1. Acceptance Of Terms.
A. This Agreement, which incorporates by reference other provisions applicable to use of this website and any of its affiliate websites, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in this website and any of its affiliate websites, sets forth the terms and conditions that apply to use of this website and any of its affiliate websites by User. By using this website and any of its affiliate websites (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use this website and any of its affiliate websites is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
B. Mesirov shall have the right at any time to change or discontinue any aspect or feature of this website and any of its affiliate websites, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. Changed Terms.
Mesirov shall have the right at any time to change or modify the terms and conditions applicable to User’s use of this website and any of its affiliate websites, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this website and any of its affiliate websites, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of this website and any of its affiliate websites by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. Description Of Services.
Through its Web property, Mesirov provides User with access to a variety of resources, including download areas, communication forums and product information, membership benefits, and other related content, features, and products (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOU.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of this website and any of its affiliate websites and all charges related thereto.
5. User Conduct.
A. User shall use this website and any of its affiliate websites for lawful purposes only. User shall not post or transmit through this website and any of its affiliate websites any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Mesirov ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Mesirov ‘s discretion restricts or inhibits any other User from using or enjoying this website and any of its affiliate websites will not be permitted. User shall not use this website and any of its affiliate websites to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Mesirov.
B. This website and any of its affiliate websites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of this website and any of its affiliate websites are copyrighted as a collective work under United States copyright laws. Mesirov owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Mesirov and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on this website and any of its affiliate websites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this website and any of its affiliate websites, User automatically grants, or warrants that the owner of such material has expressly granted Mesirov the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants Mesirov the right to edit, copy, publish and distribute any material made available on this website and any of its affiliate websites by User.
D. User is responsible for the results User actually obtains as a member of the available programs, content, and products on this and all affiliated digital properties. At no time can Mesirov guarantee results and any examples or testimonials are used to display possible results. Individual results may vary.
E. The foregoing provisions of Section 5 are for the benefit of Mesirov, 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. Use Of Services.
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Mesirov has no obligation to monitor the Communication Services. However, Mesirov reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Mesirov reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Mesirov reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mesirov’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. Mesirov does not control or endorse the content, messages or information found in any Communication Services and, therefore, Mesirov specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized Mesirov spokespersons, and their views do not necessarily reflect those of Mesirov.
7. Using The Site.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.
B. Permission to Use the Site.
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
C. Site Availability.
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
8. Member Account, Password, Security, and Billing.
If any of the Services requires User to open an account, User must complete the registration process by providing Owner with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Owner immediately of any unauthorized use of User’s account or any other breach of security. Owner will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Owner or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
All membership accounts must be paid before a user may access the membership site. Only one (1) person per membership is permitted. Any abuse of this provision may result in the cancellation of the membership at issue.
Those user’s who sign up for Mesirov’s Diet Plan and other Mesirov programs offering “lifetime access” to the site or an affiliated site, shall be entitled and encouraged to use the appropriate Mesirov website as needed. For the purposes of this paragraph, “lifetime access” is defined as: for the life of the individual person signed up for the program offering lifetime access to this and/or a Mesirov owned website, or for as long as Mesirov chooses to keep the website(s) active and available.
At no time shall any member signing up for a program offering “lifetime access” be entitled to any type of refund or credit for this portion of their membership.
Users who sign up for selected Mesirov programs, will have access to Mesirov’s private Facebook Group (login information will be provided after a member signs up) for three (3) months from the date of signing up for a program. This timeframe may be lengthened at the sole discretion of Mesirov as general terms for all users or for individual users based on their specific situation.
Users who select to sign up for Mesirov’s email-only coaching programs will have access to Mesirov’s coaching emails only and will not have access to Mesirov’s membership sections of the Mesirov website(s) unless purchased separately.
5. Also, with the subscription service, clients are charged every month. I must receive notification 5 days prior to the beginning of the next billing cycle to terminate the subscription. Those who terminate with less than 5-days before the next billing cycle will end their subscription with the next billing cycle.
Payments for membership may be made on the Site and as part of the paid membership, your credit card will be run each subsequent billing cycle in advance. If a user wishes to terminate any billed Mesirov service, such termination must be made within five (5) calendar days prior to the billing cycle the user wishes to no longer be charged and have access to the membership portions of the Mesirov site(s) (the “Termination Deadline”). If user does not cancel by the Termination Deadline, user will be charged for the next billing cycle and shall still have all access to the Mesirov sites through the end of the billing cycle, at which time the membership will be terminated and no further charges shall be made to user’s credit card (with the exception of any outstanding balances due at the time of termination).
