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1. MYTIMETOGETSLIM.COM: GUIDELINES FOR ACCEPTABLE USE
The date of these Guidelines for Acceptable Use is January 14th, 2007.
Introduction
Please read these Guidelines for Acceptable Use carefully. Together
with the Service Agreement and the Privacy Statement, they govern
your use of the Service and other information, communication and
transaction services (collectively called the "Service")
provided to you by MYTIMETOGETSLIM.COM. These Guidelines, the Service
Agreement and the Privacy Statement supersede all prior communications
and agreements with regard to their subject matter; the current
version of each may be found at MYTIMETOGETSLIM.COM's Web site at
www.MYTIMETOGETSLIM.COM.org. Failing to comply with these or any
other guidelines made available to you from time to time by MYTIMETOGETSLIM.COM,
or interfering with any other person's use and enjoyment of the
Service or any other online service, may result in termination of
your account.
1. E-mail
(a) Unsolicited Commercial E-mail--Spamming. The MYTIMETOGETSLIM.COM
Web site may not be used to send unsolicited advertisements for
goods or services of any kind, free or for profit. Furthermore,
if MYTIMETOGETSLIM.COM offers e-mail as part of its Service, MYTIMETOGETSLIM.COM
accounts may not be used as a "drop box" or repository
for responses to an unsolicited advertisement (including, but not
limited to, inquiries, complaints, unsubscribe replies or bounced
messages). Users may be fined $200.00 for each day this provision
is violated. Full payment of fines will not prevent MYTIMETOGETSLIM.COM
from terminating the offending account or seeking to obtain other
legal remedies against the responsible user, including other damages
or an injunction.
(b) Mass Mailings. You may not use the Service to disseminate any
e-mail message in a broad-based mailing without MYTIMETOGETSLIM.COM's
prior consent. Whether a given mailing constitutes a "mass
mailing" is determined by MYTIMETOGETSLIM.COM in its sole discretion,
based on criteria which may include the size of the message being
sent and the number of recipients. Any message sent to more than
50 e-mail addresses simultaneously will typically be considered
a mass mailing, and will not be permitted. Sending chain letters
through the Service is prohibited. Using the Service to participate
in a pyramid scheme is prohibited. Pyramid schemes are illegal operations
in which an e-mail recipient is encouraged to send money to a list
of several people, replace one name on the list with his/her own,
and forward the e-mail in bulk to others.
(c) Threats. You may not use the Service to transmit any harmful,
threatening, abusive, harassing, defamatory, hateful or other offensive
material. For everybody's safety and comfort, we are obligated to
take threats seriously. If you make a threat, your account may be
terminated even if you were joking or didn't intend to follow through
on the stated threat.
(d) Mail Bombs. The use of the MYTIMETOGETSLIM.COM Service to send a mail
bomb is prohibited. Mail bombing is defined as sending numerous
and/or unusually large files or messages to one or more recipients
with malicious intent.
(e) Harassment. E-mail harassment is prohibited. Harassment is defined
as sending unsolicited messages which interfere with others' enjoyment
of the Service. A message does not need to be overtly threatening
or have obscene content to qualify as harassment. Unlike threatening
messages, harassing mail can sometimes be the unintended result
of mail repeatedly sent to a misspelled or otherwise incorrect address,
a poorly maintained mailing list or indiscriminate use of the "reply
to all" function. You can avoid unintentionally harassing other
users by: 1. Making sure you know all the people to whom your message
is addressed before sending it; 2. Making sure that the addresses
entered in your Address Book are entered correctly; 3. NOT selecting
"Reply to All" without knowing who all the recipients
are and being sure that they welcome mail from you; and 4. Refraining
from e-mailing any person who has stated that he or she does not
wish to receive mail from you.
2. Newsgroups
(a) Newsgroup Spamming. Excessive cross-posting, or posting of the
same article to multiple newsgroups, is prohibited. Generally accepted
standards allow posting of a single article (or substantially similar
articles) to no more than 15 newsgroups. Reported incidents of newsgroup
cross-posting will be investigated and may lead to termination of
your account.
