PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE
WeightCare.com, (hereinafter referred to as "WeightCare.com" or "us" or "we") provides this website, http://www.weightcare.com/ and all related content and services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this Terms of Service ("TOS"). WeightCare.com reserves the right at any time to:

- change the terms and conditions of this TOS;
- change the Site, including eliminating or discontinuing any content on or feature of the Site;
- change any fees or charges associated with use of the Site or for any products or services offered for sale or otherwise available on the Site.
Any changes we make will be effective immediately upon notice, which we may provide by posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this TOS periodically to ensure familiarity with the most current version. You acknowledge that you are bound by this TOS. Upon our request you agree to sign a non-electronic version of this TOS.

BY USING THE SITE YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, PLEASE DO NOT USE THE SITE. BY USING THE SITE YOU ARE INDICATING THAT YOU ARE AT LEAST 13 YEARS OLD. IF YOU ARE NOT 13 YEARS OLD PLEASE DO NOT ENTER THE SITE.

1. Description of Services

Making Purchases. Certain products or services may be offered for sale on the Site. You may be asked by WeightCare.com or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide WeightCare.com or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.

Descriptions, images or listings of, or links or references to, products or services on the Site ("Product Offerings") do not imply WeightCare.com's endorsement of such products or services. We reserve the right, without prior notification, to change such Product Offerings (including without limitation any prices or available quantities), or to limit the order quantity on any product or service and/or refuse service to you.

Message Boards, Chats and Other Forums. Weightcare.com hosts message boards, chats and other forums on the Site. Members are expected to abide by the Rules of Conduct that are set forth. Any member failing to comply with the Rules of Conduct or Terms of Service may be expelled from message boards, chats or other public forums on the Site. WeightCare.com may terminate or restrict such Member's continued access to the Site.

Sweepstakes, Contests, and Games. Any sweepstakes, contests, and games that are accessible through the Site are governed by specific rules, which are linked from the particular activity. By entering such sweepstakes or contests or participating in such games you are subject to those rules-- please remember to read them carefully.

Monitoring. We have no obligation to monitor Member Websites, chats, message boards or any other materials that you or third parties transmit or post on or to the Site. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site, your Website, message boards, the chats and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or message board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our Members and visitors; and to comply with legal obligations or governmental requests.

2. Your Registration Obligations

When and if you register to become a Member, you agree to (a) provide true, accurate, complete, and current information (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this TOS, your use of the Site and Member Website if applicable.

As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username, password and/or domain name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by us in our sole discretion. You are responsible for ensuring the confidentiality of your username and password, and you agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by immediately emailing us at feedback@ weightcare.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES, WHETHER BY YOU OR ANYONE ELSE (INCLUDING WITHOUT LIMITATION PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

3. Code of Conduct

While using the Site or any services offered on or through the Site you agree to abide by the Rules of Conduct that are set forth. Be sure to review this Rules of Conduct periodically to ensure familiarity with the most current version.

4. Jurisdictional Issues

WeightCare.com makes no representation that materials on the Site are appropriate or available for use in locations other than the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

5. Disclaimer Regarding Links and Member Websites

The Site may provide links to other Internet websites or resources ("Linked Sites"). Weightcare.com neither controls nor endorses such Linked Sites, nor have we reviewed or approved any content that appears on such Linked Sites. You acknowledge and agree that WeightCare.com  is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You further acknowledge and agree that WeightCare.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods and services available on or through any Linked Site.

6. Termination

The TOS shall remain effective until terminated in accordance with its own terms. You agree that WeightCare.com, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.

7. Indemnification

You agree to indemnify, defend, and hold WeightCare.com and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly out of or from (a) your breach of these TOS, including any violation of the Rules of Conduct set forth, (b) any allegation that any materials that you submit to WeightCare.com infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (c) your activities in connection with the Site.

8. Proprietary Rights

You acknowledge and agree that the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of WeightCare.com or WeightCare.com's licensors. You further acknowledge and agree that content contained in advertisements is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, "Materials"), by posting such Materials to any area of the Site you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. The foregoing license to WeightCare.com shall be fully paid-up and royalty free. In no event, however, shall WeightCare.com have any obligation to pay a fee to a Member in connection with any transfer of WeightCare.com's business, including without limitation any merger or sale or transfer of all or substantially all of the assets of WeightCare.com, nor shall the sale of advertising on any WeightCare.com site, including the Site, give rise to any obligation to pay a fee to Member.

None of the Materials disclosed in Message Boards or chats shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.

9. WeightCare.com Privacy Policy

Our policy with respect to the collection and use of personal information is set forth here

10. Copyright Policy

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by WeightCare.com infringe your copyright, you, or your agent may send WeightCare.com notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon WeightCare.com actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send WeightCare.com a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see here for details.

WeightCare.com's Copyright Contact for notice of claims of copyright infringement or counter notice can be reached as follows: abuse@weightcare.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

11. Disclaimer of Warranties

THE SITE, ANY CONTENT, ALL TOOLS, PRODUCTS OR SERVICES DISPLAYED ON, OR ACCESSED OR OBTAINED ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WeightCare.com AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE AND ACCESS TO AND USE OF THE MEMBER WEBSITES AND ALL TOOLS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SOFTWARE, THE SITE , THE MEMBER WEBSITES OR THE SERVER(S) ON WHICH THE SITE AND THE MEMBER WEBSITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND ANY MEMBER WEBSITES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE AND MEMBER WEBSITES ARE ENTIRELY AT YOUR OWN RISK.

12. Limitation of Liability

NEITHER WeightCare.com NOR ITS AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE USE OF OR INABILITY TO USE THE SITE, MEMBER WEBSITE, OR ANY WEB SERVICE INCLUDING TOOLS; (II) ANY CONTENT CONTAINED ON THE SITE OR MEMBER WEBSITE; (III) STATEMENTS OR CONDUCT ON THE SITE OR ANY MEMBER WEBSITE; (IV) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE OR ANY MEMBER WEBSITE; (V) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR A MEMBER WEBSITE; (VI) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY MEMBER WEBSITE OR OTHER CONTENT OR, (VII) ANY OTHER MATTER RELATING TO THE SITE OR MEMBER WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR MEMBER WEBSITE IS TO STOP USING THE SITE OR MEMBER WEBSITE.

13. General Information

The TOS constitute the entire agreement between you and WeightCare.com and governs your use of the Site, superseding any prior agreements between you and WeightCare.com. The TOS and the relationship between you and WeightCare.com shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions. You and WeightCare.com agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the country of New York in the State of New York and any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of WeightCare.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this TOS and shall not affect the validity and enforceability of any remaining provisions. The section titles in the TOS are for convenience only and have no legal or contractual effect. This TOS is not assignable, transferable or sublicensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach of default.

Legal Notices. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.