9. Communications From Mesirov, and/or this website and any of its affiliate websites, and Other Users.
By creating an account, you agree to receive certain communications in connection with the Site. For example, you will receive our e-mail newsletter and you can opt-out of non-essential communications.
10. Notice Specific To Software Available On This Website.
Any software that is made available to download from the Services (“Software”) is the copyrighted work of Owner and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MESIROV HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, MESIROV MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. MESIROV DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
11. Notice Specific To Documents Available On This Website.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
MESIROV AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MESIROV AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL OWNER AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OWNER AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
12. Notices Regarding Software, Documents And Services Available On This Site.
IN NO EVENT SHALL OWNER AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
13. Materials Provided To Mesirov Or Posted At Any Of Its Websites.
Mesirov does not claim ownership of the materials User provides to Mesirov (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting Mesirov, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all Mesirov Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
Mesirov may translate these Terms into other languages for your convenience upon request, but is not required to provide such a copy. Nevertheless, the English version governs your relationship with Mesirov and/or this website and any of its affiliate websites, and any inconsistencies among the different versions will be resolved in favor of the English version.
15. Disclaimer of Warranty; Limitation of Liability.
A. USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE AND ANY OF ITS AFFILIATE WEBSITES IS AT USER’S SOLE RISK. NEITHER OWNER, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS WEBSITE AND ANY OF ITS AFFILIATE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE AND ANY OF ITS AFFILIATE WEBSITES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE AND ANY OF ITS AFFILIATE WEBSITES.
B. THIS WEBSITE AND ANY OF ITS AFFILIATE WEBSITES IS PROVIDED 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.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL 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. USER SPECIFICALLY ACKNOWLEDGES THAT OWNER 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 USER.
D. IN NO EVENT WILL OWNER, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS WEBSITE AND ANY OF ITS AFFILIATE WEBSITES OR THE OWNER 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 WEBSITE AND ANY OF ITS AFFILIATE WEBSITES. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. USER SHOULD CONSULT WITH A DOCTOR BEFORE BEGINNING ANY DIET OR EXERCISE PROGRAM. ALL INFORMATION CONTAINED ON THIS AND ANY AFFILIATE WEBSITES OR DIGITAL PROPERTIES IS FOR INFORMATIONAL PURPOSES ONLY. USER UNDERSTANDS THAT THE INFORMATION PROVIDED ON THIS AND ANY AFFILIATE WEBSITES OR DIGITAL PROPERTIES OF OWNER ARE PROVIDED TO USER WITHOUT GUARANTEE OF SUCCESS, SAFETY, OR MEDICAL APPROPRIATENESS FOR USER’S INDIVIDUAL SITUATION.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, OWNER, 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 WEBSITE AND ANY OF ITS AFFILIATE WEBSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE 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, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
16. Links To Third Party Sites.
THE LINKS ON THE SITE MAY DIRECT YOU OFF MESIROV’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF OWNER AND OWNER IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. OWNER IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. OWNER IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY OWNER OF THE SITE.
Mesirov is a distributor of content supplied by third parties and Users. Accordingly, Mesirov has no more editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of this website and any of its affiliate websites, belong to the respective author(s) or distributor(s) and not of Mesirov. Neither Mesirov 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.
Mesirov also publishes unique Mesirov created content. With this material only, Mesirov has editorial control, and holds all rights to the use of this Mesirov created content.
The content available through this website and any of its affiliate websites represents the opinions and judgments of the respective information provider, User, or other user not under contract with Mesirov. Mesirov neither endorses, nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this website and any of its affiliate websites by anyone other than authorized Mesirov employee spokespersons while acting in their official capacities. Under no circumstances will Mesirov be liable for any loss or damage caused by a User’s reliance on information obtained through this website and any of its affiliate websites. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Mesirov. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
17. Unsolicited Idea Submission Policy.
OWNER OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN OWNER’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO OWNER. PLEASE DO NOT SEND ANY UNSOLICITED IDEAS TO OWNER OR ANYONE AT OWNER. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND OWNER MAKES NO ASSURANCES YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
18. Suggestions And Improvements.
If you send us any ideas, suggestions, documents, or proposals (“Feedback”), you agree (i) your Feedback does not contain confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against and its users any claims and assertions of any moral rights contained in such Feedback.