(b) Off-Topic or Harassing Posting. Articles posted using the Service
must comply with the written charter of the newsgroup to which they
are posted. If a newsgroup does not have a charter, it is the responsibility
of the MYTIMETOGETSLIM.COM user to determine the rules of the newsgroup
before posting. Please know that the vast majority of newsgroups
prohibit posts such as chain letters, pyramid schemes, encoded binary
files (such as images or sound files), job offers or listings and
personal ads.
3. General
(a) Resale. You may not resell the Service or any part of the Service.
(b) Impersonation or Header Forgery. A MYTIMETOGETSLIM.COM user may not
attempt to send e-mail or post articles to newsgroups, mailing lists
or other forums using a name and address of someone other than himself/herself.
Attempting to impersonate any person, using forged headers or other
forged identifying or transmission path information or knowingly
permitting another person to falsely identify your account as the
origin of such transmission is prohibited and cause for immediate
termination.
(c) Password Solicitation and Other Security Attacks Use of the
Service to compromise the security or damage the resources of any
other Internet user or site is strictly prohibited. Use or distribution
of tools designed for compromising security is prohibited. The Service
may not be used to transmit or receive replies to password solicitations.
4. Viruses
(a) The Service may not be used to transmit or post any material
that contains software viruses or any other computer code designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment.
5.Infringement
(a) You agree to post, upload or transmit on or through the Service
only material that is not subject to any third party rights or material
for which you have obtained from the owner of the rights in such
material the express authorization to distribute the material on
or through the Service. Any violation may result in civil or criminal
liability. In addition, you will indemnify and hold MYTIMETOGETSLIM.COM
harmless from any damages you may cause to MYTIMETOGETSLIM.COM or third
parties.
6. Connection
(a) The following guidelines apply to your connection to the Service:
You agree that your account may not be used to maintain a persistent
and continuous connection to the Service, and you may not engage
in any practice (such as automated and/or persistent checking of
the host server) or use any software or device (such as an auto-dialing
device) in an effort to maintain a persistent and continuous connection,
except as MYTIMETOGETSLIM.COM may explicitly permit for certain service
levels. You agree that MYTIMETOGETSLIM.COM may terminate your connection
after a period of inactivity and/or if necessary, each as determined
in MYTIMETOGETSLIM.COM's sole discretion, to restore or maintain general
availability of access to the Service by, and/or appropriate allocation
of resources among, MYTIMETOGETSLIM.COM subscribers. You may not create
"simultaneous sessions" (defined as the use of a single
dial-up account on the Service by two or more modems at the same
time) unless permitted for your service level.
7. Illegal Activity
(a) Service access may be used for lawful purposes only, and use
of the MYTIMETOGETSLIM.COM Service for the transmission or storage
of any information, data or material in violation of any federal
or state regulation or law is strictly prohibited. Notification
of claimed copyright infringement or any other illegal activity
should be sent to: WebMaster@MYTIMETOGETSLIM.COM
2. MYTIMETOGETSLIM.COM: Privacy Statement
1. Our Commitment to Privacy
(a) At MYTIMETOGETSLIM.COM, we respect your right to privacy and
recognize that our primary responsibility is to meet your interests
and needs as a member or friend of MYTIMETOGETSLIM.COM. Therefore,
MYTIMETOGETSLIM.COM has adopted the following privacy statement
explaining our online information practices and the choices you
can make about the way your information may be collected and used.
This statement is part of our Web legal page and user agreement.
2. The Information We Collect--Registration
(a) In order to use certain features of this Web site, a user must
first complete a registration form. During registration, a user
is required to give contact information, such as name and e-mail
address, institutional affiliation, and job title. This information
is used to contact the user about the services on our site for which
they may have expressed interest. It will be optional for the user
to provide additional information, such as demographic information,
and personally identifiable information so that we can provide a
more personalized experience.
