acknowledge that all Content (as defined below) posted, emailed, or otherwise transmitted to or on our Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to our Website. We do not control the Postings posted, emailed or otherwise transmitted to or on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for our Registered Users (as described below), you hereby acknowledge that by using our Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances shall we be liable to you in any way for any Postings (other than for Content developed by us) including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use by you of any Postings posted, emailed or otherwise transmitted to or on our Website.
b. You agree not to use our Website (including any Community Area) to:
i. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
ii. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
iii. Impersonate any person or entity, including, but not limited to any Registered User of our Website, a director, officer, employee, shareholder, agent or representative of Trim Down Club, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Trim Down Club, or our affiliates or any other person or entity;
iv. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through our Website;
v. Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
vi. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
vii. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
viii. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or systems;
ix. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Community Area (or other portion of our Website) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another Registered User’s experience of our Website;
x. Interfere with or disrupt our Website or servers or networks connected to our Website, or disobey any requirements, procedures, policies or regulations of networks connected to our Website;
xi. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
xii. “Stalk” or otherwise harass another user or employee of our Website;
xiii. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other Registered Users of our Website, including user names or other identification or passwords; or
xiv. Access or attempt to access another Registered User’s Registered User Account without such Registered User’s consent.
c. Your right to use our Website (including any Community Area) and contribute to discussions on any Community Area is conditioned upon your compliance with these community standards and conduct guidelines set forth herein. We may revoke your access to all or a portion of our Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any of these Terms & Conditions, we may, in our sole discretion, terminate your use of, or participation in, any Community Area.
8. Third Party Products and Services
You may order services, merchandise and/or other Products through our Website from other parties or through links to websites owned and/or controlled by other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and/or other Products offered by the Third Party Sellers including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and/or other Products provided by the Third Party Sellers and we will not be construed as a party to any transactions between you and the Third Party Sellers, regardless of whether we receive any revenue or other consideration in connection with such transactions, and we will not be liable to you or any third party for any costs or damages directly or indirectly arising out of or related to any such transactions.
9. Restrictions on Use of Materials
Our 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, 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 protected under the United States copyright laws (and, if applicable, similar foreign laws), and we own the copyright in the selection, coordination, compilation, arrangement and enhancement of such Content. All trademarks appearing on our Website are trademarks of their respective owners. Trim Down Club is the trade name and the registered trademark and service mark of B2C Media Solutions Ltd. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have proprietary rights in the Content which they make available on our Website. 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 purpose other than as specifically permitted hereunder including, but not limited to, use of any Content on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
10. Disclaimers of Warranties
OUR WEBSITE AND THE PRODUCTS, CONTENT AND MATERIALS ON OR AVAILABLE THROUGH OUR 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 AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT OUR WEBSITE OR ANY FUNCTION CONTAINED IN OR SERVICES PROVIDED THROUGH OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVERS THAT MAKE OUR WEBSITE AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR 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, CONTENT OR MATERIAL. NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, CONTENT OR MATERIALS IN OUR WEBSITE OR THE CORRECTNESS, ACCURACY OR RELIABILITYTHEREOF. NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS SHALL 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 OUR WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR AVAILABLE THROUGH OUR WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO OUR WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE; (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. 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, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF OUR WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their respective officers, directors, employees, stockholders, agents and representatives from any and all claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from or out of your improper or unauthorized use of our Website or our Products, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your Registered User Account, of any intellectual property or other right of any person or entity.
13. Governing Law
Our Website is hosted by us in Europe and in the United States of America, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the Europe or the Unites States of America. We do not warrant or represent that our Website or the Products or any part thereof made available on or through our Website are appropriate or available for use in any particular jurisdiction other than Europe or the United States of America. Those who choose to access our Website and/or who purchase any Products do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit our Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. Notwithstanding anything to the contrary contained herein, you agree that any and all claims made hereunder shall be settled solely by confidential binding arbitration per the Israeli Institute of Commercial Arbitration rules. All arbitration must occur in Israel and Israeli law shall govern. Arbitration fees and costs shall be split equally, and you are solely responsible for your own attorney’s fees.
14. Miscellaneous Terms
We respect the intellectual property of our Registered Users and others, and we ask our Registered Users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any Registered User to use our Website (or any part thereof) who infringes the intellectual property rights of others.
For Owners of Copyrighted Works
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright law, please report alleged copyright infringements taking place on or through the Site by sending us a written notification via email at firstname.lastname@example.org. Your notification must include substantially the following:
a) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on our Website are covered by a single notification, a representative list of such works);
c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website;
d) your name, mailing address, telephone number and email address;
e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
Please also note that the information provided in your notification may be forwarded to the person who provided the allegedly infringing material; and claimant information will be posted on the Site in place of disabled or removed material.
For Users Who Wish To Restore Disabled or Removed Materials
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please send us a counter-notice via email at email@example.com and submit the following in writing:
a) a physical or electronic signature;
b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for the judicial district in which we may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a counter notification, we will forward it to the party who submitted the original copyright infringement claim. The complainant will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within 10 days, we may restore the material to our Website.
HOW TO CONTACT US
Any questions or concerns about these terms and conditions of use should be brought to our attention via our contact page. You may also mail your concerns to us at the following address: B2C Media Solutions Ltd. POB 105, Kibutz Alonim, 36577 Israel. or via email at firstname.lastname@example.org.