textWeightTM

terms and conditions

General

Last updated July 27, 2011

This website, including all of its features and content (the “Website”), and the mobile information service related thereto, including all of its features and content (the “Mobile Service”) (collectively, the “Services”) are provided by Capito Life Technologies, Inc (“CLT”) and may be used solely under the terms and conditions found in this Agreement and those defined below (collectively the "Terms and Conditions").

Your use of the Services is further subject to the terms of our Privacy Policy and our Copyright and Trademark Notice each of which is posted on the Website (https://www.textweight.com) and are incorporated herein by this reference.

Your use of the Services constitutes your agreement to be bound by all of these Terms and Conditions. Should you object to any term or condition of the Terms and Conditions, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services. Your use of the Website and the Services is conditioned upon your continued adherence to these Terms and Conditions, as they may be modified from time to time. CLT reserves the right to deny access to the Website and/or Services or any features of the Website and/or Services to anyone who violates these Terms and Conditions or who, in CLT's sole judgment, interferes with the ability of others to enjoy the Website or infringes the rights of others.

Eligibility

The Services are for use by legal residents in the United States only. You must be 18 years of age or older to use the Services. We reserve the right to require you to prove that you are at least 18 years of age if so requested.

Limited License

Subject to these Terms and Conditions, you ("Licensee") are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Services. CLT may revoke this license or may discontinue all or any part of the Services at any time, for any reason. The Services utilize proprietary content owned by CLT and is licensed hereunder solely for the personal, non-commercial use of the Licensee.

Licensee is prohibited from copying, publishing, distributing via the Internet or other public computer based information system, creating derivative works (including translating or modifying in any way), transferring, selling, leasing, licensing or otherwise making available to any unauthorized party the Services and any portion of their content.

Medical Disclaimer

THE SERVICES DO NOT PROVIDE MEDICAL ADVICE AND ARE INTENDED FOR GENERAL INFORMATION PURPOSES ONLY. THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING MEDICATION, MEDICAL CONDITIONS OR TREATMENT OR BEFORE YOU BEGIN A WEIGHT LOSS PROGRAM. ALWAYS SPEAK TO YOUR HEALTHCARE PROVIDER IF PLANNING TO MAKE A CHANGE TO YOUR LIFESTYLE OR HEALTH HABITS.

General Disclaimer

THE SERVICES ARE PROVIDED "AS IS," WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, SERVICE AVAILABILITY, MESSAGE SCHEDULE, AVAILABILITY OF COLLECTED DATA, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. CLT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SERVICES, THE SUITABILITY OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. CLT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Information You Provide

Any personally identifiable information you provide to CLT via this Website or via text messaging is protected by and subject to our Privacy Policy, available at https://www.textweight.com/privacy/ and which is incorporated herein.

Links to Other Websites and Resources

This Website may contain links or references to other websites and resources ("Linked Sites") to which these Terms and Conditions do not apply. These links are provided solely as a convenience to users and should not be construed as an endorsement or sponsorship by CLT of content, items, or services on those Linked Sites or as an endorsement or sponsorship by the operators of such Linked Sites of this Website or any of CLT's services. The Linked Sites are not under the control of CLT and CLT is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We encourage you to read the terms of use and privacy policy of every Linked Site you visit.

Access or Delivery to Mobile Network is not Guaranteed

Delivery of information and content from or to a mobile device may fail due to circumstances or conditions beyond CLT’s control. You understand and acknowledge that network services, including but not limited to mobile network services and the Internet, are outside of CLT’s control and CLT is not responsible or liable for such problems.

Message Transmission And Delivery By Your Network Operator

Message and data rates may apply to text messages received and sent by you and will be determined by your mobile service provider and the plan you have selected. Send a reply text HELP for help. You may leave the program at anytime by replying to a text with STOP. You understand and acknowledge that your use of the Services from a terminal such as a mobile device or personal computer is subject to any agreements you have with your network service provider and the you are solely responsible any charges, fees or costs incurred in using such devices.

Text and Email Messages Are Not Encrypted

Email and text message communications from the Services are not encrypted and therefore this information can be read if intercepted while in transit. Although CLT's use of this information is governed by the Privacy Policy attached hereto, it is possible for these communications to be intercepted or accessed without your authorization.

By using the Services you hereby release CLT and its affiliates from any liability arising from or related to any such unauthorized access.