3. The Information We Collect and Use--Orders
(a) Whenever you place an order via this site or register for a
conference, information will be requested on an order form. The
information requested would include name and shipping address, financial
information such as a credit card number and expiration date. This
information is used for billing purposes and to fill customers'
orders.
4. The Information We Collect and Use--Cookies
(a) Our Web site does not use "cookie" technology in ways
that compromise your privacy. We use a feature of your Web browser
called "cookies" to automate certain aspects of our Web
site. Cookies are very small files that are stored on your computer
and that enable us to recognize your computer each time you return
to our site. By using cookies, we can keep track of your preferences,
what you have already seen on our site and what you haven't, and
any personalization you've done, without requiring you to enter
a password every time you come back.
(b) We do not use cookies in any way that would disclose your personally
identifiable information to a third party without your consent.
Please be aware that other companies may collect various types of
information about you and have different privacy policies and practices.
MYTIMETOGETSLIM.COM takes care to ensure its users' privacy -- but not
every company has comparable policies. Other than MYTIMETOGETSLIM.COM's
own site, no site on the Web is under MYTIMETOGETSLIM.COM's control, not
even those sites to which we may provide links, and MYTIMETOGETSLIM.COM
cannot assume any responsibility for any other site's content or
practices. Providers of Internet sites or services have separate
data and privacy practices independent of MYTIMETOGETSLIM.COM that govern
the manner in which they use the information that you provide to
them. Many Web sites use cookies to recognize you when you return
to their site; some sites require that you provide information before
they allow you to enter; some automatically gather information when
you visit, such as what operating system your computer runs, what
type of Web browser you use, what Internet access provider you use,
or what other Web pages you visit; and sites vary greatly (from
each other and from MYTIMETOGETSLIM.COM) with regard to how they use such
information and to whom they disclose it. We encourage you to exercise
care each time you are asked to provide personally identifiable
information at a site whose privacy policies you don't know.
(c) Even at MYTIMETOGETSLIM.COM's site, many of the features and much
of the content is supplied by third parties (or jointly by MYTIMETOGETSLIM.COM
and one or more third parties), each of which has its own privacy
policies and practices. You may be asked to provide personally identifiable
information when you register for certain services or promotions
on our site; in such MYTIMETOGETSLIM.COMs, the information you provide
may be collected and used by a third party rather than, or in addition
to, MYTIMETOGETSLIM.COM. Our policy requires such third parties to notify
you in advance if they intend to use information you provide for
purposes unrelated to the services or promotions for which you sign
up, and to give you the opportunity to choose not to use their service
rather than share your information with them, but we cannot assume
responsibility for their compliance with our policy.
(d) We may engage third parties to serve the advertisements that
appear on our Web site and within other parts of the MYTIMETOGETSLIM.COM
interface. These companies may use cookies to ensure you do not
see the same advertisements too often, and these cookies also may
collect information about you when you view or click on an advertisement.
Such ad-serving companies are responsible for placing and reading
these cookies; we do not have access to these cookies or control
how they are used.
5. More on How We Use Information
(a) In addition to use of cookies as described above, we use your
IP address to help diagnose problems with our server, and to administer
our Web site. Your IP address is used to help identify you and your
preferences and to gather broad demographic information.
(b) We use the information you provide about yourself when ordering
a product or service, registering for a conference, or becoming
a MYTIMETOGETSLIM.COM member to complete the transaction. We do not share
this information with outside parties except to the extent necessary
to complete the transaction.
(c) We use the information we collect based on usage by those who
register with the MYTIMETOGETSLIM.COM Network to customize the information
on the site to the user's interests.
(d) We use the information you provide about yourself for the in-print
and on-line membership directory for a variety of organizational
purposes, including sharing with you information about MYTIMETOGETSLIM.COM
products and services we think might be of interest to you. We offer
postal mailing lists for rent to third parties, but we do not sell,
rent, or share e-mail addresses with external organizations or individuals.
(e) We use data gathered through surveys and benchmarking studies
solely for the purposes described therein. Unless specifically noted
otherwise, no personally identifiable information is disclosed in
reporting on these surveys and studies.
