FLORINE
ONLINESM TERMS & CONDITIONS AS OF 1/23/04.
Agreement to Terms and Conditions The following
terms and conditions govern your use of Florine OnLineSM.
1. RIGHT TO MODIFY SITE AND TERMS &
CONDITIONS
The M & L OnLine L.L.C. reserves the right to add, delete or
modify the functionality of Florine OnLineSM and to amend or supplement
these Terms & Conditions at any time and at its sole discretion.
2. INTERNET ACCESSIBILITY
Florine OnLineSM are delivered to you via the Internet
using commercially available third-party web browsers and Internet
utility software from various unaffiliated software providers. By
accepting and using such software, you agree to non-exclusive, non-transferable
software licenses with such third-party software providers. No amendment,
change or waiver of any such licenses, or of these Florine OnLineSM
Terms & Conditions, by The M & L OnLine L.L.C. or any employee
or representative of The M & L OnLine L.L.C. employee or representative
is either authorized or permitted. The M & L OnLine L.L.C. does
not warrant the performance of, and bears no responsibility for,
your use of any third-party software.
3. NEWS & RESEARCH
The news, research and other data provided through Florine OnLineSM
is obtained from sources we believe to be reliable, but we cannot
guarantee the accuracy, timeliness or completeness of such information
for any particular purpose.
4. COPYRIGHTS
The entire contents of Florine OnLineSM is copyrighted
and protected by United States copyright and other intellectual
property laws. The copyright is owned by The M & L OnLine L.L.C.
The entire contents of this site may only be used for personal and
non-commercial use. If you download any information from Florine
OnLineSM for your personal reference, you agree that you will not
remove or obscure any copyright or other notices contained in any
such information. Except as provided in the preceding sentence,
you agree not to copy, reproduce, modify, sell, distribute, re-transmit,
display, perform, circulate, transfer, broadcast, create derivative
works from, publish, or use for any commercial or unlawful purpose
any quotes, news, research or other information you receive through
Florine OnLineSM without the express written consent of The M &
L OnLine L.L.C. and, if applicable, the other third parties who
provide information used in Florine OnLineSM (the "Information
Provider"). The M & L OnLine L.L.C. and its Information
Provider may change or discontinue any news, research or other information
at any time provided within Florine OnLineSM at any time and in
their sole discretion.
5. LIMITATION ON THE M & L ONLINE
L.L.C.'S RESPONSIBILITIES AND LIABILITY
You agree that The M & L OnLine L.L.C. will not be responsible
for the accuracy, completeness or use of any news, research, data
or other information provided through Florine OnLineSM
and The M & L OnLine L.L.C. does not make any express or implied
warranties concerning such information. THIS SERVICE AND CONTENT
FROM OR THROUGH FLORINE ONLINESM ARE PROVIDED "AS
IS," AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. THE M & L OnLine L.L.C. ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED
ON FLORINE ONLINESM. Specifically, The M & L OnLine
L.L.C., its licensors and its suppliers make no representations
or warranties about the accuracy, reliability, completeness, currentness
or timeliness of the information, software, text, graphics, links,
or communications provided on or through the use of the Florine
OnLineSM. Some states do not allow the disclaimer of
implied warranties, so the foregoing disclaimer may not apply to
you. This warranty gives you specific legal rights and you may also
have other legal rights that vary from state to state.
THE M & L OnLine L.L.C. ALSO DISCLAIMS ANY RESPONSIBILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS RELATING
TO THE CONTENT OF FLORINE ONLINESM.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES
AND LOST PROFITS CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC
FILES OR WITHIN FLORINE ONLINESM IS DISCLAIMED.Some states
do not allow the limitation of liability, so the foregoing limitation
may not apply to you.
