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Terms & Conditions

TERMS AND CONDITIONS

This Agreement sets and contains all of the terms and conditions between a User of SmashYourScale.com ("you" or "User") and SmashYourScale.com ("Site").

Smash Your Scale reserves the right to change these terms and conditions from time to time as it deems necessary. Please check terms and conditions occasionally for any changes.

Neither title nor intellectual property rights are transferred to any third party through the use or access to this site; rather, all rights, title, trade marks and interest in and to all aspects of this site remain the sole property of Cook2 Communications, LLC.

Disclaimer of Warranties

This website, its content and access are provided on an "as is" basis. Smash Your Scale, and its affiliates, to the fullest extent permitted by law, disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third-parties' rights, title, or fitness for a particular purpose, or warranties arising by course of dealing or custom of trade.

Specifically, Smash Your Scale and its affiliates make no representations or warranties regarding the (i) accuracy, completeness, currency or timeliness of the content, (ii) links provided on or through the use of this website or (iii) the quality and security of the website, or inability to access the content or website, including whether they will be free of viruses, unauthorized code or other harmful components.

Disclaimer of Medical Liability

The content is offered for informational and educational purposes only, and is not intended to be a substitute for medical advice, diagnosis or treatment. SmashYourScale.com does not offer or give medical advice. We do not provide medical or diagnostic services. You should not act upon this information without seeking professional advice and counsel.

It is the intent of SmashYourScale.com to create an informational website. SmashYourScale.com is not intended to diagnose, treat, cure or prevent any condition or disease.

User Assumes All Risk and Liability

We do not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned or described in this website. If you rely on any content obtained by you on or through this website, you do so solely at your own risk. You are solely responsible for compliance with the laws and regulations applicable to your place or country of residence and accessing this website from any country where its content does not comply with its laws and regulations is prohibited. You agree that Smash Your Scale and its affiliates shall not be liable to you or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the content or any other information obtained through use of this website. In no event will Smash Your Scale or its affiliates be liable to you or anyone else for any incidental, consequential, indirect, special or exemplary damages or lost profits arising out of the use or inability to use the content, the website or any other information obtained through the website, even if Smash Your Scale, its affiliates, its licensors, agents or representatives know or have been advised of the possibility of such damages.

These excluded damages include, but are not limited to, medical, legal and accounting malpractice damage claims or awards, pain and suffering, personal injury/wrongful death, loss of income, loss of consortium, business interruption, medical bills, damages for loss of data, loss of programs, and/or cost of procurement of substitute services or service interruptions. Smash Your Scale’s cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to the website, the content or these terms of use shall not exceed the fee, if any, paid by you or on your behalf for the use of the website for the prior twelve (12) months. Some states do not allow the exclusion or limitation of incidental damages, or limitations upon how long implied warranty lasts, so the above limitations or exclusions may not apply to you. In no event shall Smash Your Scale or its affiliates be liable for any personal injury, including death, caused by your use or misuse of this website or the content. Any claims made by you in connection with your use of this website or the content must be brought within one (1) year of the date on which the event giving rise to such action occurred. All remedies set forth in these terms of conditions are exclusive and are limited to those expressly provided for in these terms and conditions.

Hyperlinks

Any link (including a hyperlink, button or referral device of any kind) used on this website is provided for your use and convenience. The appearance of a link on this website does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship with us. We do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party websites or third-party advertisements, and do not make any representations regarding their content or accuracy. We do not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

User Responsible for All Posts and Communication

Neither Smash Your Scale nor its affiliates are under any obligation to respond to messages posted to this site or to provide any compensation for any such communication. If you post any information or material to this website you are responsible for such information or material and the consequences of their posting. If you choose to post material, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the information, creations, data or material you may post to this website.

We do not and are not responsible for screening or monitoring material posted by you or any other person or entity. If notified by one of our users of any material that is alleged not to conform to the terms of these terms and conditions, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to these terms and conditions. We reserve the right to edit or delete any material posted on our website, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.

