SlimGenics Terms of Service
Welcome to the SlimGenics website. Your use of the websites operated by SlimGenics, including those located at www.slimgenics.com, community.slimgenics.com, homeprogram.slimgenics.com, www.Thermo-Boost.com, www.OrganicGourmet.com (collectively, the "Site") or any of the services offered on the Site (the "Services") is subject to these Terms of Service (the "Terms"). Use of the Site indicates your binding acceptance of the Terms, including any modifications made to the Terms. Read the Terms carefully and completely as they set forth your rights and obligations with respect to your use of the Site. If you do not wish to be bound by the Terms, you may not access or use the Site.
Description & Purpose
The SlimGenics.com Site provides information regarding weight loss, healthy eating, nutrition and SlimGenics products and services.
The Center Program Community Site (located at http://community.slimgenics.com) is a peer-to-peer support channel for people losing weight on the SlimGenics Center Program, or people who have lost weight in the past with SlimGenics.
Similarly, the Home Program Community Site (located at http://homeprogram.slimgenics.com) is a peer-to-peer support channel for people losing weight on the SlimGenics Home Program, or people who have lost weight in the past with SlimGenics.
The Site is designed for SlimGenics customers and users. We welcome to the Site our clients with an interest in weight loss, healthy eating and nutrition, as long as you observe the rules set forth in these Terms.
Acceptance of the Terms
SlimGenics is pleased to provide the information and Services on the Site conditioned upon your acceptance, without modification, of the terms, conditions and notices comprising the Terms. The Terms may be updated and modified by us from time to time without notice to you by posting revised Terms on the Site. You can review the most current version of the Terms at any time by clicking on the http://www.slimgenics.com/terms-of-service link from any page on the Site. We hope that you will find the information provided on the Site informative and useful.
SlimGenics has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:
(1) change or terminate all or any part of our Services;
(2) restrict or terminate your access to all or any part of the Site or the Services; or
(3) refuse, move or remove any content that is available on the Site and any material that you submit to the Site.
Access to the Site
SlimGenics is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet and any telephone, wireless or other connection and service fees associated with such access. The Site is available only to individuals and entities who can form legally binding contracts under applicable law. Without limiting the foregoing, you must be 13 years of age or older to register for and/or use the Site. If you do not qualify, please do not use the Site. SlimGenics reserves the right to deny access and/or registration to the Site to anyone at any time in its sole and absolute discretion.
In consideration of your use of the Services and/or access to the Site, you agree to be subject to certain obligations. The Site contains areas that allow for user interaction, including social media platforms, bulletin board services, chat areas, forums or other message and communications features ("Interactive Areas"). You are entirely responsible for all content that you upload, post, email or otherwise transmit via the Site. You agree to post only messages, comments or other information that are proper, lawful and related to the particular Interactive Area. In addition, but without limitation, you may not use your account (or allow anyone else to use your account) to post or transmit:
1. Content that is abusive, profane, foul, vulgar, obscene, indecent, hateful, false, fraudulent, misleading, deceptive, embarrassing, harassing or that discloses private or personal matters concerning any person. This includes language, information or images.
2. Content that is libelous, tortious, harmful, threatening, defamatory or abusive.
3. Rants, slams or legal threats against SlimGenics or another company or competitor or any of their respective products or services.
4. Bigoted or racially or ethnically offensive comments.
5. Content that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of any impermissible classification.
6. Political statements or commentary.
7. Information about competitor programs, products or their prices or content related to trade or resale of products (whether related to products of a competitor or SlimGenics).
8. Off-topic comments not related to weight loss, healthy eating, nutrition, a SlimGenics program or SlimGenics products.
9. Any material that you don't have the right to transmit under law (such as material that infringes another's intellectual property rights or proprietary rights including copyrighted materials or trade secrets) or under contractual or fiduciary relationships (such as nondisclosure agreements).
10. Language that constitutes or promotes illegal activity or conduct that could give rise to civil liability, encourages others to take part in criminal conduct or conduct that could give rise to civil liability or discusses illegal activities with the intent to commit them. This includes any message that solicits or promotes the use of an illegal substance.
11. Advertising, promotional materials, contests, surveys or other forms of solicitation including chain letters, pyramid schemes, reference to class action suits, online auctions or charitable appeals. This includes advertising links in signatures or signature blocks.
12. Web addresses (known as “URLs”). This includes web addresses in signatures or signature blocks; though non-commercial URLs may be posted in user profiles.
13. Any file or link to a file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage or adversely affect the operation of someone else's computer, the Site or any software, hardware or other related equipment.