You understand and agree that Florine OnLineSM
utilize the Internet to transport data and communications. The WW
Group, Inc. will take reasonable security precautions to safeguard
data and communications; however, The M & L OnLine L.L.C. disclaims
any liability for interception of any such data or communications
or for any partial or total interruptions in the availability of
this Site. You agree that The M & L OnLine L.L.C., any Information
Provider or any third party working with The M & L OnLine L.L.C.
to provide services hereunder shall not be responsible for any damages
(including, without limitation, incidental and consequential damages
and lost profits) caused by communications line failures, systems
failures, and other occurrences beyond the reasonable control of
The M & L OnLine L.L.C. The M & L OnLine L.L.C. will also
not be responsible for any access costs you incur to connect to
Florine OnLineSM. Any claims arising in connection with
your use of Florine OnLineSM must be brought within one
(1) year of the date of the event giving rise to such claim. Remedies
under these Terms & Conditions are exclusive and are limited
to those expressly provided for in these Terms & Conditions.
6. AGREEMENT REGARDING DATA
By using the Florine OnLineSM, you acknowledge and agree
that: (1) the news, data and other information received by you are
solely for your individual use and you will not furnish such news
and other information to any other person or entity; (2) the news
and other information is and shall remain the property of The WW
Group, Inc. or its Information Provider, including, without limitation,
Weight Watchers International, Inc.; (3) at any time, The WW Group,
Inc. or any Information Provider may discontinue disseminating any
category of news, data and other information, may change or eliminate
any transmission method and may change transmission speeds or signal
characteristics, and you shall not hold The M & L OnLine L.L.C.
or any Information Provider liable for any resulting liability,
loss or damages that may arise therefrom; and (4) your agreements
set forth herein and the disclaimers of warranty and disclaimers
of liability set forth herein are for the express benefit of The
M & L OnLine L.L.C. or any Information Providers as third party
beneficiaries and they may enforce these provisions against you.
7. HYPERLINKS
Florine OnLineSM may contain links to other Internet
sites. Such links are not endorsements of any products or services
in such sites or warranties as to any of the content of such sites.
No information in such sites has been endorsed or approved by The
WW Group, Inc. The M & L OnLine L.L.C. is not responsible for
the content of such sites, sites framed within this Site, or third
party advertisements, and does not make any representations or warranties
(expressed or implied) regarding their content or accuracy. Your
use of third-party websites is at your own risk and subject to the
terms and conditions of use for such sites.
8. SUBMISSIONS
Unless otherwise indicated herein, all remarks, suggestions, ideas,
graphics, or other information, including information in your registration
or profile or other communications to The M & L OnLine L.L.C.
relating to Florine OnLineSM (collectively, the "Submission")
will forever be the property of The M & L OnLine L.L.C. The
M & L OnLine L.L.C. will not be required to treat any Submission
to the Comments and Suggestions portion of the Ask Florine as confidential,
and will not be liable to pay you for any ideas used for its business
(including without limitation, product or advertising ideas) and
will not incur any liability as a result of any similarities that
may appear in future The M & L OnLine L.L.C. products or operations.
Without limitation, The M & L OnLine L.L.C. will have exclusive
ownership of all present and future existing rights to all Submissions
of every kind and nature everywhere. The M & L OnLine L.L.C.
will be entitled to use any Submissions for any commercial or other
purpose whatsoever, without compensation to you or any other person
sending the Submission. The M & L OnLine L.L.C. reserves the
right to edit, modify or delete any Submission.You acknowledge that
you are responsible for whatever material you submit, and you, not
The M & L OnLine L.L.C. have full responsibility for the message,
including its legality, reliability, appropriateness, originality,
and copyright. You are solely responsible for the accuracy and truthfulness
of any Submission, and we act only as a passive conduit for the
publication of your Submissions.
You agree that any Submission you provide to Florine
OnLineSM (a) will not infringe The M & L OnLine L.L.C.
or any third party's copyright, patent, trademark, trade secret
or other proprietary rights or rights of publicity or privacy; (b)
will not violate any law, statute, ordinance or regulation (including
without limitation those governing export control, consumer protection,
unfair competition, anti-discrimination or false advertising); (c)
will not be defamatory, trade libelous, unlawfully threatening or
unlawfully harassing; (d) will not contain any viruses, Trojan horses,
worms, time bombs, cancelbots or other computer programming routines
that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information;
and (e) will not promote services that you do not have a right to
link to or include. Furthermore, you may not post on Florine OnLineSM
or offer through Florine OnLineSM any; (f) service or
product that could cause Florine OnLineSM or The WW Group,
Inc. to violate any applicable law, statute, ordinance or regulation.