Text and Email Messages Stored on Your Device are Your Responsibility

Once delivered to your mobile device provider or email server, text and email messages are under your control and are your responsibility. By using the Services you hereby release CLT, its officers, directors, shareholders, employees, agents, licensors and assignees, from any liability arising from or related to access to these messages once they are in transit or have been delivered.

Service May Be Limited By Your Operator Or Your Device

You agree and accept that your use of the Services may be limited by your network operator or by the capabilities or capacities of your terminal or mobile device.

Mobile Network Operators may not Support All Users

You acknowledge that certain operators do not support or offer certain mobile network services, such as delivery of messaging and mobile internet access. You understand and agree that the Services may not, in part or in whole, be available to you if your mobile network operator does not support them in a standard that conforms to the Services.

Limitations of Damages

IN NO EVENT SHALL CLT OR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SHAREHOLDER, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY MEDICAL EXPENSES, LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES (INCLUDING ANY ERRORS OR OMISSIONS), MATERIALS, AND FUNCTIONS OF THE SERVICES, OR ANY LINKED WEBSITE, EVEN IF CLT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification.

You agree to indemnify and hold harmless CLT and CLT's officers, directors, shareholders, employees, agents, representatives, licensors and assignees, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the Website, violation of these Terms and Conditions by you or any other person using your account, or your violation of any rights of another. CLT reserves the right to take over the exclusive defense of any claim for which CLT is entitled to indemnification under this section. In such event, you agree to provide CLT with such cooperation as is reasonably requested by CLT.

Changes in Content or Discontinuation of Services

CLT may terminate, change, suspend or discontinue any aspect of the Services including the availability of any features or the Services as a whole at any time. CLT may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

Changes in Terms and Conditions

CLT reserves the right, in its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions in whole or in part, at any time. Changes in these Terms and Conditions will be effective when posted to our Website. Your continued use of the Services after any changes to the Terms and Conditions have been posted will be considered acceptance of those changes.

When we make changes we will also revise the "last modified" date at the top of the Terms and Conditions. We encourage you to review this statement periodically. Please be aware that these Terms and Conditions do not necessarily apply to other separately operated products or services that we provide.

International Users and Choice of Law

The Services are for use inside the United States only by lawful residents of the United States who are at least 18 years of age.

This Website and the Services are controlled by CLT from its offices within the United States. CLT makes no representation that materials at this Website or in the Services are appropriate or available for use at other locations outside of the United States and access to them from territories outside of the United States is prohibited. You may not use the Website or export the materials in violation of U.S. export laws and regulations.

These Terms and Conditions of Use shall be governed and construed and enforced in accordance with the internal substantive laws of the State of California, without regard to its conflict of laws provisions. All disputes arising out of or with respect to these Terms and Conditions of Use or the Services shall be heard exclusively in the courts, state and Federal, located in San Francisco, California, United States of America, and you expressly consent to the jurisdiction and venue of such courts.

Prohibited Activities

You may not use the Services to transmit, either directly or indirectly, any bulk mobile messages or unsolicited commercial mobile messages. You will not use the Service in any way that violates CLT’s policies. A breach of any part of the Federal Anti-Spam Laws or the Company’s Anti-Spam Policy is a breach of the Terms and Conditions and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

CLT reserves the right to investigate and take appropriate legal action against anyone who, in CLT's sole discretion, violates this provision, including, without limitation, terminating the account of such violators and/or reporting such activities to law enforcement authorities. Prohibited activities include, but are not limited to:

Miscellaneous

These Terms and Conditions, including the documents and policies referenced herein, together with the Privacy Policy incorporated herein, constitute the entire agreement between CLT and you with respect to your access and use of the Services. Any cause of action you may have with respect to your use of the Services must be commenced within one (1) year after the claim or cause of action arises.

If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of such provision as nearly as possible, and the remainder of these Terms and Conditions shall continue in full force and effect.

Suggestions for Website Improvements

If you have any comments or suggestions regarding the Services and/or the Website, feel free to email them to help@textweight.com. By submitting any such comments or suggestions, you acknowledge and agree that: 1) CLT may incorporate and/or otherwise use any such suggestions or comments in the Website or otherwise without any compensation or other obligation to you; and 2) CLT shall have no obligation to incorporate or use any such suggestions or comments.

Contact Us

If you have questions regarding our Terms and Conditions, please email us at help@textweight.com. You may also elect to stop receiving email or SMS messages from us at any time by following the instructions provided in the message.

If you are experiencing problems with the Services you can contact us by emailing help@textweight.com. Please provide full problem description in the email.