|
|
Terms and Conditions of Use
-
Acceptance of Terms and Conditions.
Your use of the "www.wweasternsc.com" web site
(the "Web Site") is subject to these Terms and Conditions.
By using this Web Site, you agree to be bound by
these Terms and Conditions. Please bear in mind that
Weight Watchers At Goal, Inc. ("Franchisee")
reserves the right to revise these Terms and
Conditions at any time, and by using this Web Site, you agree to be bound by
any such revisions when they become effective. Please review this page
regularly.
-
Trademarks. Franchisee is a
franchisee of Weight Watchers International, Inc. ("WWI").
WWI has licensed the use of its trademarks to
Franchisee pursuant to the Franchise Agreement by and between
the parties. WWI is the owner of a large number of trademarks, service marks,
certification marks and trade names. You may
use the marks contained on the Web Site for the sole purpose of identifying
the services you wish to purchase or use. All other uses of the marks owned
by WWI are strictly prohibited without the prior written approval of WWI.
All other trademarks, service marks and trade names used on the Web Site are the property of their respective owners.
-
Copyright. WWI is the owner of the copyrights in and to certain materials used
on the Web Site. Franchisee is the owner of all copyrights in and to all other
content on the Web Site, including without limitation, all text, data, graphics,
graphs, charts, photographs, videos, typefaces, music, sounds, HTML code, and
interfaces as well as site design, selection and arrangement. All rights reserved.
-
Permitted Use of Content. You are granted permission to view or download a
single copy of the material on the Web Site solely for your personal, noncommercial
use. All other uses of the content are strictly prohibited without the prior
written approval of Franchisee. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publish, adapt, edit or create derivative works from the materials or content of this site. Permission to use the copyrightable material used
on the Web Site will be granted on a case-by-case basis. Franchisee welcomes
requests. Please direct your inquiries to
scweightwatchers@comcast.net.
Content and
features contained on the Web Site are subject to change or termination without
notice in the editorial discretion of Franchisee.
-
Children's Privacy. We are committed to protecting the privacy of
children. You should be aware that this Web Site is not intended or designed
to attract children under the age of 13. In addition, we do not collect
personally identifiable information from any person that we actually know is a
child under the age of 13. We believe that minors should obtain the consent
of their parents before posting personal information on our web site. If you
are a parent and are concerned that your child may be posting information on
our web site, we encourage you to use web-filtering technology in order to
monitor your child's access to our site.
-
Accuracy of Information. Upon visiting the Web Site,
Franchisee may request personal information from
you. When providing your personal information, you agree to provide complete,
current, and accurate information. Franchisee reserves the right to suspend
or terminate your use of the Web Site if you provide, or if
Franchisee has reasonable grounds to believe that you have
provided, any personally identifiable information that is inaccurate,
incorrect or incomplete. Franchisee will use and protect your personally
identifiable information according to the
Privacy and Information
Security Policy.
-
User Name, Password and Security. At times when entering personally
identifiable information on the Web Site, you will be asked to choose a user
name and password. You will be held responsible for maintaining the
confidentiality of your password and account information and notifying
Franchisee immediately if any unauthorized use of
your password, account information or any other breach of security occurs.
-
Membership Applications and Refund Policy. The membership fees posted on the Web Site
are subject to change without notice. The receipt of an e-mail confirmation
does not constitute the acceptance of an order or a confirmation of an offer
to sell. Franchisee reserves the right,
without prior notification, to refuse membership to any customer.
Franchisee may require verification of information
prior to its acceptance of any membership application, including credit card
information. If you decide to cancel your Weight Watchers meetings membership, we will
provide you with a refund. Refunds will be prorated based upon the number of
meetings attended, less any applicable administration fees. There is no
administrative fee if you are denied membership at the meeting location, or if
after joining, in the event of pregnancy, disability, death, relocation
farther than 25 miles or outside the operating area from the Weight Watchers
location you were attending, your achievement of Lifetime Membership, a
request within 5 days of purchase, or where prohibited by law. No refunds are
available after expiration of your commitment plan. If it becomes necessary that you must cancel your membership, you may do so by sending
a message to scweightwatchers@comcast.net;.
