Welcome to the Internet site applications and services the (“Website”), provided by I WEIGH COMMUNITY, LLC. (“I WEIGH”). These terms and conditions govern your access and use of the Website provided by I Weigh and any all of its subsidiaries, affiliates, brands and entities that it controls. Please read these terms carefully before accessing the Website.
By using the Website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Website.
You must be at least 13 [thirteen] years of age to use the Website. By using the website and by agreeing to these terms and conditions, you warrant and represent that you are at least 13 years of age.
License to use Website
Unless otherwise stated, I Weigh and/or its licensors own the intellectual property rights published on the Website and materials used on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from the Website in neither print nor digital media or documents (including republication on another website);
- sell, rent or sub-license material from the Website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
- edit or otherwise modify any material on the Website;
- redistribute material from the Website – except for content specifically and expressly made available for redistribution; or
- republish or reproduce any part of the Website through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to the Website without I Weigh’s express written consent.
- data mining
- data extraction
- data harvesting
- ‘framing’ (iframes)
- Article ‘Spinning’
You must not use the Website or any part of it to transmit or send unsolicited commercial communications.
You must not use the Website for any purposes related to marketing without the express written consent of I Weigh.
Access to certain areas of the Website is restricted. I Weigh reserves the right to restrict access to certain areas of the Website, or at our discretion, this entire website. I Weigh may change or modify this policy without notice.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Website, for whatever purpose.
You grant to I Weigh a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to I Weigh the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or I Weigh or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
I Weigh reserves the right to edit or remove any material submitted to the Website, or stored on the servers of the Website, or hosted or published upon the Website.
I Weigh’s rights under these terms and conditions in relation to user content, I Weigh does not undertake to monitor the submission of such content to, or the publication of such content on the Website.
The Website is provided “as is” without any representations or warranties, express or implied. I Weigh makes no representations or warranties in relation to the Website or the information and materials provided on the Website.
Without prejudice to the generality of the foregoing paragraph, I Weigh does not warrant that:
- the Website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
I Weigh will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if I Weigh has been expressly advised of the potential loss.
Nothing in the above disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the above disclaimer will exclude or limit the liability of I Weigh in respect of any:
- death or personal injury caused by the gross negligence of I Weigh or its agents, employees or shareholders/owners;
- fraud or fraudulent misrepresentation on the part of I Weigh; or
- matter which it would be illegal or unlawful for I Weigh to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using the Website, you agree that the exclusions and limitations of liability set out in the above disclaimer are reasonable.
If you do not think they are reasonable, you must not use the Website.
You accept that, as a limited liability entity, I Weigh has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against I Weigh’s officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this above disclaimer will protect I Weighr’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as I Weigh.
You hereby indemnify I Weigh and undertake to keep I Weigh indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by I Weigh to a third party in settlement of a claim or dispute on the advice o I Weigh’s legal advisers) incurred or suffered by I Weigh’s arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to I Weigh’s other rights under these terms and conditions, if you breach these terms and conditions in any way, I Weigh may take such action as I Weigh deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
I Weigh may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Website from the date of the publication of the revised terms and conditions on the Website. Please check this page regularly to ensure you are familiar with the current version.
I Weigh may transfer, sub-contract or otherwise deal with I Weighs rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the State of New York, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts therein. Dependent upon circumstances of use, privacy rights related to these terms and conditions may or may not be subject certain digital privacy regulations, such as the European Union General Data Protection Regulation.