We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted by others on the website. We also do not endorse any opinions expressed by others on the website. You acknowledge that any reliance on content posted by others on the website, and your use of that content, is at your own risk.

Forbidden Material (harmful language, malicious software, solicitation, spam etc.)

All users expressly agree to not post any material that:

Is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;

1. Infringes on the copyright or any other proprietary right of a third party;

2. Would invade the privacy of any other person;

3. Is intended to advertise to or solicit others without our express permission;

4. Constitutes charity solicitations, chain letters or pyramid schemes;

5. Contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or

6. Does not generally pertain to the designated topic or theme of the website.

You further expressly agree that you will not:

a. After receiving warning, continue to post material which we have advised you not to post;

b. Create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;

c. Post, generate or disseminate so-called "spam" or mass-mailings;

d. Harvest or otherwise collect information about others, including email addresses, without our consent;

e. Interfere with or disrupt networks connected to the website, or used for purposes of delivering the content (or violate the regulations, policies or procedures of such networks);

f. Attempt to gain unauthorized access to restricted areas of the website, other accounts, computer systems or networks connected to the website, through password mining or any other means; or

g. Interfere with another user's use and enjoyment of the website.

h. Join Smash Your Scale if you are younger than 18 years old.

Copyright and trademarks

You hereby grant to Smash Your Scale a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the website by all means and in any media now known or hereafter developed for any use or purpose.

Smash Your Scale only purports to use names, logos or marks appearing in this site in those territories in which it or its affiliates are entitled to do so, whether by virtue of pending or registered trade marks, licenses, or otherwise. For the avoidance of doubt, Smash Your Scale does not purport to use any name, logo or mark in any territory in which it is not so entitled, and will not supply or offer to supply products and/or services bearing any such name, logo or mark into any such territory. The use of these trademarks or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.

Age Requirement for Smash Your Scale

You agree that by using Smash Your Scale, you are at least 18 years of age and legally able to enter into a contract.

By checking the "I Have Read and Accept the Terms & Conditions of Use and the Privacy Policy" box and creating an account, or by logging in, a binding agreement will be executed between you and Smash Your Scale. The User should therefore read this Agreement carefully.

By registering as a User and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of the Smash Your Scale Privacy Policy.

Release from Liability

User hereby releases and agrees to hold harmless Smash Your Scale, Cook2 Communications, LLC, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of any Moderators accessed through the Site.

IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.

Opinions of the Moderators on this Site are solely their opinions. Smash Your Scale and Cook2 Communications, LLC, does not assume any liability or responsibility for the accuracy of the content on the Site.

Smash Your Scale and Cook2 Communications LLC, does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by a Moderator.

Content

Talktala does not warrant the validity, accuracy, or availability of the content and Moderator advice provided and it will not be liable for any damages sustained by Member due to reliance on such information or advice.

The information furnished by Moderators is intended for general reference purpose only. Any information on Smash Your Scale and information furnished by Moderators is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER'S FULL AND SOLE LIABILITY.

Disclaimer of Warranty and Limitation of Liability

MEMBER ACKNOWLEDGES AND AGREES THAT THE SMASH YOUR SCALE SERVICE IS PROVIDED "AS IS", AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS SMASH YOUR SCALE IN RESPECT TO SMASH YOUR SCALE’S MODERATORS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER'S NEEDS. THE USE OF SMASH YOUR SCALE IS AT THE MEMBER'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, SMASH YOUR SCALE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

SMASH YOUR SCALE EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY MODERATORS. IF A MEMBER DECIDES TO RELY ON INFORMATION PROVIDED BY A MODERATOR FOLLOWING THE USE OF SMASH YOUR SCALE, MEMBER MUST EXERCISE A HIGH STANDARD OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS SMASH YOUR SCALE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE MEMBER DECIDES TO RECEIVE AND/OR TO RELY ON. THE PURCHASE OF SERVICES IS AFFECTED AT THE MEMBER'S SOLE RISK.

