Terms

 

Current as of May 1, 2012

www.askflorine.com (the “Website”) is owned and operated by M & L Online, L.L.C, a Michigan limited liability company (the “Site Owner”, or “us” or “we”).  The terms and conditions of this notice (the “Terms of Use“) govern your visit to and use of the Website, as well as all domains, blogs, discussion groups, forums or community pages linked from or referenced in the Website (collectively, the “Site“). By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please exit from and do not use this Site.

1. The Site Owner reserves the right, within its sole discretion, to amend or supplement these Terms of Use at any time and without notice.  You agree to review these Terms of Use periodically to check for any such changes.  If you continue to use the Site after these changes are made, you are deemed to have agreed to such changes.

2. We also reserve the right, at any time and without notice, to change or discontinue any service, content, feature, product or service offered through the Site.  We will not be liable to you or any others for any modification, suspension or discontinuance of the Site or of any service, content, feature, product or service offered through the Site. If you continue to use the Site after these changes are made, you are deemed to have agreed to such changes.

3. Although we may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and other communications on this Site, we are under no obligation to do so and assume no liability or responsibility for such content.  We are not liable or responsible for any errors, omissions, falsehoods, defamation, libel, slander, obscenities, threats, pornography, profanity or other objectionable content posted by others on this Site or the websites linked from this Site. You agree that you will not post any such objectionable content on this Site.  We will cooperate with all law enforcement and other governmental authorities, and will comply with all court orders, requesting or directing us to disclose the identity of anyone posting any objectionable content on this Site.

4. Any communication or material you transmit to this Site by electronic mail or otherwise, including without limitation any data, questions, comments, suggestions, or the like is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by us or our affiliates for any commercial or other purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. We are also free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, distributing and/or selling products or services using such information, all without notice or compensation to you.

5. Your use of this Site is at your risk. Neither the Site Owner nor any other party involved in creating, producing or hosting this Site is liable for any direct, indirect, incidental, exemplary, consequential, special, punitive or other damages arising out of your access to or use of this Site or any of the websites linked from this Site.  BY ACCESSING AND USING THIS SITE, YOU AGREE THAT NO PROMISE, GUARANTY, REPRESENTATION OR WARRANTY IS MADE TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING ANY CONTENT, FEATURE, PRODUCT OR SERVICE OFFERED THROUGH THE SITE.  ALL CONTENT, FEATURE, PRODUCT OR SERVICE OFFERED THROUGH THE SITE IS OFFERED “AS IS,” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SITE OWNER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE CONTENT CONTAINED ON THE SITE.  You assume the risk that your access to or use of this Site, including without limitation your copying, downloading or streaming of materials, data, text, images or audio from this Site, will infect your computer equipment, software or data with a virus or worm; replicate or copy data onto your hard drive; replicate, copy or capture data from your hard drive; or otherwise cause damage to your computer equipment, software or data.

6. The news, research and other data provided through the Site is obtained from sources we believe to be reliable, but we cannot and do not guarantee the accuracy, timeliness or completeness of such information or the applicability of such information for any particular purpose.

7. You should assume that all content that you see, hear or read on this Site is subject to copyright and/or trademark protection.  All content displayed on this Site, and all trademarks, logos, trade names and service marks displayed on this Site, whether or not registered, belong exclusively to the Site Owner or are displayed by the Site Owner with permission from others.  The use of this content, including images, sound files and/or written text, by you or anyone else authorized by you is prohibited unless specifically permitted by these Terms of Use or with the prior written consent of the Site Owner.  Any unauthorized use of this content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes, and may subject you to prosecution or civil liability.  You may only download or copy the contents of this Site for your personal use in the manner intended by this Site, provided you must also retain all displayed copyright, trademark and other proprietary notices.  You may not reverse engineer, distribute, modify, transmit, reuse or re-post the content of this Site.  You may not copy, reproduce, modify, sell, distribute, re-transmit, display, perform, circulate, transfer, broadcast, create derivative works from, publish, or use this Site or any content on this Site for any commercial or unlawful purpose.

8. Without limitation on the generality of the preceding paragraph: Ask Florine is a service mark, trademark or trade name of the Site Owner.  Talk to the Mirror is a registered trademark of Florine Mark.  Weight Watchers, POINTSPLUS and Weight Watchers At Work are registered trademarks of Weight Watchers International, Inc.  All rights are reserved.

9. The content of this Site is not intended to be a substitute for professional medical, legal, investment, accounting or other advice, diagnosis or treatment. The content in this Site does not constitute advice, diagnosis, treatment, or any representation that any such information is suitable for your particular circumstances. You should seek the advice of your physician, dentist, lawyer, accountant, investment advisor or other qualified professional with any questions you may have regarding all questions, conditions, diagnosis, treatments, changes in behavior or other actions or omissions that you are considering.  Never disregard professional advice or delay in seeking it because of something you have read on this Site.

10. You understand and agree that this Site uses third party servers, browsers and software to transport, transfer and display data and communications.  The Site Owner disclaims on its own behalf and on behalf of all third party service providers any liability (including, without limitation, for lost profits, loss of data, loss of goodwill, loss of time, loss of opportunity and other consequential, incidental and/or punitive damages) on account of any partial or total disruption in service and/or the interception (or “hacking”) of any data transmitted by or to you, whether caused by communication line failures, systems failures, malicious software (including, without limitation, a virus, worm, Trojan horse, malware, spyware, phishing or replicating program, or lockout or expiration code) or other causes, whether within or outside the control of the Site Owner.  We are also not responsible for any access costs which you may incur to access the world wide web and/or the Site.

11. If you have any claim against the Site Owner, that claim must be brought within six (6) months after the claim first arises, otherwise that claim will be forever barred and waived.

