Weight hope® Terms of Service
Last Updated February 27, 2019
WeightHope.com is an online information and resources service (the “Service”) provided by Ekern Enterprises, Inc. dba Weight hope, and from other sources. Use of the Service is governed by the terms and conditions of this Terms of Service (“Agreement”). Please read this Agreement carefully before accessing or using the Service. Throughout this Agreement, WeightHope.com is referred to as “we,” “us,” or “Website.”
General terms and conditions
Please read these Terms of Service carefully before you start to use the Website or its services. By using the Website or its Services, you agree to be bound by the terms of this Agreement. If you do not agree to the Terms of Service for this site, your option is not to use the site or its Services.
We may modify this Agreement at any time. Any modifications made to this Agreement will be effective immediately upon posting on the site. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. Please check this page frequently so you are aware of any changes, as they are binding on you.
Medical Advice Disclaimer
THE SERVICE, AND ANY INFORMATION CONTAINED ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SERVICE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION AND NOT AS A SUBSTITUTE FOR MEDICAL OR PSYCHOLOGICAL ADVICE, DIAGNOSIS, OR TREATMENT. All information provided on the website is presented AS IS without any warranty of any kind, and expressly excludes any warranty of merchantability or fitness for a particular purpose.
We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on this site. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
We do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise that is not clearly identified as information, products, services or merchandise supplied by us. We also do not warrant or guarantee that files available for downloading through the Service will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this site are responsible for maintaining a means external to EatingDisorderHope.com for the reconstruction of any lost data.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site, or any part thereof, with or without notice.
Users’ agreement
Users will not upload, download, or transmit any communications or content of any type that infringes or violates any rights of any party.
Users agree that all information provided to register with this Website or otherwise, including but not limited to the use of any interactive features on the Website, is governed by our Privacy Policy and consent to all actions we take with your information consistent with our Privacy Policy.
Users will protect and keep confidential any user names, passwords, or security procedures provided or created by or together with the Website. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
Users agree that we have the right to disable any user name or password at any time if, in our opinion, you have violated any provision of this Agreement.
Users will not use this site for any purpose in violation of local, state, national or international laws.
Users will not use this site as a means to distribute advertising or other unsolicited material to any third party.
Users will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion.
Users will not impersonate another person.
Users will not hold us or any of our affiliates, subsidiaries or parent company liable for damages including (but not limited to) loss of wages, revenue or business because of any services related to or provided by this site. The sole and exclusive remedy for dissatisfaction with the services of this site will be to stop using the Service.
Users will indemnify us and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Website or a claim by a third party relating to use of the Service, or any breach or violation of this Agreement or any other term or condition contained on the Service.
Users agree to comply with all user responsibilities and obligations as stated in these Terms of Service.
Users’ representations
All site users represent and warrant that they are at least 18 years of age and that they possess the legal right and ability to agree to these Terms of Service and to use this site in accordance with these Terms of Service.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users and other persons (hereafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
If you use the Interactive Services, you agree to give Weight hope the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your submission for any purpose in any form and on any media. You also agree that you will not:
- Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights
- Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by Weight hope in its sole discretion
- Post advertisements or solicitations of business
- Post chain letters or pyramid schemes
- Impersonate another person
- Allow any other person or entity to use your identification for posting or viewing comments
- Post the same note more than once or “spam”
- Submit any communications that include personally identifiable information. You agree that if you submit personally identifiable information in a public forum, it may not be covered under the terms of our Privacy Policy.
Weight hope reserves the right (but is not obligated) to do any or all of the following:
- Remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform with these Terms of Service
- Terminate a user’s access to the Interactive Features upon any breach of these Terms of Service
- Edit or delete any communications posted on the Interactive Features, regardless of whether such communications violate these standards
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions. You agree that you will indemnify Weight hope against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to any material you have posted.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please contact us at info@weighthope.com for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, and links to social media features. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Warranties and limitation of liability
THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED ON AN “AS-IS” BASIS. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEBSITE OR THE SERVICE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE.
WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE ARE NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE MEET YOUR NEEDS OR EXPECTATIONS.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Conflict resolution
You agree that this Agreement is entered into between you and us in the state of Oregon, United States of America, and is performed within the state of Oregon and governed by and shall be construed in all respects under the laws of the state of Oregon, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Service, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the Oregon District Court sitting in Deschutes County, Oregon, or if such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States District Court for the District of Oregon, and whichever of those two courts has jurisdiction, you and we each waive any jurisdictional, venue or inconvenient forum objections to such court.
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
Termination of services
If you violate these Terms of Service, your use of this site may be terminated. We may notify you that you have breached the Agreement. We may, in our sole discretion, terminate your access to this site, or any portion thereof, or discontinue providing the site, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance.
General
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of this site may be interfered with by numerous factors outside of our control. You agree that these Terms of Service and all incorporated agreements between us and you may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation.
Our failure to act with respect to a breach by you or others of these Terms of Service does not waive our right to act with respect to subsequent or similar breaches.
Trademarks and Copyright
The mark “Weight hope” is a pending trademark of Weight hope. The materials on the site are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Service for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
Use of cookies
See our Privacy Policy for information regarding cookies and their use on our site.
Entire Agreement
The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Ekern Enterprises, Inc. with respect to the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Services.
Contact information
If you have any questions about the Service, please contact us at info@weighthope.com.