FIGWEE.COM

TERMS OF USE AGREEMENT AND DISCLAIMER

 

Welcome to Figwee.com, a website administered and owned by G2Web, Inc. We provide this Website as a service to our customers. By using this Website, you are agreeing to comply with and be bound by the following terms of use. PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. If you do not agree to these terms, you should not use the Website, and if applicable, you should cancel your user account or subscription with us.

 

1. Acceptance of Agreement. You, the user of this site ("You" or "Your") agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the Figwee.com Website (the "Website", "Figwee.com", " Figwee", "We", or "Us"). This Agreement constitutes the entire and only agreement between Us and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website, and the subject matter of this Agreement. This Agreement may be amended at any time, from time to time, by Us without specific notice to You. The latest Agreement will be posted on the Website, and You should review this Agreement prior to Using the Website. By using this Website, you agree to be legally bound and to abide by these Terms of Use, just as if you had signed this agreement. If You do not comply with this Agreement at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website. Without prior notice and in our sole discretion, we may discontinue, modify or alter any aspect of the Website. You agree that any termination or cancellation of Your access to the Website may be effected without notice. If you do not abide by this Agreement, We may immediately deactivate or delete your user account and all related data. You agree that We shall not be liable to you or any third-party for any termination or cancellation of your access to our Website.

 

2. Age Requirement. In order to use the Website you must be at least 18 years of age. Accordingly, if you are under 18 years of age, do not attempt to register for the Website or send any information about yourself to Us. You represent that the information You provide about yourself (including your age) as requested in any account registration form is accurate and complete.

 

3. Health Disclaimer. THE CONTENTS OF THIS SITE DO NOT CONSTITUTE MEDICAL ADVICE. THIS SITE OFFERS HEALTH, FITNESS, AND NUTRITIONAL INFORMATION, AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. IF YOU ARE SEEKING MEDICAL ADVICE, PLEASE CONSULT A MEDICAL PROFESSIONAL. YOU SHOULD ALWAYS CONSULT A PHYSICIAN BEFORE STARTING A FITNESS PROGRAM, CHANGING YOUR DIET, OR IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION.

 

IF YOU SUFFER FROM ANY MEDICAL CONDITION, INCLUDING BUT NOT LIMITED TO, DIABETES, HIGH BLOOD PRESSURE, CANCER, PREGNANCY, OR HEART AILMENTS, YOU MUST GET THE APPROVAL OF A PHYSICIAN PRIOR TO USING THIS WEBSITE. IF YOU SUFFER FROM ANY EATING DISORDER, INCLUDING BUT NOT LIMITED TO, ANOREXIA NERVOSA OR BULIMIA, YOU ARE EXPRESSLY FORBIDDEN FROM USING THIS WEBSITE.

 

NOT ALL EXERCISES OR ACTIVITIES DESCRIBED ON THE WEBSITE ARE SUITABLE FOR EVERYONE. YOU SHOULD UNDERSTAND THAT PARTICIPATING IN ANY EXERCISE RUNS THE POSSIBILITY OF PHYSICAL INJURY AND / OR DEATH. CONSULT A PHYSICIAN BEFORE ATTEMPTING ANY EXERCISE OR ACTIVITY DEPICTED IN THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR HEALTH PROBLEMS THAT MAY RESULT FROM THE USE OF INFORMATION CONTAINED IN THIS WEBSITE.

 

4. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by You of any such matters or any part of the Website, except as allowed by Section 6, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. You acknowledge and agree that you will not: copy, reverse engineer, or otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer or sell any information, software, products or services obtained through the Website.

 

5. Trademarks. Figwee, Figwee.com, PortionRight are either trademarks or registered trademarks of G2Web, Inc. or Figwee.com. Other product and company names mentioned on the Website may be trademarks of their respective owners.

 

6. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Website grants You only a limited, nonexclusive license for Use solely by You for Your own personal Use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other Use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for Your personal Use (but not for resale or redistribution).

