FAILURE TO READ THESE TERMS WILL STILL RESULT IN A BINDING CONTRACT.
12 WEEKS RECOMMENDS THAT YOU PRINT THESE TERMS.
1. Medical and Fitness Advice. The contents of the Site, as well as text, graphics, images, information and other material obtained from 12 Weeks or its licensors (collectively, "Content") are for informational purposes only. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. You should seek the advice of a physician or other qualified healthcare or fitness professional with any questions you may have regarding medical conditions, fitness advice or wellness planning. You should never disregard professional medical advice or delay seeking medical care because of something you may read on the Site. In the event of a medical emergency, you should immediately call a doctor or 911. 12 Weeks does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be referenced on the Site. Reliance on any information provided on the Site is solely at your own risk.
3. Use of Content; Copyright. 12 Weeks authorizes you to access the Content solely for personal, noncommercial use. Any special rules for the use of certain software and other items provided on the Site may be included elsewhere on the Site and are incorporated into this Agreement by reference. The Content is protected by copyright under both Canadian and foreign laws. Title to the Content remains with 12 Weeks or its licensors. Any use of the Content not expressly permitted under this Agreement is a breach of the Agreement and may violate copyright, trademark and other laws. Content, including Content on bulletin boards and message boards, is subject to change or termination without notice at the sole discretion of 12 Weeks. All rights not expressly granted herein or on the Site are reserved by 12 weeks and its licensors.
4. Termination. 12 Weeks may at any time terminate this Agreement and your access and use of the Site for any reason and without notice.
5. Liability of 12 Weeks. YOU USE THIS SITE AT YOUR OWN RISK. THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. 12 WEEKS, ITS LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. DIETINGPLANS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT ON THIS SITE. IN NO EVENT SHALL DIETINGPLANS.COM, ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, AND DAMAGES ARISING FROM PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIETINGPLANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any claims arising in connection with your access and use of the Site must be brought within one (1) year after the date of the event giving rise to such action.
7. Advertisements and Links. 12 Weeks does not endorse and is not responsible for the content of linked third-party sites or third-party advertisements and does not make any representations regarding their content or accuracy. The use of third-party websites is solely at the risk of the user and subject to the terms and conditions of use of each site. Third-party vendors selling merchandise or services through the Site are solely responsible for the representations regarding such merchandise or services. All matters concerning such third-party merchandise or services, including purchase terms, warranties and delivery, are solely between you and the merchants with whom you choose to do business.
8. Indemnification. You agree to defend, indemnify and hold 12 Weeks, its officers, directors, employees, affiliates, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
9. General Disclaimers. 12 Weeks makes no claims that the Content of this Site is appropriate or may be downloaded outside of Canada. The Site may contain health or medical related materials, which may appear sexually explicit or otherwise offensive to some visitors. 12 Weeks, its licensors and its suppliers have no control over and accept no responsibility for such materials. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside Canada, you do so at your own risk. 12 Weeks is not responsible for compliance with laws outside of Canada.
10. Exclusive Jurisdiction. The Parties irrevocably attorn to the exclusive jurisdiction of the courts in Vancouver, British Columbia for any proceeding arising from this Agreement.
11. Severability. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
12. Complete Agreement. This Agreement and any express additional terms identified on the Site or incorporated by reference constitute the entire understanding between the parties as to the subject matter hereof and supersedes all prior agreements and understandings with respect thereto. To the extent this Agreement differs from additional terms contained on the Site or incorporated by reference, the terms and conditions on the Site or incorporated by reference will control.
13. Cancellation. Once you become a member of 12 Weeks, you are financially responsible for the membership fees until you advise 12 Weeks that you want to cancel. However, cancellations are not permitted retroactively. Therefore, if a member cancels after a membership period has begun, the member will not be entitled to a refund for that membership period. Cancellations do not become effective until the starting date of the member's next membership period.
14. Choice of Law. This Agreement will be exclusively governed by and interpreted according to the Laws of British Columbia.