PLEASE READ THE FOLLOWING TERMS
AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. By using our Website, you agree
to these Terms and Conditions of Use ("Terms & Conditions").
We reserve the right, in our sole discretion, to change, modify,
add or remove portions of these Terms & Conditions at any time.
You should check these Terms & Conditions periodically for changes.
By using this Website after we post any changes to these Terms & Conditions,
you agree to accept those changes, whether or not you have reviewed
them. If you do not agree to these Terms & Conditions, you should
not use our Website and, if applicable, you should arrange to cancel
your registered user account or subscription with us.
1. Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use
of the websites which are owned or operated by Rob Nevins Online, LLC ("Robnevins.com")
and our affiliates (collectively, "we," "us," or "our"),
including, without limitation, this website and any other website that we may
own or operate currently or in the future (collectively, our "Website").
For purposes of these Terms & Conditions, "affiliates" shall mean
any entity or person, directly or indirectly, owning a controlling interest in,
owned by, or under common ownership control with, Robnevins.com, including, without
limitation, Rob Nevins Online, LLC and its subsidiaries.
2. Terms & Conditions - In General
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions,
just as if you had signed this agreement. If you do not comply with these Terms & Conditions
at any time, we reserve the right, if applicable, to terminate your password,
user account, and/or access to this Website (or any part thereof). In our sole
discretion and without prior notice or liability, we may discontinue, modify
or alter any aspect of the Website, including, but not limited to, (i) restricting
the time the Website is available, (ii) restricting the amount of use permitted,
and (iii) restricting or terminating any user's right to use the Website. You
agree that any termination or cancellation of your access to, or use of, the
Website may be effected without prior notice. If you do not abide by the provisions
of these Terms & Conditions, except as we may otherwise provide from time
to time, you agree that we may immediately deactivate or delete your user account
and all related information and files in your user account and/or bar any further
access to such information and/or files, or our Website. Further, you agree that
we shall not be liable to you or any third-party for any termination or cancellation
of your access to, or use of, our Websites.
From time to time, we may supplement these Terms & Conditions with additional
terms and conditions pertaining to specific content, activities or events ("Additional
Terms"). Such Additional Terms may be placed on the Website to be viewed
in connection with the specific content, activities, features or events and shall
be identified as such. You understand and agree that such Additional Terms are
hereby incorporated by reference into these Terms & Conditions.
3. Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited
right to access, use and display this Website and the material provided hereon
for your personal, noncommercial use, provided that you comply fully with the
provisions of these Terms & Conditions. You acknowledge that this 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 copyrighted
under the United States copyright laws (and, if applicable, similar foreign laws),
and we own a copyright in the selection, coordination, arrangement and enhancement
of such Content. All trademarks appearing on this Website are trademarks of their
respective owners. Our commercial partners, suppliers, advertisers, sponsors,
licensors, contractors and other third parties may also have additional proprietary
rights in the Content which they make available on this 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 other purpose, including, but not limited to, use
of any Content in printed form or on any other website or networked computer
environment is strictly prohibited unless you receive our prior written consent.
4. Becoming a Registered User
You do not have to become a registered user to use this Website. However, if
you do not register, you may be precluded from using certain products, offerings,
features, or resources of our Website. You must register in accordance with instructions
that you will find on this Website to participate in, and to contribute to, any
Forum or use of the "Public Profile" feature of our Website. A " Forum" means
any chat room, message board, bulletin board, recipe swap, or similar activity
where you and other users of our Website can communicate.
If you elect to become a registered user of our Website, you agree to provide
us with true, accurate and complete information about yourself ("Registered
User Data"), and to maintain and promptly update the Registered User Data
to keep it accurate. Without limiting any other provision of these Terms & Conditions,
if you provide any information that is untrue, inaccurate, or incomplete, or
we have reasonable grounds to suspect that such is the case, we reserve the right
to suspend or terminate your user account and refuse any and all current or future
use of our Website (or any portion thereof). You agree not to assign, transfer
or sublicense your rights as a registered user of this Website.
5. Privacy and Security
We are committed to protecting your privacy and security. For more information,
you should review our Privacy Policy, which is incorporated into these Terms & Conditions
by this reference.
6. Community Standards and Conduct Guidelines
You acknowledge that all Content and all information, software, photos, video,
text, graphics, music, sounds, questions, creative suggestions, messages, comments,
feedback, ideas, recipes, notes, drawings, articles and other materials posted,
emailed, or otherwise transmitted to or on this 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 this Website. We do
not control the Postings posted, emailed or otherwise transmitted 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 the users of our Website (as described below), you understand that by using
this Website, you may be exposed to Postings that are offensive or objectionable.