14. Any material or information intended to assist in the placement of a bet or wager.
15. Duplicate posts, junk mail, spam messages or posts repeated excessively on one or more boards.
16. Messages designed to evade profanity or other filters.
17. Personal phone numbers or addresses (to protect privacy).
18. Personal email addresses, private information such as Social Security numbers or other contact information that is not your own, including, but not limited to SlimGenics employees’ email addresses.
19. Hyperlinks that lead to sites that violate any of the forum guidelines.
20. Any message that impersonates another person or indicates an affiliation with a person or entity, including, but not limited to, SlimGenics.
In addition, our guidelines do not permit you to:
20. Intentionally violate any other applicable law or regulation while accessing and using our Site.
21. Interfere in any way with the operations in the forum or with a fellow user’s message box or account, including but not limited to mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks or attempts to avoid messaging blocking.
22. Evading bans or suspensions or otherwise disregarding directions from SlimGenics moderators or administrators.
23. Disrupt or otherwise interfere with the Site or the networks or servers used by SlimGenics or that is in contravention of any requirements, procedures, policies or regulations of networks linked to the website.
SlimGenics moderators may at any time and without notice remove any posted message or thread, delete words that violate these guidelines from posted messages or ban or deactivate your account for violating these Terms.
If you recognize any violation of these guidelines, please notify us by contacting us directly at SlimGenicsMod@SlimGenics.com or by using the “report abuse to moderator” feature in the Options menu of the message, if the violation occurs on one of SlimGenics’ community Sites.
SlimGenics’ Legal Disclaimer
The Site Does Not Provide Medical Advice
The Site does not provide medical advice and any health-related content is provided for your information only. The Site is not intended to be 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 a medical condition and prior to starting any new treatment, weight reduction program or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. SlimGenics does not recommend or endorse any specific tests, physicians, non-SlimGenics products, procedures, opinions or other information that may be mentioned on the Site. Reliance on any information provided by SlimGenics, SlimGenics employees, others appearing on the Site at the invitation of SlimGenics or other visitors to the Site is solely at your own risk.
User Profile Information
We may refuse to grant you, and you may not use, a screen name or email address that is already being used by someone else, that impersonates another person, that belongs to another person (without that person’s prior consent), that violates the intellectual property or other rights of any person, that is vulgar, inflammatory or otherwise offensive or that we reject for any other reason, in our sole discretion.
In consideration of your use of the Site, you agree that all information provided in your profile is accurate, true, current and complete. SlimGenics may immediately terminate your account if any of the information associated with that account is found to be inaccurate, false, out of date or incomplete.
You agree and acknowledge that you will not allow others to utilize your account and that you are fully responsible for all statements made and acts that occur through, your account. You agree to: (i) immediately notify SlimGenics of any unauthorized use of your password or account or any breach of security and (ii) ensure that you fully exit from your account at the end of each session. You further agree not to use anyone else's account or password on the Site or attempt to gain access to the account of other members. SlimGenics cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Content & Third Party Websites
The content found at the Site comes from a variety of sources, primarily from SlimGenics and community members. SlimGenics makes no claims or representations as to the accuracy, completeness or truth of any material available on the Site.
Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by SlimGenics of the organizations sponsoring these sites or their products or services. Further, SlimGenics is not liable for any website links posted within the Interactive Area. Website links posted in the Interactive Area may link to sites not administered or under the control of SlimGenics and users must open such links at their own risk. SlimGenics is not liable for any errors or delays in the content or transmission of postings on the site. Remember that you are responsible for your own decisions to act upon the information provided by community members. We make no representations or warranties, express or implied, with respect to the information provided on any third-party website which may be accessed by a link from this Site, including any representations or warranties as to accuracy, completeness or availability. Because SlimGenics has no control over third-party websites and resources, you acknowledge and agree that SlimGenics is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, “Trojan Horses” and other items of a destructive nature. You further acknowledge and agree that SlimGenics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods or services available on or through any such site or resource.
All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. The information on the Site may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to your transaction. SlimGenics shall not assume any responsibility or liability for any such inaccuracies, errors or omissions and shall have no obligation to honor transactions or information affected by such inaccuracies. SlimGenics reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Site and to the products and programs described on the Site, at any time without notice, including after confirmation of a transaction.
Submissions to Interactive Areas
You acknowledge that all Interactive Areas are public and not private communications; therefore, any information or content you post to an Interactive Area may be read by others. SlimGenics recommends that you avoid posting in the Interactive Area or otherwise disseminating any Personally Identifiable Information and any health information, or other information that you consider to be private.
