IMPORTANT: ALL USERS MUST READ THIS SECTION
Acceptance of these Terms and Conditions
By using this site (the "Site"), you (the "End User") agree to the terms and conditions that we ("Ultimate Weightloss & weightloss.com.au [www.weightloss.com.au]") have provided. If you do not wish to agree to the outlined terms and conditions, please refrain from using this site.
"Ultimate Weightloss & weightloss.com.au" is the interactive online service operated by Ultimate Weightloss weightloss.com.au on the World Wide Web of the Internet (the "Web"), consisting of information services, content, and transaction capabilities provided by Ultimate Weightloss weightloss.com.au, affiliates of Ultimate Weightloss weightloss.com.au and other third parties.
This agreement ("Agreement") sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is generally a secure environment, sometimes there are interruptions in service or events that are beyond the control of Ultimate Weightloss & weightloss.com.au, and Ultimate Weightloss & weightloss.com.au shall not be responsible for any data lost while transmitting information on the Internet.
Ultimate Weightloss & weightloss.com.au shall have the right at any time to change or discontinue any aspect or feature of Ultimate Weightloss & weightloss.com.au including, but not limited to, content, hours of availability and equipment needed for access or use.
3. Modified Terms.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto Ultimate Weightloss & weightloss.com.au shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
5. End User Conduct.
The foregoing provisions of this Section 5 apply equally to and are for the benefit of Ultimate Weightloss & weightloss.com.au, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright and Trademarks.
To be advised.
7. Disclaimer of Warranty; Limitation of Liability.
End user expressly agrees that use of this site and the microsites is at end user's sole risk. Neither weightloss.com.au, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that weightloss.com.au will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of this site, or (ii) the accuracy, reliability or content of any information, service, or merchandise provided through this site or the microsites.
This site and the microsites are made accessible on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. End user specifically acknowledges that ultimate weightloss & weightloss.com.au is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with end user.
In no event shall ultimate weightloss & weightloss.com.au, or any person or entity involved in creating, producing or distributing this site or the contents hereof, including the microsites and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use this site. End user hereby acknowledges that the provisions of this section shall apply to all content on this site and the microsites
In addition to the terms set forth above, neither ultimate weightloss & weightloss.com.au, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within this site or any of the microsites, or for any delay or interruption in the transmission thereof to the end user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
Ultimate weightloss & weightloss.com.au is not responsible for any content that a user, subscriber, or an unauthorized user may post on its this site or any of the microsites. Any content that is posted or uploaded that is or may be deemed unsuitable can and may be taken down by ultimate weightloss & weightloss.com.au. Moreover, ultimate weightloss & weightloss.com.au reserves the right to edit, change, alter, delete, prohibit any and all content that it, ultimate weightloss & weightloss.com.au, deems unsuitable.
Ultimate Weightloss & weightloss.com.au shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Ultimate Weightloss & weightloss.com.au, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Ultimate Weightloss & weightloss.com.au shall have the right to remove any material that Ultimate Weightloss & weightloss.com.au, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
10. License Grant.
By posting communications on or through this Site, End User shall be deemed to have granted to Ultimate Weightloss & weightloss.com.au a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless Ultimate Weightloss & weightloss.com.au, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site and/or the Microsites by End User.
Either Ultimate Weightloss & weightloss.com.au or End User may terminate this Agreement at any time. Without limiting the foregoing, Ultimate Weightloss & weightloss.com.au shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Ultimate Weightloss & weightloss.com.au, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive termination of this Agreement.
To be advised.
14. Third Party Content.
Ultimate Weightloss & weightloss.com.au, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Ultimate Weightloss & weightloss.com.au has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Ultimate Weightloss & weightloss.com.au. Neither Ultimate Weightloss & weightloss.com.au nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Ultimate Weightloss & weightloss.com.au. Ultimate Weightloss & weightloss.com.au neither endorses or is responsible for the accuracy or reliability of any opinion, advice, or statement made on Ultimate Weightloss & weightloss.com.au by anyone other than authorized Ultimate Weightloss & weightloss.com.au employee spokespersons while acting in official capacities.
Under no circumstances will Ultimate Weightloss & weightloss.com.au be liable for any loss or damage caused by an end user's reliance on information obtained through Ultimate Weightloss & weightloss.com.au. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Ultimate Weightloss & weightloss.com.au.
Ultimate Weightloss & weightloss.com.au contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Ultimate Weightloss & weightloss.com.au of the contents on such third-party sites and Ultimate Weightloss & weightloss.com.au hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk.
This Agreement and any operating rules for Ultimate Weightloss & weightloss.com.au established by Ultimate Weightloss & weightloss.com.au constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect.
Weightloss.com.au's headoffice at Factory 59, Docklands Cottonmills, 91 Docklands Highway, Footscray, Victoria, Australia. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of Australia. By using this Site, End User agrees that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to End Users use of the Site or the Microsites (unless otherwise specifically stated) is the Australian Court System, or if such court lacks subject matter jurisdiction, the Supreme Court of the State of Victoria. End User hereby accepts and submits to the jurisdiction of such court in any such proceeding or action, and irrevocably waives, to the fullest extent permitted by law, any objection which End User may now or hereinafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.