Under no circumstances will we be liable 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 of any Postings posted, emailed or otherwise transmitted
to or through this Website.
You agree not to use this Website (including any Forums) to:
Upload, post, email or otherwise transmit any Postings or other materials that
are unlawful, harmful, threatening, abusive, harassing, torturous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable (in our sole discretion);
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a director,
officer, employee, shareholder, agent or representative of Robnevins.com, our
affiliates or any other person or entity, or falsely state or otherwise misrepresent
your affiliation with Robnevins.com, our affiliates or any other person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Postings or other materials transmitted to or through this Website;
Upload, post, email or otherwise transmit any Postings or other materials 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);
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;
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;
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;
Disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of a Forum (or other portion of this Website) are able to type,
or otherwise act in a manner that negatively affects other users' ability to
use any Forum;
Interfere with or disrupt this Website or servers or networks connected to this
Website, or disobey any requirements, procedures, policies or regulations of
networks connected to the Website;
Intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, any regulations having the
force of law;
"Stalk" or otherwise harass another user or employee of this Website;
or
Collect or store personal data or attempt to collect or store personal data about
other users of the Website.
Your privilege to use this Website (including the Forums) and contribute to discussions
on the Forums depends on your compliance with the community standards and conduct
guidelines set forth above. We may revoke your privileges to use all or a portion
of this 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,
we may terminate, in our sole discretion, your use of, or participation in, any
Forum.
All Forum communications, including, but not limited to, chat and message board
communications, are public and not private communications. We reserve the right
to monitor some, all, or no areas of this Website (including any Forum) for adherence
to the community standards and conduct guidelines set forth above or for any
other purpose. You acknowledge that by providing you with the ability to distribute
Postings in the Forums, we are acting as a passive conduit for such distribution
and we are not undertaking any obligation or liability relating to any Postings
or activities in any Forum. Although we reserve the right to remove, without
notice, any Forum posting for any reason, we have no obligation to delete Postings
that you may find objectionable or offensive.
7. Submissions
If, at our request or on your own, you send, email, post or otherwise transmit
to us or this Website information, software, photos, video, text, graphics, music,
sounds, questions, creative suggestions, messages, comments, feedback, ideas,
recipes, notes, drawings, articles, stories about yourself or your weight or
fat loss, or other materials (including, but not limited to, posting, emailing,
or otherwise transmitting Postings on any Forum) (collectively, the "Submissions"),
the Submissions shall be deemed, and shall remain, our property. Except as provided
in our Privacy Policy, none of the Submissions shall be subject to any obligation
of confidence on our part, and we shall not be liable for any use or disclosure
of any Submissions. Without limitation of the foregoing, you grant us and our
successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive
right (including any moral rights) and license (as well as consent) to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
communicate to the public, perform and display any Submissions (in whole or in
part and with or without the use of your name) worldwide and/or to incorporate
the Submissions in other works in any form, media, or technology now known or
later developed, for the full term of any copyrights, trademarks and other intellectual
and proprietary rights (collectively, the "Rights") that may exist
in such Submissions. You also warrant that any third party holder of any Rights,
including moral rights in such Submissions, has validly and irrevocably granted
to you the right to grant the license stated above. You further acknowledge that
we and our successors and assigns shall be entitled to unrestricted use of the
Submissions for any purpose whatsoever, commercial or otherwise, without compensation
to the provider of the Submissions.
8. Parental or Guardian Permission
Some of the Content on this Website may not be appropriate for children. CHILDREN
UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend
that children between the ages of 13 and 18 ask for their parent's or guardian's
permission before viewing our Website.
9. Links
These Terms & Conditions apply only to this Website, and not to the websites
of any other person or entity. We may provide, or third parties may provide,
links to other worldwide websites or resources. You acknowledge and agree that
we are not responsible for the availability of such external sites or resources,
and do not endorse (and are not responsible or liable for) any content, advertising,
products, or other materials on or available from such websites or resources.
You further acknowledge and agree that, under no circumstances, will we be held
responsible or liable, directly or indirectly, for any loss or damage that is
caused or alleged to have been caused to you in connection with your use of,
or reliance on, any content, advertisements, products or other resources available
on any other website (regardless of whether we directly or indirectly link to
such content, advertisements, products or other resources). You should direct
any concerns with respect to any other website to that website's administrator
or webmaster.