(f) We use non-identifying and aggregate information to better design
our web site and other MYTIMETOGETSLIM.COM services. We also may share
such information with associations, organizations and commercial
enterprises to help them understand the makeup of the MYTIMETOGETSLIM.COM
membership.
(g) Finally, we do not intend to use or share the personally identifiable
information provided to us online in ways unrelated to the ones
described above without also providing you an opportunity to opt-out
or otherwise prohibit such unrelated uses.
6. Public Forums
(a) The MYTIMETOGETSLIM.COM Network makes chat rooms, forums, message
boards, and/or news groups available to its users. As indicated
above, please remember that any information that is disclosed in
these areas becomes public information and you should exercise caution
when deciding to disclose your personally identifiable information.
7. Supplemental Information
(a) This site supplements the information that you provide with
information that is received from third parties. For example, we
may include in your profile data supplied by the institution with
which you are employed.
8. Our Commitment to Data Security
(a) To prevent unauthorized access, maintain data accuracy, and
ensure the correct use of information, we have put in place appropriate
physical, electronic, and managerial procedures to safeguard and
secure the information we collect online.
9. Links to Other Sites
(a) This site contains links to other sites. As stated above, MYTIMETOGETSLIM.COM
is not responsible for the privacy practices or the content of such
Web sites.
10. How You Can Contact MYTIMETOGETSLIM.COM
You can send email to Support@MYTIMETOGETSLIM.COM.
In conclusion, should you have other questions or concerns about
these privacy policies or other aspects of our user agreement, please
send us an email at WebMaster@MYTIMETOGETSLIM.COM.
This privacy statement is subject to change. Changes may be made
by posting to the Web site, and are effective upon posting, or upon
such other date stated in the posting.
3. MYTIMETOGETSLIM.COM: Terms & Conditions of Use
SERVICE AGREEMENT
The date of this Service Agreement is June 15, 2004. Please read
this Service Agreement carefully. Together with the Guidelines for
Acceptable Use and the Privacy Statement, it governs your use of
the MYTIMETOGETSLIM.COM Web site and other information, communication
and transaction services (collectively called the "Service")
that may be provided to you by MYTIMETOGETSLIM.COM from time to
time.
This Agreement, the Guidelines and the Privacy Statement, supersede
all prior communications and agreements with regard to their subject
matter.
1. Service
(a) By completing the registration process to become a subscriber
of the MYTIMETOGETSLIM.COM Web Site Service ("Service") or by
using the Service or any software provided by MYTIMETOGETSLIM.COM ("Software")
other than to read this Agreement, you agree to accept the terms
of the Agreement (including the Guidelines and the Privacy Statement)
as if you had signed it. MYTIMETOGETSLIM.COM may change this Agreement
at any time; such changes will be effective immediately upon posting
of notice on the Web site, transmission of notice by e-mail, postal
mail, or any other means. Each time you use the Service reaffirms
your acceptance of the then-current Agreement. If you do not wish
to be bound by this Agreement, you may discontinue using the Service
and the Software and immediately terminate your account as set forth
below.
(b) Please refer to any initial signup communications for specific
information with respect to your service level. MYTIMETOGETSLIM.COM may
discontinue or alter any service level or aspect of the Service
at any time, without notice, without liability and in MYTIMETOGETSLIM.COM's
sole discretion.
2. Your Obligations
(a) You agree to provide MYTIMETOGETSLIM.COM with accurate, current and
s complete information, to the extent required by MYTIMETOGETSLIM.COM
for your registration as a subscriber of the Service or at any time
thereafter, and to maintain and to update this information as required
to keep it accurate, current and complete. You agree in your enrollment
and in your use of the Service not to impersonate any other person
or entity, and you represent that you are 13 years of age or older.