Solely to enable Florine OnLineSM to use your Submission,
and so that we are not violating any rights you might have in your
Submission, you agree to grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through multiple tiers)
right to exercise the copyright and publicity rights (but no other
rights) you have in your Submission, in any media now known or not
currently known, with respect to your Submission.
9. TRADEMARKS
"Florine OnLineSM," "Club Success,"
"Food Finder" and "Quick 10" are either service
marks, trademarks or registered trademarks or service marks of The
WW Group, Inc. "Talk to the Mirror" is a registered trademark
of Florine Mark. "Weight Watchers", "POINTS®"
and "FlexPoints" are registered trademarks of Weight Watchers
International, Inc. All rights are reserved. Other product and company
names mentioned herein may be trademarks or service marks of their
respective owners.
10. TERMINATION
Without limiting any other remedies, The M & L OnLine L.L.C.
may, in its sole discretion, issue a warning, temporarily suspend,
indefinitely suspend or terminate your membership in Weight Watchers,
The M & L OnLine L.L.C. and/or your privilege to use Florine
OnLineSM and may, at its sole discretion, modify, edit
or delete any of your Submissions or profiles and any other information
you place on Florine OnLineSM.
11. MODIFICATION OR DISCONTINUATION
OF SERVICE
The M & L OnLine L.L.C. reserves the right to modify or discontinue
Florine OnLineSM or any portion thereof with or without
notice to any user. The M & L OnLine L.L.C. will not be liable
to any user or any third party should The W W Group, Inc. exercise
its right to modify or discontinue Florine OnLineSM.
12. SYSTEM INTEGRITY
You as a User agree not to use any device, software or routine to
interfere or attempt to interfere with the proper workings of the
Florine OnLineSM. You agree not to take any action that
imposes an unreasonable or disproportionately large load on our
computer infrastructure.
13. INDEMNIFICATION
You as a user agree to indemnify and hold The M & L OnLine L.L.C.
and its parents, subsidiaries, affiliates, officers and employees,
and any Information Provider harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due
to or arising out of your use of Florine OnLineSM, any of your Submissions
to Florine OnLineSM, any violation of these Terms &
Conditions or the Privacy Policy, Florine OnlineSM or
any other policy of Florine OnLineSM, The M & L OnLine
L.L.C. or any infringement of any intellectual property or other
right of any person.
14. GENERAL
This Agreement will be governed in all respects by the internal
laws of the State of Michigan (without giving effect to conflict
of laws principles) as such laws are applied to Agreements entered
into and to be performed entirely within Michigan between Michigan
residents. Both parties submit to the exclusive jurisdiction in
Michigan and further agree that any cause of action arising under
this Agreement will be brought exclusively in a court of appropriate
jurisdiction in Oakland County, Michigan or in the United State
District Court for the Eastern District of Michigan. If any provision
of this Agreement is held to be invalid or unenforceable, such provision
will be struck and the remaining provisions will be enforced. Headings
are for reference purposes only and in no way define, limit, construe
or describe the scope or extent of such section. Our failure to
act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.
15. CHILD ONLINE PROTECTION ACT NOTIFICATION
Pursuant to 47 U.S.C. Section 230(d) as amended, The WW Group, Inc.
hereby 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 material that is harmful
to minors. Information identifying current providers of such protections
is available at the Electronic Frontier Foundation website, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/,
and at the America Links Up website, http://www.netparents.org/parentstips/browsers.html.The
M & L OnLine L.L.C., Florine OnLineSM encourage parents
and guardians to spend time with their children online, and to be
familiar with the sites their children visit. At various places
on our sites, we ask whether users are under the age of 18 or 13.
The M & L OnLine L.L.C. relies on our users to be truthful in
responding to these questions.
Individuals Under 13
No information should be submitted to or posted on Florine OnLineSM
by users under the age of 13. The WW Group, Inc. will not provide
any personally identifying information about 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 in Ask Florine or
submit or post any other information to Florine OnLineSM.