10. Third Party Products and Services
You may order services, merchandise or other products through our Website from
other parties (collectively, the "Third Party Sellers"). All matters
concerning the services, merchandise and other products desired from 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 other products provided by the Third
Party Sellers. You will not consider us (and we will not be construed as) a party
to such transactions, whether or not we may have received some form of revenue
or other remuneration in connection with such transactions, and we will not be
liable for any costs or damages arising out of, either directly or indirectly,
you or any other person involved or related to the transactions.
11. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the
same. We may, in appropriate circumstances and in our discretion, terminate the
rights of any user to use our Website (or any part thereof) who infringe the
intellectual property rights of others. If you believe that your work has been
copied in a way that constitutes copyright infringement or are aware of someone
doing so, please contact our designated agent for notice of claims of copyright
infringement.
12. Your Password and User Account.
If you are a registered user or subscriber of this Website, you are entirely
responsible for maintaining the confidentiality of your password and user account
information. You must notify us immediately in the event of any known or suspected
unauthorized use of your user account, or any known or suspected breach of security,
including loss, theft, or unauthorized disclosure of your or anyone else's password.
You are entirely responsible for any and all activities which occur under your
user account. You agree to immediately notify us of any unauthorized use of your
user account or any other breach of security known to you.
13. Relationship with Rob Nevins Online
Robnevins.com is an affiliate of Rob Nevins Online, and is authorized to use
under license the Rob Nevins brand and intellectual property on the Internet.
The Rob Nevins Program is the trade name of Rob Nevins Online as are certain
other trademarks and service marks used by Robnevins.com on this Website under
Rob Nevins Online's control.
14. Health Disclaimer
This Website provides fat loss management and information applications and content
published over the Internet and is intended only to assist users in their personal
weight loss efforts. Robnevins.com is not a medical organization and our staff
cannot give you medical advice or diagnosis. Nothing contained in this Website
should be construed as such advice or diagnosis. The information and reports
generated 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. This Website is intended for use only by healthy
adult individuals. The Website is not intended for use by minors, pregnant women,
or individuals with any type of health condition. Such individuals are specifically
warned to seek professional medical advice prior to initiating any form of weight
loss effort or regimen.
For more information, you should review our Health Notice and Consumer Bill of
Rights, which are incorporated into these Terms & Conditions by this reference.
15. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS 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 RobNEVINS.COM, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE
LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE
OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE
THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THIS 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, OFFERING, CONTENT OR MATERIAL.
NEITHER RobNEVINS.COM, 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, OFFERINGS, CONTENT
AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR
PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED
FOR IN THESE TERMS & CONDITIONS.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT 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 THE Rob NEVINS ONLINE SITES;
(B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE RobNEVINS.COM SITES OR ANY
WEBSITE OR WEBSITES LINKED TO THE RobNEVINS.COM SITES, (C) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THIS 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 THIS WEBSITE.
17. Indemnification
You agree to indemnify, hold harmless and, at our option, defend Robnevins.com
and our affiliates, and our and their officers, directors, employees, stockholders,
agents and representatives from any and all third party claims, liability, damages
and/or costs (including, but not limited to, reasonable attorneys fees and expenses)
arising from your improper use of this Website or our products or offerings,
your violation of these Terms & Conditions, or your infringement, or the
infringement or use by any other user of your account, of any intellectual property
or other right of any person or entity.
18. Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in accordance
with the laws of the State of Connecticut, without giving effect to any principles
of conflicts of law. You agree that any action at law or in equity arising out
of or relating to your use of this Website or these Terms & Conditions shall
be filed only in the state or federal courts located in New Haven County in the
State of Connecticut and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action.
19. Miscellaneous Terms
In any action against us arising from the use of this Website, the prevailing
party shall be entitled to recover all legal expenses incurred in connection
with the action, including but not limited to its costs, both taxable and non-taxable,
and reasonable attorney's fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these terms and shall not
affect the validity and enforceability of any remaining provisions. These Terms & Conditions,
together with the Subscription Agreement (if applicable), are the entire agreement
between you and us relating to the subject matter herein. If you are a subscriber
to one of our online subscription offerings or products, in the event of any
conflict between these Terms & Conditions and the Subscription Agreement,
the Subscription Agreement shall control. These Terms & Conditions may be
modified only by our posting of changes to these Terms & Conditions on this
Website, or by written agreement of both parties. Each time you access this Website,
you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms & Conditions.
These Terms & Conditions will inure to the benefit of our successors, assigns
and licensees. The failure of either party to insist upon or enforce the strict
performance of the other party with respect to any provision of these Terms & Conditions,
or to exercise any right under the Terms & Conditions, will not be construed
as a waiver or relinquishment to any extent of such party's right to assert or
rely upon any such provision or right in that or any other instance; rather,
the same will be and remain in full force and effect.