 

7. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.

 

8. Indemnification. You agree to indemnify, defend and hold Us and our partners, attorneys, staff, employees, officers, agents, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to Your violation of this Agreement or Use of the Website.

 

9. Nontransferable. Your right to Use the Website is not transferable. Any password or right given to You to obtain information or documents is not transferable.

 

10. Disclaimer, Nonaffiliation, and Limits. We try to provide helpful and accurate information on the Website, but we cannot verify, endorse, or vouch for the information or services available through the Website. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Website. THE INFORMATION FROM, ON, OR LOCATED THROUGH, THIS WEBSITE, IS NOT AFFILIATED IN ANY WAY WITH ANY PRODUCT, COMMERCIAL ENTITY, OR OTHER ORGANIZATION, WHICH MAY BE MENTIONED, LISTED IN, OR OTHERWISE SEEN IN THE DATA PROVIDED ON THIS WEBSITE, UNLESS SPECIFICALLY STATED AS SUCH. THE DATA PROVIDED MIGHT BE INACCURATE OR OUTDATED. THUS, THE INFORMATION FROM OR THROUGH THE WEBSITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES CONTAINING THE FORMS OR DOCUMENTS OF THIS WEBSITE IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR WEBSITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.

 

11. Use of Information and Submissions. If You send, email, post or otherwise transmit to Us or this Website information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, stories about yourself or your weight loss, or other materials (including, but not limited to, posting, emailing, or otherwise transmitting) (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. You hereby grant to Us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify and otherwise use any of Your Submissions to the Website. You represent that Your Submissions: will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; will not violate any law, statute, ordinance or regulation; will not be obscene or contain child pornography; and will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, interfere with, intercept or expropriate any system, data or information. Further, if you distribute or display Submissions from your posts on discussion boards, community pages or messages to third parties, You represent that such Submissions will not: be intentionally misleading or fraudulent; violate any third party's rights of publicity or privacy; or be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your Submissions. You acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to You.

 

12. Third-Party Services. We may allow access to or advertise third-party merchant, commercial, or promotion sites ("Merchants") from which You may purchase certain goods or services. You understand that We do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between You and Merchants. You agree that Use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.

 

13. Privacy Policy. We are committed to protecting your privacy. Review Our Privacy Policy, as it may change from time to time, and is a part of this Agreement.

 

14. Payments. You represent and warrant that if You are purchasing something from Us that: (i) any credit information You supply is true and complete; and (ii) charges incurred by You will be honored by Your credit card company; and (iii) You will pay the charges incurred by You at the posted prices, including any applicable taxes.

 

15. Links to Other Web Websites. The Website contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by Us. Inclusion of any linked Web site on our Website does not imply approval or endorsement of the linked Web site by Us. If You decide to leave our Website and access these third-party sites, You do so at Your own risk.

 

16. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work or someone else's work has been copied or misused in a way that constitutes copyright infringement, please provide Us with the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that You claim has been infringed;

(c) A description of where the material that You claim is infringing is located on the Website;

(d) Your address, telephone number, and e-mail address;

(e) A statement by You that You have a good faith belief that the disputed Use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

 

17. Subscription Policies. Some services offered by Us are subscription-based services. If You open a subscription-based account with Us, you hereby agree to pay all charges to Your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms effective upon notice to You.

 

Your subscription will be automatically renewed and You will be automatically charged on a monthly or annual basis, depending upon the billing terms for Your account, for as long as you remain a member. You agree that We are not obligated to send You a renewal or advance billing notice, or a confirmation that Your account has been charged.

 

18. Information and Press Releases. The Website may contain information and press releases about Us from time to time. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Us.

 

19. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Nevada and shall be governed by and construed in accordance with the laws of the State of Nevada (without regard to conflict of law principles). Any cause of action by You with respect to the Website (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Las Vegas, Nevada. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.