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Terms and Conditions
Terms and
Conditions update: 15 April 2008
IMPORTANT!
These Terms and Conditions govern your use of this site. This site is
provided to you by The Equilibria Group. By accessing this site, you
indicate your acknowledgement and acceptance of these Terms and
Conditions.
These Terms and Conditions are subject to change by The Equilibria
Group and/or NegativeCalorieDiet.com at any time and by their sole
discretion.
Your use and continued use of this site after such change(s) are
implemented, constitutes your acknowledegment and acceptance of the
change(s).
Please consult these Terms and Conditions regularly so that your
knowledge of them are always up to date.
Restrictions
You may use this site for purposes expressly permitted by The
Equilibria Group and NegativeCalorieDiet.com. You may not use this site
for any other purpose, including any commercial purpose, without The
Equilibria Group and NegativeCalorieDiet.com's expressed prior written
consent.
You may not (and may not authorize any other party to) (i) co-brand
this site, or (ii) frame this site, or (iii) hyper-link to this site,
without the express prior written permission of an authorized
representative of The Equilibria Group and NegativeCalorieDiet.com. For
purposes of these Terms and Conditions, "co-branding" means to display
a name, logo, trademark, or other means of attribution or
identification of any party in such a manner as is reasonably likely to
give a user the impression that such other party has the right to
display, publish, or distribute this site or content accessible within
this site. You agree to cooperate with The Equilibria Group and
NegativeCalorieDiet.com in causing any unauthorized
co-branding, framing or hyper-linking to cease immediately.
Proprietary
Information
The material and content (hereinafter referred to as the "Content")
accessible from this site, and any other World Wide Web site owned,
operated, licensed, or controlled by The Equilibria Group and/or
NegativeCalorieDiet.com is the proprietary information of The
Equilibria Group and/or NegativeCalorieDiet.com or the party that
provided the Content to The Equilibria Group and/or
NegativeCalorieDiet.com, and The Equilibria Group and/or
NegativeCalorieDiet.com or the party that provided the Content to The
Equilibria Group and/or NegativeCalorieDiet.com retains all
right, title, and interest in the Content.
Accordingly, the Content may not be copied, distributed, republished,
uploaded, posted, or transmitted in any way without the prior written
consent of The Equilibria Group and/or NegativeCalorieDiet.com, or
unless authorized in writing elsewhere on our site, except that you may
print out a copy of the Content solely for your own personal use. In
doing so, you may not remove or alter, or cause to be removed or
altered, any copyright, trademark, trade name, service mark, or any
other proprietary notice or legend appearing on any of the Content.
Modification or use of the Content except as expressly provided in
these Terms and Conditions violates The Equilibria Group's and
NegativeCalorieDiet.com's intellectual property rights. Neither title
nor intellectual property rights are transferred to you by access to
this site.
Hyper-Links
This site may be hyper-linked to other sites which are not maintained
by, or related to, The Equilibria Group and/or NegativeCalorieDiet.com.
Hyper-links to such sites are provided as a service to users and are
not sponsored by or affiliated with this site or The Equilibria Group
and/or NegativeCalorieDiet.com. The Equilibria Group nor
NegativeCalorieDiet.com has not reviewed any or all of such sites and
is not responsible for the content of those sites. Hyper-links are to
be accessed at the user's own risk, and neither The Equilibria Group or
NegativeCalorieDiet.com make any representations or warranties about
the content, completeness or accuracy of these hyper-links, or the
sites hyper-linked to this site. Further, the inclusion of any
hyper-link to a third-party site does not necessarily imply endorsement
by The Equilibria Group and/or NegativeCalorieDiet.com of that site.
Submissions
You hereby grant to The Equilibria Group and NegativeCalorieDiet.com
the royalty-free, perpetual, irrevocable, worldwide, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, and display all
content, remarks, suggestions, ideas, graphics, or other information
communicated to The Equilibria Group and/or NegativeCalorieDiet.com
through this site (together, hereinafter known as the "Submission"),
and to incorporate any Submission in other works in any form, media, or
technology now known or later developed.
The Equilibria Group and/or NegativeCalorieDiet.com will not be
required to treat any Submission as confidential, and may use any
Submission in its business (including without limitation, for products
or advertising) without incurring any liability for royalties or any
other consideration of any kind, and will not incur any liability as a
result of any similarities that may appear in future The Equilibria
Group and/or NegativeCalorieDiet.com operations.
Both The Equilibria Group and NegativeCalorieDiet.com will treat any
personal information that you submit through this site in accordance
with its Privacy Policy
as set forth on this site.
Disclaimer
You understand that The Equilibria Group and/or NegativeCalorieDiet.com
cannot and does not guarantee or warrant that files available for
downloading from the Internet will be free of viruses, worms, Trojan
horses or other code that may manifest contaminating or destructive
properties.
You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy of
data input and output, and for maintaining a means external to this
site for the reconstruction of any lost data. Neither The Equilibria
Group nor NegativeCalorieDiet.com assumes any responsibility or risk
for your use of the Internet related or not related to this site.