(b) You are responsible and liable for any activity by any person
who uses your account with the Service. Other users of your account
will be bound by this Agreement as if they were you. You are responsible
for maintaining the confidentiality of your password and for any
liability resulting from disclosure of your password. You agree
that, upon becoming aware that your password or account is (or possibly
is) being used without authorization, you will immediately change
your password and notify MYTIMETOGETSLIM.COM by sending e-mail to WebMaster@MYTIMETOGETSLIM.COM
(c) You are responsible for obtaining and maintaining the equipment
and telephone services necessary to access and use the Service and
for any telephone charges associated with connecting to the Service.
Depending on your location, connecting to the access number(s) you
select may involve long distance telephone charges.
(d) You expressly permit and authorize MYTIMETOGETSLIM.COM (and such third
parties as may be authorized by MYTIMETOGETSLIM.COM, subject to the Privacy
Statement) to furnish you, electronically or by any other means
selected by MYTIMETOGETSLIM.COM, information prepared by MYTIMETOGETSLIM.COM
or by (or on behalf of) other entities, including advertising information
and solicitations. You acknowledge that any such advertisements
and solicitations are an inseparable part of the Service, and you
understand and agree that such advertisements and solicitations
cannot be terminated unless the Service is also terminated. Some
third parties furnishing you with advertisements and solicitations
through the Service may permit you to "opt out" of receiving
such communications from them, in which MYTIMETOGETSLIM.COM you can do
so by following the instructions they provide. However, MYTIMETOGETSLIM.COM
is not responsible for any such party's failure to comply with its
own "opt out" policies, nor does MYTIMETOGETSLIM.COM endorse
the views or content of any third party advertisements or solicitations.
All such advertisements and solicitations will be understood to
be "requested" by you through the act of using the Service,
and each time you use your account reaffirms such request. MYTIMETOGETSLIM.COM's
policies relating to privacy and the collection and use of subscriber
information are set forth in the Privacy Statement, which forms
an integral part of this Agreement.
(e) You agree in using the Service to comply with MYTIMETOGETSLIM.COM's
Guidelines for Acceptable Use. You acknowledge that the Service
is provided only for personal and professional use by you.
(f) While MYTIMETOGETSLIM.COM does not presently do so, in the future
event that MYTIMETOGETSLIM.COM may provide e-mail services or other services
on line to its members, you agree that MYTIMETOGETSLIM.COM may establish
general practices and limits concerning use of the Service. These
may include from time to time, among others, the maximum number
of days that unread e-mail messages will be retained by the Service,
the maximum number of e-mail messages that may be sent from or received
by an account on the Service, the maximum size of any e-mail message
that may be sent from or received by an account on the Service,
the maximum disk space that will be allocated on MYTIMETOGETSLIM.COM's
servers on a subscriber's behalf, and the maximum number of times
(and the maximum duration for which) a subscriber may access the
Service in a given period of time. You acknowledge that such limits
may differ for different portions of the Service, and in particular
may be set at different levels for subscribers based on their chosen
service level and/or geographic location. You also acknowledge that
MYTIMETOGETSLIM.COM reserves the right to change these general practices
and limits at any time, in its sole discretion, with or without
notice.
3. Content
(a) You acknowledge that information, communications, photographs,
video, graphics, software, music, sounds and other materials may
be accessible to you through your use of the Service. You acknowledge
that, as a matter of policy, MYTIMETOGETSLIM.COM does not pre-screen such
materials, but that MYTIMETOGETSLIM.COM has the right (but not the obligation)
to remove from its computer servers materials (including, without
limitation, materials created, posted, uploaded or transmitted by
you) that MYTIMETOGETSLIM.COM, in its sole discretion, determines to be
in violation of the Guidelines. You further acknowledge, however,
that MYTIMETOGETSLIM.COM may not have the capability to monitor, review,
restrict, edit or remove some or all materials made available by
third parties on its Web site, and you agree that you must evaluate,
and bear all risks associated with, the use of any materials, including
any reliance on the accuracy, completeness, or usefulness of such
materials. The fact that MYTIMETOGETSLIM.COM may provide a link to a particular
Web page is not an indication that we endorse that site's policies
or the content or products available from that particular site.
