Terms & Conditions

Communications

By making an Account on our website, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You have the option to opt out of receiving any, or all, of these communications from The Weigh Off by simply clicking on the unsubscribe link or the provided instruction in any email that we send.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you are authorized and have the legal right to use any method(s) of payment used in connection with any Purchase; and that (ii) the information you supply to us is true, accurate and complete.

The Weigh Off may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By providing your information, you grant The Weigh Off the right to provide this information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, an error in your order, or for other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are frequently updating products and services on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Content

Our Service The Weigh Off, allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing upon a copyright.

You retain any and all of your rights to any Content that you provide,submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by submitting and posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute and redistribute such Content on and through the Service. You agree that this license includes our right to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

The Weigh Off has the right but not the obligation to maintain, monitor and edit all Content provided or submitted by users.

Moreover, Content found on or through this Service are property of The Weigh Off or are used with permission. You may not distribute,redistribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advanced written consent from our Service.

Accounts

When you create an account with The Weigh Off, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for protecting and maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming informed or aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene as determined by our Service.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@theweighoff.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim the alleged infringing is located;
  • your address, telephone number, and email address;
  • a statement by you attesting that you have a good faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that attesting the above information in your notice is true, accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner.

You can contact our Copyright Agent via email at support@theweighoff.com

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of The Weigh Off and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the express written consent of The Weigh Off.

Links To Other Web Sites

Our Service may contain links to third party websites or services that are not owned nor controlled by The Weigh Off.

The Weigh Off has no control over, and assumes no responsibility or liability for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals, their affiliates, or their websites.

You acknowledge and agree that The Weigh Off 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, products or services available on or through any such third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless The Weigh Off and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall The Weigh Off, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

The Weigh Off, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Illinois, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Inappropriate Content

While we believe users should be able to express themselves and their point of view, certain kinds of speech are inappropriate on The Weigh Off website. Therefore, you may not post or share Content that:
● is obscene, pornographic, or sexually explicit
● depicts graphic or gratuitous violence
● makes threats of any kind or that intimidates, harasses, or bullies anyone
● is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful

Unlawful or Harmful Content or Conduct

Although as an online service provider we are not responsible for the conduct of our users, we want The Weigh Off to be a safe place on the internet. Therefore, in using The Weigh Off website, you may not:
● Violate any local, state, national, or international law or post any Content that would encourage or provide instructions for a criminal offense
● Impersonate any person or entity or otherwise misrepresent yourself, your age, or your affiliation with any person or entity
● Use The Weigh Off to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
● Post or share any personally identifiable or private information of any third party
● Solicit passwords or personal information from anyone, including those under 18
● Use information or content you obtained on the The Weigh Off website or service in any manner not authorized by The Weigh Off Code of Conduct or Terms of Use
● Post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
● Register for more than one account; use or attempt to use another’s account, service, or system without authorization; or create a false identity on the Service or the Site
● Engage in any predatory or stalking conduct
This Code of Conduct is subject to change at any time at the sole discretion of The Weigh Off.

Disputes between Users

You are solely responsible for your interactions with other The Weigh Off users. We reserve the right, but have no obligation, to monitor and/or resolve disputes between you and other users. In the event that we do resolve a dispute between or among you and other users, our decision shall be final.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.

Miscellaneous

Governing Law; Venue and Jurisdiction. By visiting The Weigh Off website, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and The Weigh Off or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in Illinois, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts in Illinois.

Arbitration

a. You and The Weigh Off agree that all disputes, controversies or differences which may arise between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by binding arbitration in Cook County Chicago, Il in accordance with the Consumer Procedures and Rules of the American Arbitration Association.
b. Privacy. Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.
c. Definitions and Constructions. Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
d. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.
e. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: Section 2 (Terms), Section 5 (Proprietary Rights in Site Content), Section 9 (Member Disputes), Section 10 (Disclaimers), Section 14 (Limitation on Liability), Section 15 (Indemnity), and this Section 17 (Miscellaneous).
f. Entire Agreement. These Terms of Use constitute the entire agreement between you and The Weigh Off regarding the use of the Site, superseding any prior agreements between you and The Weigh Off relating to your use of the Site.
g. Other. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be held invalid or deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provision.

User Conduct

a. The User has a nonexclusive, nontransferable, limited, and revocable right to use the Site solely for User’s personal, non-commercial use. The User will not use the Site for any other purpose, including any commercial purpose, without the prior written consent of The Weigh Off. The User represents, warrants, and agrees that no materials of any kind submitted through the User’s account or otherwise posted, transmitted, or shared by the User on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. The User also agrees to use the Site in a manner consistent with any and all applicable laws and regulations.
b. The User agrees not to use the Site or to authorize any other person to use the Site to:
i. cause the Site, or any portion thereof, to be framed in such a way that the Site, or any portion thereof, appears on the same screen with a portion of another website;
ii. harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for any reason outside game play, including sending unsolicited emails or other unsolicited communications;
iii. use the Site in any prohibited or unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
iv. use automated scripts to collect information from or otherwise interact with the Site;
v. upload, post, transmit, share, store, or otherwise make available any content that the Company deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, racist, or otherwise objectionable, including the weights and other sensitive personal information of players without such players’ written permission;
vi. upload, post, transmit, share, store, or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
vii. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
viii. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
ix. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
x. upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
xi. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
xii. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
xiii. intimidate or harass other Users;
xiv. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
xv. use or attempt to use another’s account, service, or system without authorization from The Weigh Off, or create a false identity on the Site;
xvi. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of The Weigh Off is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose The Weigh Off or its users to any harm or liability of any type;
xvii. manipulate your weight in short-term ways that violate our Guidelines for weight loss, including engaging in rapid hydration or dehydration, binging, purging, and/or weight-loss surgery;
xviii. misrepresent your weight or make any other misrepresentation that affects a game;
xix. play repeatedly for the purpose of being a “professional” competitor;
xx. manipulate the game including colluding among players, wagering on a The Weigh Off game that you are not competing in, betting on someone other than yourself, betting against a player, or otherwise manipulating the natural course of the game;
xxi. play in more the allowable number of concurrent games;
xxii. Without limiting any of the foregoing, you also agree to abide by The Way Off Code of Conduct that provides further information regarding the authorized conduct of users.

Contact Us

If you have any questions about these Terms, please contact us.

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