Terms of Use Agreement
This Terms of Use Agreement (this “Agreement” or “Terms of Use”) is entered into by and between Gopi Akash, LLC (the “Authors”) and “you,” the user of this web blog, also known as “WeightlossTales.com” (the “Site”). Access to, use of and/or browsing of the Site is provided subject to the terms and conditions set forth herein. By accessing, using and/or browsing the Site, you hereby agree to these terms and conditions.
This Agreement contains warranty disclaimers and other provisions that limit the Authors’ liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing and/or browsing the Site constitutes acceptance of these terms and conditions. If you do not agree to be bound to each and every term and condition set forth herein, please exit the Site immediately and do not use, access and/or browse the Site.
By entering the Site, you acknowledge and agree that you have read and understand these terms and conditions, that the provisions, disclosures and disclaimers set forth herein are fair and reasonable, and that your agreement to follow and be bound by these terms and conditions is voluntary and is not the result of fraud, duress or undue influence exercised upon you by any person or entity.
Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without Authors’ prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Authors, an employee of the Authors, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Authors or users of the Site, or expose them to liability.
Additionally, you agree not to:
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Site.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site.
Accessing the Site and Account Security
Authors reserve the right to withdraw or amend this Site, and any service or material provided on the Site, in Authors’ sole discretion without notice. Authors will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Authors may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for both:
• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions Authors take with respect to your information consistent with the Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of the Site’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify Authors immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Authors have the right to disable any user name, password, or other identifier, whether chosen by you or provided by Authors, at any time in Authors’ sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Medical advice disclaimer
The Authors provide the Site and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Authors do not provide any medical advice on the Site, and the Information should not be so construed or used. Using, accessing and/or browsing the Site and/or providing personal or medical information to the Authors does not create a physician-patient relationship between you and either of the Authors. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.
Financial, legal and other advice disclaimer
You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Authors. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Site.
Information disclaimer
The opinions expressed in the Site are not necessarily endorsed by, or the opinions of, the Authors and do not necessarily reflect the opinion of their employer(s). The Site is created by the Authors in the Authors’ individual capacity, is the Authors’ personal website, is not edited by the Authors’ employer(s) and, as a result, may not be attributed to the Authors’ employer.
Any opinions of the Authors on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.
The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Authors undertake no obligation to update any Information on the Site; provided, however, that the Authors may update the Information at any time without notice in the Authors’ sole and absolute discretion. The Authors reserve the right to make alterations or deletions to the Information at any time without notice.
Reservation of intellectual property rights
The Site is protected by United States copyright laws. The Author hereby reserves any and all intellectual property rights in the Site.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Authors, their licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this Site.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at Authors’ option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Authors. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Posting guidelines
The Site is open to the public. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information to the Author in the form of user-generated comments or otherwise, you grant the Author the unlimited, perpetual right to distribute, display, publish, reproduce, reuse, and copy the information contained therein.
You are responsible for the content you post. You may not impersonate any other person through the Site. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.
By submitting or posting content on the Site, you grant the Authors and any company substantially under the control of the Authors, the right to remove any content or comment that, in the Authors’ sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Authors and any company substantially under the control of the Authors the right to modify, adapt, and edit any content.
Comment policy
Comments to individual posts are encouraged. This is a moderated forum, meaning comments are reviewed before they are posted.
Respectful comments that contribute to the topic at hand will generally be accepted.
The Site will not publish comments that, in the Authors’ sole opinion, fall under the following categories:
snarky, trolling, off-topic, make the same point repeatedly, ranting at doctors, ranting at patients, excessively long, libelous, defamatory, abusive, harassing, threatening, profane, pornographic, offensive, false, misleading, or which otherwise violates or encourages others to violate the Authors’ sense of decorum and civility or any law, including intellectual property laws
“spam,” i.e., an attempt to advertise, solicit, or otherwise promote goods and services
contain off-topic hyperlinks
The Authors reserve the right to delete any comment, for any reason, at any time. The First Amendment gives you the right to express your opinions on your blog, not the Authors’.
Comments that receive a certain number of flags from the readership are automatically deleted.