(b) The following are trademarks or service marks of MYTIMETOGETSLIM.COM:
MYTIMETOGETSLIM.COM Other trademarks or service marks appear on this Web
site with the permission of their owners. You acknowledge that materials
available through the Service may be protected by copyright, trademarks,
and other intellectual property rights. You agree that your use
of such materials is governed by all applicable laws and regulations,
and by any further restrictions placed on such materials by their
owners or licensors.
(c) You acknowledge that the Service may provide certain public
areas (e.g. message boards, newsgroups, forums, and public mailing
lists), and that MYTIMETOGETSLIM.COM is a distributor (and not a publisher)
of information disseminated by persons using the Service. By posting,
uploading or transmitting material to any such area, you are requesting
MYTIMETOGETSLIM.COM to make such material available to others, and you
are acknowledging that placing such material in a public area will
result in copies of such material being transmitted to others. By
posting, uploading or transmitting material to any public area,
you (i) grant to MYTIMETOGETSLIM.COM a worldwide, royalty-free, perpetual,
irrevocable, non-exclusive license (including any moral rights)
to use, reproduce, modify, adapt, publish, distribute, display,
and create derivative works from, such material (in whole or in
part) and to incorporate it into other works in any form, media
or technology (whether now known or later developed) and (ii) warrant
that the owner of any rights in the material, including intellectual
property and moral rights, has waived such rights and has given
you the right to grant the license described above.
4. Fees
(a) As a subscriber of the Service you are solely responsible for
any charges to your account and any activities conducted through
your account. By using a credit card or other payment method to
pay for any purchases or billable portions of the Service, you expressly
authorize MYTIMETOGETSLIM.COM or its agents to charge all fees and other
charges incurred in connection with your Service to the credit card
or other payment method you have designated, and such authorization
will remain valid unless revoked by you pursuant to paragraph 8(b).
If you use a credit card and MYTIMETOGETSLIM.COM does not receive payment
from the card issuer or its agents, you agree to pay all amounts
due upon demand by MYTIMETOGETSLIM.COM. Fees are non- refundable, except
as otherwise provided in this Agreement.
(b) You may change your designated payment method by contacting
MYTIMETOGETSLIM.COM in the manner specified for that purpose on MYTIMETOGETSLIM.COM's
Web site. MYTIMETOGETSLIM.COM reserves the right to accept other forms
of payment or to modify the forms of payment it will accept. If
MYTIMETOGETSLIM.COM elects to authorize alternative or additional methods
of payment, your designation of such a method of payment will be
deemed to be an authorization to MYTIMETOGETSLIM.COM to bill you, in a
manner appropriate to your designated payment method, for all fees
and other charges incurred in connection with your service.
(c) If MYTIMETOGETSLIM.COM does not receive the amount of your account
balance within 30 days of the applicable invoice date, an additional
1.5% (or the highest amount permissible by law, if less) per month
of the amount outstanding may be added to your invoice as a late
charge. You will be liable for all attorney and collection fees
arising out of MYTIMETOGETSLIM.COM's efforts to collect any unpaid balance
of your account. If you believe that a billing discrepancy has occurred,
you must notify MYTIMETOGETSLIM.COM within 90 days after the date of the
relevant account statement from your credit card issuer or financial
institution or such amounts will be deemed to have been accepted
by you. You agree to release MYTIMETOGETSLIM.COM from any liability for
any error or discrepancy that is reported to MYTIMETOGETSLIM.COM after
such period.