UNDER NO CIRCUMSTANCES WILL SMASH YOUR SCALE, COOK2 COMMUNICATIONS, LLC, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. SMASH YOUR SCALE, COOK2 COMMUNICATIONS LLC, ITS AFFILIATES, THEIR RESPECTIVE COUNSELORS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO SMASH YOUR SCALE IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE.

IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH SMASH YOUR SCALE, THE MEMBER HEREBY RELIEVES SMASH YOUR SCALE, COOK2 COMMUNICATIONS, LLC, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.

Arbitration

User agrees that any claim or dispute related to the use of the Site and its Services, whether related to this agreement or otherwise, including the validity of this arbitration clause, shall be resolved by binding arbitration by the American Arbitration Association, under the Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction.

Member Agreement

By agreeing that you read and accepted the User Agreement and these Terms and Conditions the Member registration form, you, the Member, represent, warrant and agree to the following:

You are at least 18 years of age. That he or she is authorized to represent the person who is submitting a Member registration, and that he or she is authorized to sign the registration form on his or her behalf and bind him or her;

The information furnished by you in the registration form is accurate, true and complete, and you will maintain and update such information during the term of this Agreement so that it will remain true, accurate, current and complete.

Member's Conduct:

You, the Member, will be solely and fully liable for all conduct, postings and transmissions that are made under your user name and password. You warrant and declare that while you are using Smash Your Scale you will act according to the following rules and agree to the following:

Member agrees that any information or content that he or she posts or transmits or receives through Smash Your Scale will not be considered confidential. Member grants Smash Your Scale an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any such information and content on a world-wide basis.

Member consents to Smash Your Scale collecting and processing any personal information, as per the terms of Smash Your Scale’s Privacy Policy.

Member will not take any actions that may undermine, disrupt or manipulate Smash Your Scale servers or networks connected to the Site;

Member will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit "junk mail", "spam", or any unsolicited mass distribution of email or bulletin board postings;

Member will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;

Member will not disobey or breach this Agreement or any other applicable instructions conveyed by Smash Your Scale;

Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;

Member will not upload, post, e-mail, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;

Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;

Member will not stalk, threaten or harass Moderators or other Members or infringe upon or attempt to infringe upon their privacy; and;

Smash Your Scale may review the Member's personal profile and amend any typing or spelling errors. Smash Your Scale cannot and will not examine the validity or accuracy of the details in the Member's personal profile or in any of the Member's postings or transmissions. However, Smash Your Scale may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member. Without derogating from the above, Smash Your Scale may remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing Smash Your Scale, including reliance on its accuracy, reliability or legality.

User Name and Password

When you, the Member, create and open an account with Smash Your Scale, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify Smash Your Scale of any unauthorized use of Member's password, user name, e-mail, or any other breach of security. Smash Your Scale will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by Smash Your Scale due to someone else’s use of your account or password.

Smash Your Scale may, at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.

Indemnification

Member shall indemnify, defend and hold harmless Smash Your Scale, Cook2 Communications LLC, and its employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Smash Your Scale or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Member according to this Agreement; or (b) any materials that Member had posted to Smash Your Scale or transmitted through it, and/or any content on Member's Web site or otherwise provided by Member.

Notice

Any notice or other communication to be given hereunder will be in writing, postpaid registered or certified mail, return receipt requested or electronic mail. The date of receipt shall be deemed the date on which such notice is given.

No Assignment

Member shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Smash Your Scale. Any purported assignment by Member without the appropriate prior written approval will be null and void and of no force or effect.

Modifications to this Agreement

Smash Your Scale may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, Member is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes, Member agrees to be bound by such changes to this Agreement.

Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of Vermont (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in Vermont. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Smash Your Scale and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by Smash Your Scale with respect to the subject matter except as set forth herein. Smash Your Scale services are not open to Members who live in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States.

No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

All contents of this site are owned by Smash Your Scale. Smash Your Scale is a copyright protected. All rights reserved.