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User Agreement

USER AGREEMENT

The following terms constitute an agreement between you and Cook2 Communications, LLC the operator of SmashYourScale.com (the "Site"). This agreement governs your use of the Site, both as a casual visitor and a registered User as described below.

BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. TO THE EXTENT YOU REGISTER ON THE SITE AS A USER, THEN IN ADDITION TO THE TERMS THAT ARE APPLICABLE TO ALL VISITORS OF THE SITE, THE TERMS THAT APPLY ONLY TO USERS SHALL APPLY TO YOU TOO.

User Eligibility

To become a User and access the area on this Site reserved for Users (the "User Area"), Smash Your Scale requires that you are age 18 or older.

This Site Does Not Provide Therapy. It provides Therapeutic conversation moderated by a licensed therapist.

ALL OF THE MATERIAL PROVIDED ON THE SITE, SUCH AS TEXT, TREATMENTS, DOSAGES, OUTCOMES, CHARTS, PROFILES, GRAPHICS, PHOTOGRAPHS, IMAGES, ADVICE, MESSAGES, FORUM POSTINGS, AND ANY OTHER MATERIAL PROVIDED ON THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MENTAL THERAPY OR TREATMENT. ALWAYS SEEK THE ADVICE OF A QUALIFIED THERAPIST WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR MENTAL HEALTH. NEVER DISREGARD PROFESSIONAL THERAPY OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE PARTICIPATED IN ON THIS SITE.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. SMASH YOUR SCALE DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC THERAPIES, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE OR BY OTHER USERS. RELIANCE ON ANY INFORMATION PROVIDED IS SOLELY AT YOUR OWN RISK.

Acceptable and Lawful Use of Site by USERS

Users shall not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Users shall not interfere with other Users’ use and enjoyment of the Site (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Users may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.

All Users represent and warrant that the information they provided when registering as a User, and all information that they subsequently provide regarding themselves is true and accurate and not misleading.

Illegal use of the Site

You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Privacy

You agree that you have read, understood and accept Smash Your Scale’s Privacy Policy and Terms and Conditions. These agreements explain Smash Your Scale’s collection of personal and non-personal information from you when using the Site and its use of and sharing of such personal and non-personal information.

Links to Other Websites

Smash Your Scale may contain links to other websites that are not under the control of Smash Your Scale. The inclusion of any link does not imply endorsement by Smash Your Scale of such site and Smash Your Scale is not responsible for the content of such linked sites.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any User Submission or other content at this Site infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") (see 17 U.S.C. 512(c)(3) for further information) by contacting Cook2 Communications, LLC at: P.O. Box 5355, Burlington, Vermont, 05402-5355.

User Password

You are responsible for maintaining the confidentiality of your User password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your User privileges may be suspended temporarily or terminated. You agree to immediately notify Smash Your Scale of any unauthorized use of your User password or login or any other breach of security.

Modifications to this Agreement

We reserve the right to modify the User Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.

Indemnification

You agree to indemnify and hold harmless Smash Your Scale and Cook2 Communications, LLC, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal fees, resulting from, or alleged to result from, your violation of this Agreement.

International Users

Smash Your Scale makes no claims that information on the Site outside of the United States. Personal information ("Information") that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy. If you are a non-U.S. user, you acknowledge and agree that Smash Your Scale may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in out Privacy Policy. If you do not consent to such transfer, you may not use this Site.

Governing Law and Venue

This agreement shall be governed by the laws of the State of Vermont and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with User in or use of the Site, shall be litigated exclusively in the state and federal courts residing in the State of Vermont, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the Sate of Vermont.

Miscellaneous Terms

Smash Your Scale TM/SM and the Smash Your Scale logo is a trademark/service mark of Cook2 Communications, LLC. You agree not to display or use these trademarks in any manner without Cook2 Communications’ prior, written permission. All intellectual property rights shall at all times remain the sole and exclusive property of Cook2 Communications and are protected by applicable intellectual property laws and treaties. Except as expressly and unambiguously authorized under this Agreement, Licensee may not (i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile modify or alter any part of the Smash Your Scale site without prior written consent.

Purchase of Paid for Services on Smash Your Scale

If you agree to pay the fee for Service said fee will be charged by the company designated by Smash Your Scale in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of said card (i.e. that the card is issued in your name).

Prices

Smash Your Scale may change the price for Smash Your Scale Service from time to time. Any price change will be communicated on the site. Your continued use of Smash Your Scale Services after such price change constitutes an acceptance of such new price.

Entire agreement

This Agreement together with the Smash Your Scale Privacy Agreement and the Smash Your Scale Terms and Conditions (the "Agreements") constitutes all the terms and conditions agreed upon between you and Smash Your Scale and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by Smash Your Scale not contained in this Agreement.