-
Privacy. At our Web Site, we make every effort to ensure that all
transactions are safe. For more information on how we protect the security
and quality of your personal information, please see our
Privacy and Information
Security Policy. Moreover, if you discover any fraudulent activity on
your credit card, please contact your credit card company immediately.
-
External Sites. The Web Site may include links to other sites on
the Internet that are owned or operated by third parties (the "External
Sites"). Franchisee does not have any control over or responsibility
for the content, terms of use, practices or policies of the External Sites.
You should contact the site administrators and/or webmasters for the External
Sites if you have any questions or concerns about these sites. In addition,
Franchisee is not responsible for sites framed within the
Web Site, or third-party advertisements contained on
the Web Site, and Franchisee does not make
any representations regarding their content or accuracy.
Franchisee does not endorse any product advertised on the Web Site.
- User Submissions. You agree that you will not upload or transmit
any communications or content of any type that infringes upon or violates the
rights of any party. In addition, you agree that your submission is
non-confidential for all purposes. By submitting communications or content
to any part of this Web Site, you automatically grant (or warrant that the
owner of such content has expressly granted) to
Franchisee a royalty-free, perpetual, irrevocable, worldwide,
non-exclusive license to use, reproduce, create derivative works from, modify,
publish, edit, translate, distribute, perform, and display the communication
or content in any media or medium, or in any form, format, or forum now known
or hereafter developed. Franchisee shall
have the right to sublicense its rights.
- Web Site Security Rules. Users are prohibited from violating or
attempting to violate the security of
Franchisee, including, without limitation: (a) by accessing
data not intended for such user or logging into a server or account which such
user is not authorized to access; (b) by attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization; and (c) by attempting to interfere with
service to any user, host or network, including, without limitation, via means
of overloading, "flooding," "mailbombing" or "crashing." Violations of system
or network security may result in civil or criminal liability.
Franchisee will vigorously pursue all potential violations
of these security rules, and will cooperate with law enforcement in prosecuting
users who are found to have violated these security rules.
- Suspension; Termination. If it is determined that you have violated
any element of these Terms and Conditions,
Franchisee may issue a written warning and temporarily suspend
your use of the Web Site pending receipt of written confirmation from you
agreeing to refrain from any further violations; provided, however, that
Franchisee shall have the right to
immediately terminate your use of the Web Site without issuing any such
warning if such action is deemed necessary, in the sole discretion of
Franchisee. If it is determined that you have
committed a second violation of any element of these Terms and Conditions,
Franchisee shall have the right, in its
sole discretion, to immediately suspend or terminate your use of the Web Site
without further notice. Upon termination of your use of the Web Site, you
agree to immediately destroy any copies made of any portion of the content
contained thereon.
- Disclaimer. THE MATERIALS ON THIS WEB SITE ARE PROVIDED TO YOU ON
AN "AS IS" BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW,
FRANCHISEE
DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED VERBAL
OR WRITTEN REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEB SITE AND THE
CONTENT (WHETHER OR NOT ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE
IN THE TRADE, OR BY COURSE OF DEALING).
FOR EXAMPLE BUT WITHOUT LIMITATION,
FRANCHISEE
DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATION OR
WARRANTY THAT: (I) THE CONTENT IS ERROR-FREE AND/OR FREE FROM ANY COMPUTER
BUGS, VIRUSES OR DISENABLING CODES; AND/OR (II) THE CONTENT WORKS WITH ANY
HARDWARE OR SOFTWARE CONFIGURATION.