The Authors have the right to:
Take any action with respect to any comment that the Authors deem necessary or appropriate in their sole discretion, including if they believe that such comment violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Authors.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.
Third party links and advertisements disclaimer
The Site may, from time to time, contain links to third party web sites. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by the Authors of the services, information, content and/or data on such third party web sites or as an indication of any affiliation, sponsorship or endorsement of such third party web sites. The Author is not responsible for the content of linked third party web sites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party websites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.
The inclusion of third party advertisements does not constitute an endorsement, guarantee, warranty, or recommendation of, and the Authors make no representations and/or warranties about, any product or service contained therein.
Linking to the Site and Social Media Features
You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage the Authors’ reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement without the Authors’ express written consent.
This Site may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Site.
Send emails or other communications with certain content, or links to certain content, on this Site.
Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third- party websites.
You may use these features solely as they are provided by Authors and otherwise in accordance with any additional terms and conditions Authors provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate in causing any unauthorized framing or linking immediately to stop. Authors reserve the right to withdraw linking permission without notice.
Authors may disable all or any social media features and any links at any time without notice in Authors’ discretion.
Disclosures
The Authors receive financial payment from advertisers on the Site and from companies that sponsor the e-newsletter. Certain links on the Site may be affiliate links.
Disclaimer of all warranties
The Information made available at the Site is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Authors make no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.
Without limiting the generality of the foregoing, the Authors make no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action, or application of medication.
Under no circumstances, as a result of your use of the Site, will the Authors be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Authors shall have absolutely no liability in connection with the Site for:
1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
2. any loss or injury caused, in whole or in part, by the Authors’ actions, omissions, or negligence, or for contingencies beyond the Authors’ control, in procuring, compiling, or delivering the Information;
3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
4. any decision made or action taken or not taken in reliance upon the Information.
Age restriction
The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Site.
Indemnification
You agree to indemnify and hold the Authors and the Authors’ affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from any claims, liabilities, damages, judgments, demands, awards, losses, costs, expenses, or fees, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on this Site, (2) any violation of law or these Terms of Use that occurs by you through the Site, and/or (3) anything you do using the Site and/or the Information contained therein.
Invalidity
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
Governing law, consent to jurisdiction and limitation on claims
This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of Wyoming without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Wyoming. You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
Entire agreement
You hereby acknowledge that this Agreement represents the entire understanding between you and the Authors concerning your use of the Site and the Information contained therein.
Modification
The Authors may, in the Authors’ sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in part at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.
Waiver
The Authors’ failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision. No waiver by the Authors of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term of condition.
The Site and the information contained therein is made available by the Authors for educational purposes only and is not intended to provide medical advice. By accessing the Site, you understand and acknowledge that there is no physician-patient relationship between you and the Authors. You further acknowledge your understanding that the Site should not be used as a substitute for competent medical advice from a licensed physician in your state.
Data privacy
1. General obligations and limitations. In respect of your use of the Site in relation to any personally identifiable and other data and information you provide to WeightlossTales.com through the Site, you expressly consent to the use and disclosure of that data and information as described in our Privacy Policy. You are responsible for complying with all applicable data protection and privacy laws in respect of your use of the Site and with regard to any personal data that you provide to WeightlossTales.com. In particular, you must ensure you have properly informed and obtained all necessary rights, authorizations or consents from any data subjects to whom the data relates, to enable WeightlossTales.com to lawfully access their personal data under this Agreement and to process their personal data outside of their country of residence. You acknowledge that email is an insecure medium that is generally not encrypted in transit, and security of information transmitted through the Internet can never be guaranteed. WeightlossTales.com is not responsible for any interception or interruption of any communications through the Internet or for changes to or loss of your content. WeightlossTales.com may process and store your content in the United States or any other country in which WeightlossTales.com or its agents maintain facilities and, by using the Site, you consent to this processing and storage of your content.
2. EU data privacy. For the purposes of this Agreement, the terms “personal data”, “processing” and “data subject” have the same meanings as those given to them in EU General Data Protection Regulation 2016/679 (“GDPR“).