(d) Your subscription to any billable portion of the Service will
continue and renew automatically, unless terminated by MYTIMETOGETSLIM.COM
or until you notify MYTIMETOGETSLIM.COM pursuant to paragraph 8(b) of
your decision to terminate your subscription to a portion of the
Service. MYTIMETOGETSLIM.COM reserves the right at any time to change
its fees and charges for use of portions of the Service, to institute
new or additional fees, and to change its policies, methods, and
procedures with respect to pricing, billing, cancellations, and
surcharges. Although MYTIMETOGETSLIM.COM expects to provide e-mail or
other notice to you prior to increasing the price you pay for the
Service, MYTIMETOGETSLIM.COM shall not be required to do so before making
any of the changes described. You may obtain current pricing information
for different service levels, as well as information about policies,
methods and procedures with respect to pricing, billing, cancellation
and surcharges (i) through MYTIMETOGETSLIM.COM's Web site, or (ii) by
sending e-mail to WebMaster@MYTIMETOGETSLIM.COM MYTIMETOGETSLIM.COM may modify
the means of accessing rates and billing information in its sole
discretion.
(e) You agree to pay all sales, use, value-added, personal property
or other governmental taxes or levies imposed on fees for the Service
or goods or services that you purchase through the Service.
5. Software License
(a) In event that MYTIMETOGETSLIM.COM may at any time provide you with
Software for use in connection with its Web site, MYTIMETOGETSLIM.COM
grants to you a personal, non-transferable, non- exclusive license
to use the Software (in object code form only) to access the Service
subject to the terms and conditions of this Agreement. Any such
Software is licensed, not sold, to you by MYTIMETOGETSLIM.COM and may
be used only to connect to the Service from the United States of
America and such other locations as MYTIMETOGETSLIM.COM may authorize.
(b) If MYTIMETOGETSLIM.COM does distribute Software to you, you may copy
and archive the Software, and you may distribute copies of the Software
to third parties, provided that all such copies contain the same
copyright notice and proprietary markings as are on the original
Software; and provided further that you do not sell, transmit or
otherwise dispose of any copy for compensation or as part of a commercial
offer. Notwithstanding the foregoing, MYTIMETOGETSLIM.COM may, at any
time, and in its sole discretion, prohibit your distribution or
your further distribution of the Software to third parties and require
you to discontinue any such activity.
(c) You agree not to translate, reverse engineer, reverse compile,
disassemble or make derivative works from the Web site or any Software
which MYTIMETOGETSLIM.COM may provide to you in providing the Service.
You agree not to attempt to modify the Web site or Software in any
manner or form, or for the purpose of obtaining unauthorized access
to the Service or disabling features of the Software or Service.
Except as may be permitted by MYTIMETOGETSLIM.COM, you agree not to access
the Service by any means other than through the interface that is
provided by MYTIMETOGETSLIM.COM for use in accessing the Service.
(d) The Service may includes certain cryptographic software that
may be subject to export controls under the U.S. Export Administration
Act. The Software may not be exported to any country or to any foreign
entity or "foreign person" to the extent prohibited under
applicable U.S. government regulations. By downloading or using
the Software, you are acknowledging and agreeing to the foregoing
limitations on your right to export or re-export the Software, and
are also representing and warranting that you are neither on any
of the U.S. government's lists of export precluded parties nor otherwise
ineligible to receive software containing cryptography that is subject
to export controls under the U.S. Export Administration Act. 4.5.
You acknowledge and agree that (i) you are not acquiring the license
granted hereunder on behalf of a U.S. government agency and (ii)
the license granted hereunder is not being acquired pursuant to
a U.S. government contract.
(e) You acknowledge that MYTIMETOGETSLIM.COM and its suppliers retain
all title, rights (including, without limitation, intellectual property
rights) and interest in the Service, except as expressly licensed
in this Agreement. All rights in the content, information and materials
accessed through use of the Service are the property of the applicable
content owner and may be protected under intellectual property and
other applicable laws. You agree that MYTIMETOGETSLIM.COM's suppliers
are direct and intended third party beneficiaries of this Agreement.
6. No Warranties
(a) You agree that use of the Service is at your sole risk. You
acknowledge that the Service may provide access to the Internet
and other Web sites, but that the Internet and other Web sites are
not owned, operated or managed by MYTIMETOGETSLIM.COM.