ALSO FOR EXAMPLE BUT WITHOUT LIMITATION,
FRANCHISEE
DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATION OR
WARRANTY WITH RESPECT TO: (I) THE ACCURACY, COMPLETENESS, OR CURRENCY OF THE
CONTENT; (II) OWNERSHIP OF OR TITLE TO THE CONTENT; (III) NON-INFRINGEMENT OF
THIRD PARTY INTELLECTUAL RIGHTS IN AND TO THE CONTENT OR THE MARKS; (IV) THE
MERCHANTABILITY OF THE CONTENT AND/OR ITS SUITABILITY FOR ANY PARTICULAR
PURPOSE; AND (V) THE OPERABILTY OF THE HYPERLINKS. IN NO EVENT WILL
FRANCHISEE
BE LIABLE FOR ANY INTERNET OR
TELECOMMUNICATIONS FAILURE, THIRD PARTY INTERFERENCE, COMPUTER VIRUS OR ANY
OTHER THIRD PARTY SOFTWARE OR HARDWARE THAT MAY INTERRUPT OR DELAY ACCESS TO
ANY INTERNET SITE OR CAUSE OTHER PROBLEMS OR LOSSES, AND
FRANCHISEE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY,
FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION
TRANSMITTED IN CONNECTION WITH THE USE OF THE WEB SITE.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
FRANCHISEE
SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES (INCLUDING UNDER TORT, CONTRACT OR ANY OTHER THEORY OF RECOVERY)
ARISING OUT OF YOUR USE OF THE WEB SITE, INCLUDING WITHOUT LIMITATION YOUR USE
OF, OR RELIANCE ON, ANY CONTENT OR ANY INFORMATION POSTED ON THIS WEB SITE.
THIS LIMITATION OF LIABILITY (IN WHOLE OR IN PART) MAY NOT APPLY TO YOU IN
JURISDICTIONS THAT DO NOT ALLOW FOR SUCH LIMITATIONS OF LIABILITY.
- Indemnity. You agree to defend,
indemnify, and hold Franchisee, its officers, directors, employees, agents,
licensors, suppliers, and franchisor harmless from and against any claims,
actions or demands, liabilities and settlements including without limitation,
all reasonable legal and accounting fees, resulting from, or alleged to
result from, your violation of these Terms and Conditions.
- Foreign Jurisdictions.
Franchisee makes no representation that the content contained
on the Web Site is appropriate or may be downloaded outside of
the United States.
Access to the content may not be legal in certain countries and by
certain people in those countries. If you access the Web Site from outside
the United States,
you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction.
- Choice of Law; Arbitration. These Terms and Conditions shall be
governed by the laws of the State of New York, without regard for such state's
principles regarding conflicts of laws. You agree that (i) all disputes
arising hereunder will be submitted to binding arbitration before the American
Arbitration Association; (ii) the arbitrators will have authority to award
specific performance or injunctive relief and reasonable attorneys' fees and
expenses; (iii) the arbitrators may not change, modify or alter any express
condition, term or provision of these Terms and Conditions, and to that extent
the scope of their authority is limited; and (iv) the arbitration award shall
be final and binding and judgment thereon may be entered in any court having
jurisdiction thereof. You further agree that any resort to litigation shall
be restricted to the federal or state courts located within the Borough of
Manhattan.
If any provision of these Terms and Conditions is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of these Terms and
Conditions, which shall remain in full force and effect. No waiver of any of
these Terms and Conditions shall be deemed a further or continuing waiver of
such term or condition or any other term or condition.
- Complete Agreement. These Terms and Conditions constitute and
contain the entire agreement between the parties with respect to the subject
matter hereof and supersede any prior or contemporaneous agreements, whether
oral or in writing. Your use of the
Web Site is also subject to the
Privacy and Information
Security Policy.
Thank you for your cooperation. We hope you find this Web Site helpful and
convenient to use! Questions or comments regarding this Web Site should be
directed to
scweightwatchers@comcast.net
or via
U.S.
mail to Weight Watchers At Goal, Inc. at
Box 12640,
Charleston, SC 29422.
|
|