Individuals 13 Through 17
The M & L OnLine L.L.C. requests that children under the age
of 18 not to participate in contests or promotional opportunities,
sign up to receive our newsletters, make entries in Ask Florine
or submit or post any other information to Florine OnLineSM
without getting permission from their parents or legal guardians.
If an individual between the ages of 13 and 17 does so, The WW
Group, Inc. may collect information (including personally identifying
information). This information may be used for marketing and promotional
purposes and may, with the user's permission, be shared with third
parties, as set forth in the Florine OnLineSM Privacy
Policy. If a user or his/her parent or guardian changes his/her
mind with respect to such use, that user, parent or guardian may
stop that use either by e-mail request to ask_florine@wwgroup.com
or by modifying his/her registration information online.
16. INFRINGEMENT POLICY
The M & L OnLine L.L.C., pursuant to 17 U.S.C. Section 512,
as amended by Title II of the Digital Millennium Copyright Act (the
"Act"), reserves the right, but not the obligation, to
terminate your license to use the Site if it determines in its sole
and absolute discretion that you are involved in infringing activity,
including alleged acts of first-time or repeat infringement, regardless
of whether the material or activity is ultimately determined to
be infringing. The M & L OnLine L.L.C. accommodates and does
not interfere with standard technical measures used by copyright
owners to protect their materials. In addition, pursuant to 17 U.S.C.
Section 512(c), The M & L OnLine L.L.C. has implemented procedures
for receiving written notification of claimed infringements and
for processing such claims in accordance with the Act. Our designated
agent to receive notification of claimed infringement is:
Mr. Andrew Mark
The M & L OnLine L.L.C.
P.O. Box 9072
Farmington Hills, MI 48333-9072
Phone: (248) 553-8555
email: agent2wwgroup.com
In addition, any written notice regarding any defamatory
or infringing activity, whether of a copyright, patent, trademark
or other proprietary right, should be sent to our designated agent,
listed above, and must include the following information:
A. physical or electronic signature of a person
authorized to act on behalf of (1) the owner of an exclusive right
that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a representative
list of such works at that site. Similarly for other types of
infringing materials, a list of such materials.
C. Identification of the material that is claimed
to be infringing, to be the subject of infringing activity, or
that is claimed to be defamatory and that is to be removed or
access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit
us to contact you, such as your address, telephone number, and/or
electronic mail address.
E. A statement that you have a good faith belief
that use of the material in the manner complained of is not authorized
by the copyright or other proprietary right owner, its agent,
or the law.
F. A statement that the information in the notification
is accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed or on behalf of the person defamed.
17. THIS SITE DOES NOT CONSTITUTE MEDICAL
OR PROFESSIONAL ADVICE
The content of Florine OnLineSM is not intended to be
a substitute for professional medical, legal, investment, or accounting
or other advice, diagnosis or treatment. Such information and opinions
provided do not constitute advice, diagnosis, treatment, or any
representation that any such information is suitable for your particular
situation. You should seek the advice of your physician, dentist,
lawyer, accountant, investment advisor or other qualified professional
with any questions you may have regarding any problems, questions,
conditions or any other substantial actions you may take. Never
disregard professional advice or delay in seeking it because of
something you have read on Florine OnLineSM.
18. AGREEMENTS WITH WEIGHT WATCHERS
INTERNATIONAL, INC.
You agree that you will continue to be bound by and adhere to all
agreements you have made with Weight Watchers International, Inc.,
including, without limitation, your Release of Weight Watchers International,
Inc., the Health Notice and the current Membership Policies of Weight
Watchers International, Inc.
19. COMPLETE AGREEMENT
Except as expressly provided in a particular "legal notice"
on the Florine OnLineSM, these Terms & Conditions
constitute the entire agreement between you and M & L OnLine
L.L.C. with respect to the use of the Florine OnLineSM.
Your use of Florine OnLineSM is also subject to the Florine
OnLineSM Privacy Policy. All provisions of the Florine
OnLineSM Privacy Policy are expressly incorporated herein.
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