(b) With respect to information, goods and services provided or
accessed on or through the Service or otherwise available on the
Internet, MYTIMETOGETSLIM.COM (i) has no responsibility or obligation
with respect to (and does not endorse) any information, good or
service, (ii) makes no warranties whatsoever (express or implied)
with regard to any information, good or service (including, without
limitation, warranties of accuracy, completeness, usefulness, merchantability,
safety or fitness for a particular purpose), (iii) will not be a
party to a transaction between you and any other user of the Service,
and (iv) will not be liable, under any circumstance, for any loss,
cost or damage arising directly or indirectly from any act or omission
of any person or from any information, good or service; except to
the extent the foregoing may not be disclaimed under law. MYTIMETOGETSLIM.COM
does not assume liability to subscribers or others for any failure
to enforce the Guidelines.
(c) MYTIMETOGETSLIM.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE NOR MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM
THE USE OF THE SERVICE. MYTIMETOGETSLIM.COM DOES NOT GUARANTEE CONNECTIVITY
AT ANY TIME, FOR ANY LENGTH OF TIME OR AT ANY SPEED. THE SERVICE
AND THE SOFTWARE ARE PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER
EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN (INCLUDING ELECTRONIC)
INFORMATION PROVIDED BY MYTIMETOGETSLIM.COM, ITS EMPLOYEES, AFFILIATES,
AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED USERS WILL CREATE
A WARRANTY, NOR SHOULD YOU RELY ON ANY SUCH ADVICE OR INFORMATION.
(d) UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) WILL MYTIMETOGETSLIM.COM
OR ANYONE ELSE INVOLVED IN PROVIDING THE SERVICE OR SOFTWARE BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OR LOSSES FROM OR THROUGH THE USE OF OR INABILITY TO USE
THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR E-MAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION
OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, EVEN IF ADVISED OF
THE POSSIBILITY THEREOF.
7. Indemnification
(a) You agree to indemnify MYTIMETOGETSLIM.COM against liability arising
from your use of the Service (including, without limitation, your
dissemination of any information on the Service).
8. Termination
(a) MYTIMETOGETSLIM.COM may terminate your access to the Service and your
account at any time, for cause or for no cause, with or without
written (including electronic) notice. Upon termination, you will
have no right to continue to use the Service or access any stored
content on the Service (and any such content will be forfeited).
You acknowledge that if an account on the Service is terminated
(or if you delete your account from MYTIMETOGETSLIM.COM's central computers),
any unread e-mail sent prior to termination (or deletion of your
account) may be deleted from the Service.
(b) You may cancel billing for your Service at any time by sending
e-mail to WebMaster@MYTIMETOGETSLIM.COM or by using such other means as
MYTIMETOGETSLIM.COM may make available from time to time, provided that
you will remain liable for any fees to which you have committed
at the time of registration. If you are dissatisfied with this Agreement
or any terms, policies, or practices of MYTIMETOGETSLIM.COM in operating
the Service, any content available through the MYTIMETOGETSLIM.COM Service,
or any change to any of the foregoing, your sole recourse is to
cancel your service. Deleting your account from MYTIMETOGETSLIM.COM's
central computers or removing the Software from your computer will
not cancel billing for your service.
9. Miscellaneous
(a) The failure of either you or MYTIMETOGETSLIM.COM to insist upon or
enforce strict performance by the other of any provision of the
Agreement will not be construed as a waiver of any provision or
right. Neither the course of conduct between you and MYTIMETOGETSLIM.COM
nor trade practice will act to modify any provision of the Agreement.
(b) If any provision of this Agreement is held to be unenforceable
for any reason, that provision will be reformed only to the extent
necessary to effect the original intentions of the parties, and
the remainder of this Agreement will remain in full force and effect.
(c)This Agreement and its enforcement will be governed by, and construed
in accordance with, the laws of the State of Florida, without regard
to conflicts-of-law principles. You consent to the exclusive jurisdiction
of the state and federal courts situated in the District of Columbia
in connection with any action arising under this Agreement or relating
to the Service or Software. Any cause of action brought by or on
behalf of you with respect to this Agreement, the Service or Software
must be commenced within one year after the claim or cause of action
arose.
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