SlimGenics does not endorse and is not obligated to control the content, messages or information found in any Interactive Area and, therefore, SlimGenics specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
You acknowledge and agree that SlimGenics may preserve any submissions to the Site and may also disclose submissions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any submission violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of SlimGenics, the Site, its users and the public.
By submitting communications or content to the Interactive Areas, you agree that such submission is non-confidential for all purposes. If you make any submission to an Interactive Area or if you submit any business information, idea, concept or invention to SlimGenics, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted SlimGenics a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. If you wish to keep any information, ideas, concepts or inventions private or proprietary, do not submit them to the Interactive Areas.
If your password(s) or account information is compromised, or if you become aware of any unauthorized use of your account or other breach of security, you are responsible for promptly notifying us. You can notify us by sending an email to SlimGenicsMod@SlimGenics.com.
SlimGenics reserves the right to modify these Terms at any time, effective upon posting of the modified Terms on the Site.Copyright Infringement
If you believe that a copyrighted work belonging to you has been copied onto the Site or has been made accessible on the Site without your permission, please notify us by sending a written notification of claimed infringement to:
By mail: Copyright Agent c/o SlimGenics
6568 South Racine Circle, Centennial, CO 80111
By email: copyright@SlimGenics.com
In accordance with the Digital Millennium Copyright Act, your notification must include:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Limitation of Liability
Under no circumstances shall SlimGenics be liable to you or any other person for:
- the contents of any communication, message or information posted by you or other third parties;
- the content of any website not controlled, owned or operated by SlimGenics that is accessed from or linked to this Site;
- the content, services or information provided by any website purporting to be operated by or associated with, SlimGenics or its affiliates, but not actually affiliated with, controlled, owned or operated by SlimGenics;
- any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure; and
- any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to, loss of profits, loss of data or loss of use damages, arising out of or relating to these Terms or the use of, or inability to use, the Services or the Site, even if SlimGenics has been advised of the possibility of such damages. SlimGenics will have no liability with respect to, or obligation to, restore or recover any mutilated or lost data. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.
You acknowledge and agree that content contained in the Site or information presented to you through the Site may be protected by copyright, trademark or patent law or other proprietary rights and laws. Except as expressly authorized by SlimGenics or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part. You may not reverse engineer, decompile or disassemble the Site or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Site owned by SlimGenics are the copyright of SlimGenics. All rights reserved. You agree that all of SlimGenics' trademarks, trade names, service marks, logos and service names are the property of SlimGenics (the "SlimGenics Marks"). You agree not to display or use in any manner the SlimGenics Marks, without the express prior permission of SlimGenics.
No Reproduction or Resale
You agree not to reproduce, duplicate, distribute, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
You agree to indemnify, hold harmless and defend SlimGenics, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) these Terms; (b) your use of, or connection with, the Site, including any data or work transmitted or received by you; (c) your infringement of any intellectual property or other right of any other person or entity and (d) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.
SlimGenics does not assume responsibility to you or others for any failure by SlimGenics to enforce the provisions contained in the Terms.
You agree that SlimGenics, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if SlimGenics believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Further, SlimGenics may in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice and acknowledge and agree that SlimGenics may immediately bar any further access to the Site. Further, you agree that SlimGenics shall not be liable to you or any third party for any termination of your access to the Site.
You acknowledge that SlimGenics may establish general practices and limits concerning your use of the Site. You agree that SlimGenics has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. You further agree that your acceptance of these Terms and/or your registration for an account does not guarantee you any material benefits. SlimGenics reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that SlimGenics shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that SlimGenics reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE INFORMATION AND MATERIAL ON THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS FOR REFERENCE ONLY. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, STATEMENTS, REPRESENTATIONS, SERVICES AND OTHER INFORMATION PROVIDED THROUGH THE SITE. WITH RESPECT TO THE SITE AND THE INFORMATION AND MATERIAL ON THE SITE, SLIMGENICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS or OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE or DISRUPTION and THEREFORE SLIMGENICS EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
2. SLIMGENICS MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE or AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED and (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
3. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SLIMGENICS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Information available on the Site may contain references or cross references to SlimGenics products, programs and services that are not announced or available in your country or geographic region. Such references do not imply that SlimGenics intends to announce such products, programs or services in your country or geographic region. Consult your local SlimGenics center or contact SlimGenics at the telephone number published on this Site for information regarding the products, programs and services which may be available to you.
SlimGenics’ obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from SlimGenics without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied and your use of that product or service is at your own risk.
Governing Law and Venue
SlimGenics’ failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SlimGenics in writing.
If any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable and the remaining provisions shall constitute the parties’ agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.
The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.