The Content is not necessarily complete and up-to-date and should not
be used to replace any written reports, statements, or notices provided
by The Equilibria Group and/or NegativeCalorieDiet.com. Investors,
borrowers, and other persons should use the Content in the same manner
as any other educational medium and should not rely on the Content to
the exclusion of their own professional judgment. Information obtained
by using this site is not exhaustive and does not cover all issues,
topics, or facts that may be relevant to your goals.
USE OF
THIS SITE IS AT YOUR OWN RISK
The Content is provided "as is" and without warranties of any kind,
either expressed or implied. The Equilibria Group and/or
NegativeCalorieDiet.com disclaims all warranties, including any implied
warranties of merchantability, fitness for a particular purpose, TITLE,
OR NON-INFRINGEMENT.
Neither The Equilibria Group nor
NegativeCalorieDiet.com warrants that the functions OR CONTENT
contained in this site will be uninterrupted or error-free, that
defects will be corrected, or that this site or the server that makes
it available are free of viruses or other harmful components.
The Equilibria Group and/or NegativeCalorieDiet.com does not
warrant or make any representation regarding use, or the result of use,
of the content in terms of accuracy, reliability, or otherwise. The
content may include technical inaccuracies or typographical errors, and
The Equilibria Group and/or NegativeCalorieDiet.com may make changes or
improvements at any time.
You, and not The Equilibria Group nor NegativeCalorieDiet.com, assume
the entire cost of all necessary servicing, repair or correction IN THE
EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS
CONTENT. Neither The Equilibria Group or NegativeCalorieDiet.com MAKES
NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS
OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR
OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or
forward-looking, speaks only as of the date the information is posted
on this site, neither The Equilibria Group and/or
NegativeCalorieDiet.com undertakes any obligation to update
such information after it is posted or to remove such information from
this site unless it is no longer accurate or
complete.
Limitation
On Liability
The Equilibria Group and/or NegativeCalorieDiet.com, ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL,
DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF The
Equilibria Group and/or NegativeCalorieDiet.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY
OF The Equilibria Group and/or NegativeCalorieDiet.com AND ITS
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO
The Equilibria Group and/or NegativeCalorieDiet.com FOR THE APPLICABLE
CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold The Equilibria Group and/or
NegativeCalorieDiet.com, its subsidiaries, affiliates, licensors,
content providers, service providers, employees, agents, officers,
directors, and contractors (hereinafter known as the "Indemnified
Parties") harmless from any breach of these Terms and Conditions by
you, including any use of Content other than as expressly authorized in
these Terms and Conditions. You agree that the Indemnified Parties will
have no liability in connection with any such breach or unauthorized
use, and you agree to indemnify any and all resulting loss, damages,
judgments, awards, costs, expenses, and attorney's fees of the
Indemnified Parties in connection therewith. You will also indemnify
and hold the Indemnified Parties harmless from and against any claims
brought by third parties arising out of your use of the information
accessed from this site.
Trademarks
Trademarks, service marks, and logos appearing in this site are the
property of The Equilibria Group and NegativeCalorieDiet.com or the
party that provided the trademarks, service marks, and logos to The
Equilibria Group and/or NegativeCalorieDiet.com. The Equilibria Group
and/or NegativeCalorieDiet.com and any party that provided trademarks,
service marks, and logos to The Equilibria Group and/or
NegativeCalorieDiet.com, retain all rights with respect to any of their
respective trademarks, service marks, and logos appearing in this site.
Information
You Provide
You may not post, send, submit, publish, or transmit in connection with
this site any material that:
- You do not
have the right to post, including proprietary material of any third
party;
- Advocates
illegal activity or discusses an intent to commit an illegal act;
- Is
vulgar, obscene, pornographic, or indecent;
- Does not
pertain directly to this site;
- Threatens
or abuses others, libels, defames, invades privacy, stalks, is obscene,
pornographic, racist, abusive, harassing, threatening or offensive;
- Seeks to
exploit or harm children by exposing them to inappropriate content,
asking for personally identifiable details or otherwise;
- Infringes
any intellectual property or other right of any entity or person,
including violating anyone?s copyrights or trademarks or their rights
of publicity;
- Violates
any law or may be considered to violate any law;
- Impersonates
or misrepresents your connection to any other entity or person or
otherwise manipulates headers or identifiers to disguise the origin of
the content;
- Advertises
any commercial endeavor (e.g., offering for sale products or services)
or otherwise engages in any commercial activity (e.g., conducting
raffles or contests, displaying sponsorship banners, and/or soliciting
goods or services) except as may be specifically authorized on this
site;
- Includes
programs which contain viruses, worms and/or Trojan horses or any other
computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications;
- Disrupts
the normal flow of dialogue, causes a screen to scroll faster than
other users are able to type, or otherwise act in a way which affects
the ability of other people to engage in real time activities via this
site;
- Includes
MP3 format files;
- Amounts to
a 'pyramid' or similar scheme;
- Disobeys
any policy or regulations established from time to time regarding use
of this site or any networks connected to this site; or
- Contains
hyper-links to other sites that contain content that falls within the
descriptions set forth above.