12. This Site may include links to, and/or advertisements for, other web sites, services or products.  By providing these links and/or advertisements, we do not endorse these other web sites (including any content provided there), services or products.  We make no representations or warranties, whether express or implied, concerning the accuracy, timeliness or completeness of any such content and/or the safety, merchantability, fitness for any particular purpose or value of any such services or products.  Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.  Without limitation on the generality of the foregoing, we do not warrant that your access or use of any web site linked from our Site will not subject your computer or other internet access equipment to a virus, worm, Trojan horse, malware, spyware, phishing or replicating program, or lockout or expiration code.  We make no representation or guaranty that hyperlinks are or will be fully operable.

13. All comments, remarks, suggestions, ideas, graphics or other information including, without limitation, information in your registration or profile or other communications to the Site Owner related to this Site (collectively, the “Submission”) will forever be the property of the Site Owner.  The Site Owner will have no obligation to treat or hold any Submission as confidential.  The Site Owner may, within its discretion, use or otherwise commercially exploit your Submission for its own benefit and profit, and without liability to you or any obligation to pay to you any fee or other compensation for the use of your Submission including, without limitation, all ideas expressed within your Submission.  Without limitation on the generality of the foregoing, you agree that the Site Owner will have exclusive ownership of all present and future rights to all Submissions of every kind and nature everywhere.  To the extent that, under applicable law, you retain any rights in and to the Submissions, you are deemed to have granted to the Site Owner an irrevocable and perpetual, royalty free and fully paid, worldwide, transferable (and sub-licensable through multiple tiers), and exclusive license to make, use and sell (including all copyright and publicity rights in and to) the Submission.  The Site Owner will be entitled to use all Submissions for any commercial or other purpose of every kind whatsoever, without notice or compensation to you or any other person sending the Submission.  The Site Owner reserves the right to monitor, edit, modify or delete any Submission.

14. You acknowledge and agree that you are responsible for all content and material you submit, and you (not the Site Owner) will have full responsibility and liability for such content and material.  By making a Submission, your represent and warrant to the Site Provider that the Submission will not (a) infringe on the copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person; (b) violate any applicable law, statute, ordinance or regulation including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; (c) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) contain any virus, worm, Trojan horse, malware, spyware, phishing or replicating program, lockout or expiration code, or other programming routines or codes that are intended to cause, or will have the effect of causing, any surreptitious or overt interception, copying, use or damage of, or interference with, any systems or data; and/or (e) promote goods or services that you do not have a right to promote.  If any of these representations or warranties are false, you agree to indemnify and hold harmless the Site Owner and its owners, officers, employees, successors, assigns and affiliates from and against all resulting claims, damages, costs and liabilities.  You further agree to indemnify and hold harmless the Site Owner and its owners, officers, employees, successors, assigns and affiliates from and against all claims, damages, costs and liabilities incurred by or asserted against any one or more of them, resulting from your Submissions and/or your use of the Site.

15. If you are in breach or violation of these Terms of Use, without limitation on all other rights and remedies available to the Site Owner, the Site Owner may, in its sole discretion, issue a warning, temporarily suspend, indefinitely suspend, or permanently terminate your privilege to use the Site; modify, edit or delete any of your Submissions or profiles and any other information you place on the Site; and/or recommend to Weight Watchers International, Inc., or its franchisees, that your membership be suspended or revoked.   Nothing in this Site (or these Terms of Use) will be deemed to release you from any agreements you may have made with Weight Watchers International, Inc., or its franchisees, including, without limitation, any release, membership agreement or membership policies in effect from time to time.

16. You agree not to introduce to the Site any virus, worm, Trojan horse, malware, spyware, phishing or replicating program, lockout or expiration code, or other programming routines or codes that are intended to cause, or will have the effect of causing, any surreptitious or overt interception, copying, use or damage of, or interference with, any systems or data, by any other user of the Site.  You agree not to make any Submission which imposes an unreasonable or disproportionately large load on the Site’s servers.

17. The Privacy Policy set forth in this Site is incorporated within these Terms of Use by reference.  A violation of the Privacy Policy will be deemed a violation of these Terms of Use.

18. In accordance with 47 U.S.C. Section 230(d), as amended, the Site Owner notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that is harmful to minors.  Information identifying current providers of such protections is available at http://www.netparents.org/parentstips/browsers.html, http://www.webwisekids.org, http://safetynet.aap.org, http://www.isafe.org, and http://www.govtech.com/security/Nonprofit-Organizations-Collaborate-to.html.  The Site Owner will not provide any personally identifiable information concerning users it knows to be under the age of 13, regardless of its source, to any third party for any purpose whatsoever.  Users under the age of 13 should not participate in contests or promotional opportunities, sign up to receive our newsletters, make entries or submit or post any other information to the Site; children under age 13 are not permitted to make Submissions.  Users between the ages of 13 and 18 should not participate in contests or promotional opportunities, sign up to receive our newsletters, make entries or submit or post any other information to the Site, without the consent of a parent or legal guardian.  All users are advised that the Site Owner may collect information (including personally identifiable information) from each user’s Submission. This information may be used for marketing, promotional and all other lawful purposes.

19. These Terms of Use will be governed by and interpreted under the internal laws of the State of Michigan.  All disputes arising out of or concerning this Site will be subject to the exclusive jurisdiction of the courts of Oakland County, Michigan, and the United State District Court for the Eastern District of Michigan.

20. These Terms of Use may not be modified or amended orally or by contrary course of conduct or usage of trade.

21. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable provision will be severed from these Terms of Use and the remainder of these Terms of Use will remain in full force and effect.

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