Mesirov shall have the right, but not the obligation, to monitor the content of this website and any of its affiliate websites, including any forums, to determine compliance with this Agreement and any operating rules established by Mesirov and to satisfy any law, regulation or authorized government request. Mesirov shall have the right, but not the obligation, in its sole discretion to edit, refuse to post or remove any material submitted to or posted on this website and any of its affiliate websites. Without limiting the foregoing, Mesirov shall have the right to remove any material that Mesirov, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to indemnify, defend, and hold Mesirov, their parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Mesirov Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Mesirov reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Mesirov. Mesirov will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
21. Disclaimers And Limitations Of Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE MESIROV ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
A. THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THE MESIROV ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE MESIROV ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE MESIROV ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
B. THE MESIROV ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, THE MESIROV ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
C. THE MESIROV ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES/ORGANIZATIONS LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE MESIROV ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
E. THE MESIROV ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE MESIROV ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) ONE HUNDRED DOLLARS ($100.00).
F. THE MESIROV ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
Either Mesirov or User may terminate this Agreement at any time. Without limiting the foregoing, Mesirov shall have the right to immediately terminate User’s Account in the event of any conduct by User which Mesirov, in its sole discretion, considers unacceptable or in the event of any breach by User of this Agreement.
We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
This Agreement and any and all operating rules for this website and any of its affiliate websites established by Mesirov constitute the entire agreement of the parties and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California and the United States of America, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
24. Copyright Notice.
This website and any of its affiliate websites and its logos are trademarks of Mesirov. All rights reserved. All other trademarks appearing on this website and any of its affiliate websites are the property of their respective owners.
The names of actual companies, organizations, or groups mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
ASSUMPTION OF RISK
In consideration of the services of Erica Mesirov, EricaMesirov.com, and its affiliates, owners, agents, and assigns (“Owner” or “Mesirov”), User agrees to all of the terms and conditions of this Liability Waiver and Assumption of the Risk document (“Waiver”) and understands that by using this website and the information contained herein, I am accepting the terms contained herein.
User hereby agrees to release and discharge Mesirov, on behalf of yourself, your children, your parents, your heirs, assigns, personal representatives and estate as follows:
1. By accepting these terms, you will not hold Mesirov responsible for any injury, illness, allergic reaction, or lack of results while engaged in a diet or fitness program or at any time in the future.
You acknowledge that Erica Mesirov is NOT a physician, licensed dietician, licensed nutritionist, certified personal trainer, or any other licensed/certified professional. I completely acknowledge that I am simply receiving advice and it is my choice to adhere to the provided advice. Your participation in this program is voluntary, and by using this website and any affiliated websites, you accept responsibility for any harm, injury, illness or death that may result from your participation.
2. You understand that it is my responsibility to consult with my physician before starting a nutrition and fitness program with Mesirov. You affirm that you are in good physical condition and do not suffer from any mental or physical disability which would prevent or limit your participation in a program provided by Mesirov.
3. You understand that you are participating in a program of strenuous physical activity including but not limited to walking, hiking, running, swimming, biking, resistance training, weight training, cardiovascular exercise and the use of conditioning and exercise equipment.
4. You fully understand you may suffer injury and even death as a result of participating in the program and you release Mesirov from any and all liability now and in the future, including but not limited to medical expenses, lost wages, pain and suffering that may occur by reason of heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and any other illness, soreness or injury, however caused, whether occurring during or after my participation in the program regardless of fault.
5. You voluntarily release, forever discharge, and agree to indemnify and hold harmless Mesirov from any and all claims, demands, or causes of action, which are in any way connected with my participation in the Mesirov diet or training program, including such claims which you, your children, parents, heirs, assigns, personal representative and estate have or may have that allege ordinary negligent acts or omissions of Mesirov.
6. Any advice regarding dietary supplements provided by Mesirov is strictly done so by opinion only, and these products may not have been approved by the FDA. Any companies or products mentioned by Mesirov are not affiliated with Mesirov and Mesirov is not liable for any negative repercussions. By agreeing to these terms you are accepting that you will not hold Mesirov accountable for any issues, health related or non‐health related that may result from consuming a product suggested or recommended by Mesirov. You understand that you are responsible for understanding your own body and the health risks involved in consuming a dietary supplement.
7. You agree that the foregoing liability waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the state of California and that if any portion thereof is held invalid, it is agreed that the remaining provisions shall continue in full force and effect. Likewise, you agree that if legal action is brought, it must be brought in accordance with the other terms and conditions associated with utilizing this program and brought within Los Angeles County, California.
8. You have read this Waiver fully and understand its terms. agreeing to these terms by using the website and the information on it and if you disagree with any of the terms you have the right to use a different website and/or service of your choosing.
9. You affirm that you are over the age of 18 years old, or are the guardian with the legal ability to enter into a contract on behalf of a person under the age of 18 (a “Minor”). If you are a guardian of a Minor and the Minor is being permitted by Mesirov to participate in this diet and fitness program, you further agree to indemnify and hold harmless Mesirov from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.
Your use of this website shall be a complete and unconditional release of all liability to the greatest extent allowed by law in the State of California.