Although
under no obligation to do so, The Equilibria Group and/or
NegativeCalorieDiet.com reserves the right to monitor use of this site
to determine compliance with these Terms and Conditions, as well the
right to remove or refuse any information for any reason.
Notwithstanding these rights, you remain solely responsible for the
content of your submissions. You acknowledge and agree that neither The
Equilibria Group and/or NegativeCalorieDiet.com nor any third party
that provides Content to The Equilibria Group and/or
NegativeCalorieDiet.com will assume or have any liability for any
action or inaction by The Equilibria Group and/or
NegativeCalorieDiet.com or such third party with respect to any
submission.
Security
Any passwords used for this site are for individual use only. You will
be responsible for the security of your password (if any). The
Equilibria Group and/or NegativeCalorieDiet.com will be entitled to
monitor your password and, at its discretion, require you to change it.
If you use a password that The Equilibria Group and/or
NegativeCalorieDiet.com considers insecure, The Equilibria Group and/or
NegativeCalorieDiet.com will be entitled to require the password to be
changed and/or terminate your account.
You are prohibited from using any services or facilities provided in
connection with this site to compromise security or tamper with system
resources and/or accounts. The use or distribution of tools designed
for compromising security (e.g., password guessing programs, brute
force programs, cracking tools, or network probing tools) is strictly
prohibited. If you become involved in any violation of system security,
The Equilibria Group and/or NegativeCalorieDiet.com reserves the right
to release your details to system administrators at other sites in
order to assist them in resolving security incidents. The Equilibria
Group and/or NegativeCalorieDiet.com reserves the right to investigate
suspected violations of these Terms and Conditions.
The Equilibria Group and/or NegativeCalorieDiet.com reserves
the right to fully cooperate with any law enforcement authorities or
court order requesting or directing The Equilibria Group and/or
NegativeCalorieDiet.com to disclose the identity of anyone posting any
email messages, or publishing or otherwise making available any
materials that are believed to violate these Terms and Conditions.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE EQUILIBRIA
GROUP AND/OR NEGATIVECALORIEDIET.COM FROM ANY CLAIMS RESULTING FROM ANY
ACTION TAKEN BY THE EQUILIBRIA GROUP AND/OR NEGATIVECALORIEDIET.COM
DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE EQUILIBRIA GROUP
AND/OR NEGATIVECALORIEDIET.COM OR LAW ENFORCEMENT AUTHORITIES.
Miscellaneous
These Terms and Conditions will be governed and interpreted pursuant to
the laws of New Mexico, United States of America, notwithstanding any
principles of conflicts of law. You specifically consent to personal
jurisdiction in New Mexico in connection with any dispute between you
and The Equilibria Group and/or NegativeCalorieDiet.com arising out of
these Terms and Conditions or pertaining to the subject matter hereof.
The parties to these Terms and Conditions each agree that the exclusive
venue for any dispute between the parties arising out of these Terms
and Conditions or pertaining to the subject matter of these Terms and
Conditions will be in the state and federal courts in Doņa Ana County,
New Mexico. If any part of these Terms and Conditions is unlawful, void
or unenforceable, that part will be deemed severable and will not
affect the validity and enforceability of any remaining provisions.
These Terms and Conditions constitute the entire agreement among the
parties relating to this subject matter. Notwithstanding the foregoing,
any additional terms and conditions on this site will govern the items
to which they pertain. The Equilibria Group and/or
NegativeCalorieDiet.com may revise these Terms and Conditions at any
time by updating this posting.
Revisions
The Equilibria Group and NegativeCalorieDiet.com reserves the right to
revise, amend, or modify these Terms and Conditions, our Privacy
Policy, Disclaimer, and our other policies and
agreements at any time and in any manner, by updating this posting.
Please check this page periodically for changes. Your continued use of
our site following the posting of changes to these terms will mean you
accept those changes. Information collected prior to the time any
change is posted will be used according to the rules and laws that
applied at the time the information was collected.
Governing
Law
These Terms and Conditions and the use of this Site is governed by New
Mexico law. If a dispute arises under these Terms and Conditions, we
agree to
first try to resolve it with the help of a mutually agreed-upon
mediator in the following location: Doņa Ana County, New Mexico. Any
costs and fees other than attorney fees associated with the mediation
will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding
arbitration at the following location: Doņa Ana County, New Mexico,
under the rules of the American Arbitration Association. Judgment upon
the award rendered by the arbitration may be entered in any court with
jurisdiction to do so.
The Equilibria Group and NegativeCalorieDiet.com is controlled,
operated, and administered entirely within New Mexico. This statement
and the policies outlined herein are not intended to and do not create
any contractual or other legal rights in or on behalf of any party.
We agree to provide you access to our Site in accordance with these
Terms and Conditions.
Contacting
Us
We can be reached by contacting:
The Equilibria Group
C/O NegativeCalorieDiet.com
P.O. Box 13122
Las Cruces, NM 88013 USA
Click Here To
Contact Us By eMail
Last
Updated: 15 April 2008
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