The Weight Race

Terms of Service Agreement

This agreement (hereinafter, the "Agreement") between THE WEIGHT RACE LLC (hereinafter, "THE WEIGHT RACE LLC", "us" or "we") and you sets forth the terms and conditions which govern your use of any of  THE WEIGHT RACE LLC or THE WEIGHT RACE LLC sponsored websites (hereinafter, the "Sites") and/or the services (hereinafter, the "Services") thereon which are provided by THE WEIGHT RACE LLC.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY ACCESSING OR USING THE SITES AND/OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. THE WEIGHT RACE LLC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF ANY OF THE SITES AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.

1. Limited License; Use of Services.

THE WEIGHT RACE LLC grants to you a limited personal, non-exclusive and non-transferable right and license to access the Sites and use the Services thereon. Unless otherwise specified in writing, the Services are for your personal and non-commercial use. THE WEIGHT RACE LLC's Services shall contain, without limitation, email services, bulletin and blog, chat areas, news groups, forums, communities, calendars, and various other message communication applications.

In order to use the Website you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Website. Accordingly, if you are a Minor, please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a Minor, please contact us at support@theweightrace.com You represent that the information that you provide about yourself (including your age) as requested in any account registration form (the “Registration Data”) is accurate and complete

2. Prohibited Activities.

In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not:

1. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services;
2. access the Sites or Services by any means other than through the standard industry-accepted or THE WEIGHT RACE LLC-provided interfaces;
3. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;
4. impersonate any person or entity, including without limitation, a THE WEIGHT RACE LLC official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
5. post or transmit any material that contains a virus or corrupted data;
6. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
7. use of any Site or Service's communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
8. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
9. violate any applicable local, state, national or international law;
10. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
11. delete or revise any material posted by any other person or entity;
12. manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology;
13. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any THE WEIGHT RACE LLC product or Service if you are not expressly authorized by such party to do so; or
14. use the Sites and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair THE WEIGHT RACE LLC's servers or networks, or interfere with any other user's use and enjoyment of the Sites and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to THE WEIGHT RACE LLC through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.

 

      3.  Games:  Majority of games will launch within browser, however some games are downloadable if you choose. 
           THE WEIGHT RACE LLC is not responsible for any issue’s with those gaming downloads. 

4. Blog and Chat Rooms.

The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of THE WEIGHT RACE LLC or any of its subsidiaries or affiliates.

5. Monitoring.

THE WEIGHT RACE LLC has no obligation whatsoever to monitor any of the content or postings on the blog, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.

6. Third Party Content, Products and Services.

Portions of the Sites or Services are supplied by third parties and users. Accordingly, THE WEIGHT RACE LLC is a distributor (and not a publisher) of such content and has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not THE WEIGHT RACE LLC. Neither THE WEIGHT RACE LLC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, THE WEIGHT RACE LLC neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites or Services by anyone other than an authorized THE WEIGHT RACE LLC representative while acting in his/her official capacity. 

You may order services, merchandise or other products through our Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

 

7. Contests and Badges.

THE WEIGHT RACE LLC often provides contests and badges on its Sites.  You agree to only PROVIDE ACCURATE AND HONEST INFORMATION when submitting information to enter contests and to earn badges.  THE WEIGHT RACE LLC management reserves the right to audit chosen winner of contests for validity.  Should weight loss appear to be unrealistic or fraudulent another winner will be chosen. Contests are cumulative and are held in weekly and/or monthly “or other” as noted on site.  As an example, a contest held weekly is not a contest to lose set amount of weight in one week, but is based on total weight loss over time of membership.  The specific rules and requirements to enter contests will be noted on contest page.  The drawing for winners is completely random. The Weight race reserves the right to extend the end date of any contest should there not be enough entries.  Contests require a minimum of 5 entries in order for a winner to be choses.  Some contests may be drawn with less than 5 entries, this will be at discretion of The Weight Race. 

Some contest winners will be invited to join a webcam video chat which will be recorded to capture the excitement of winning; however the majority of winners will be notified via posting in www.theweightrace.com and/or via email.  THE WEIGHT RACE LLC may also announce winners via press release, social network sites as well as adding recorded video to THE WEIGHT RACE LLC’S YouTube page.  By becoming member you authorize THE WEIGHT RACE LLC to use your name or web video in these marketing efforts.  When announcing winners outside of www.theweightrace.com At no time will THE WEIGHT RACE LLC provide anything other than your first name without additional consent from member in writing.  

For alternative method of entry to contests please send written inquiry to: The Weight Race, 28562 Oso parkway #D309, Rancho Santa Margarita, Ca.  92688

8. Accounts, Passwords and Security.

If any of the Sites or Services require you to open an account, you must complete the registration process by providing THE WEIGHT RACE LLC with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to THE WEIGHT RACE LLC which is untrue, inaccurate, not current or incomplete, THE WEIGHT RACE LLC reserves the right to terminate this Agreement and your continued access and use of the Sites and/or the Services.

As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify THE WEIGHT RACE LLC immediately of any unauthorized use of your account or any other breach of security. THE WEIGHT RACE LLC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by THE WEIGHT RACE LLC or another party due to someone else using your account or password.

9. Disclaimer Regarding Links and Affiliates.

The links on any of the Sites and/or Services will let you leave the particular Site or Service you are accessing in order to access a linked site (the "Linked Sites"). THE WEIGHT RACE LLC provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has THE WEIGHT RACE LLC reviewed or approved the content which appears on the Linked Sites. THE WEIGHT RACE LLC is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that THE WEIGHT RACE LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.

10. Dealings with Third Parties.

Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that THE WEIGHT RACE LLC shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

 

11. Proprietary Rights.

You acknowledge and agree that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of THE WEIGHT RACE LLC or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning THE WEIGHT RACE LLC or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

12. Privacy.

THE WEIGHT RACE LLC's policy with respect to the collection and use of your personally identifiable information is set forth in our privacy policy, viewable on www.theweightrace.com ,  By accepting these Terms of Service, you acknowledge this policy.

13. Limitation of Liability  NEITHER THE WEIGHT RACE LLC NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL THE WEIGHT RACE LLC'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITES.
14. Professional Advice Disclaimer.

THE WEIGHT RACE LLC'S SITES DO NOT PROVIDE MEDICAL OR COUNSELLING ADVICE. NOTHING STATED OR POSTED ON ANY SITES OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITAITON, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. OUR SITES ARE CONTINUALLY UNDER DEVELOPMENT AND THE WEIGHT RACE LLC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN BEFORE BEGINNING ANY WEIGHT LOSS EFFORT OR REGIMEN.  THIS WEBSITE IS INTENDED FOR USE BY HEALTHY ADULT INDIVIDUALS.  THIS WEBSITE IS NOT INTENDED FOR USE BY MINORS, PREGNANT WOMEN, OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION.  SUCH INVIDUALS ARE SPECIFICALLY WARNED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY FORM OF WEIGHT LOSS EFFORT OR REGIMEN.  

15. Indemnification.

You agree to indemnify, defend, and hold THE WEIGHT RACE LLC and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to THE WEIGHT RACE LLC or post on any forums (e.g., blog, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Sites and/or the Services. This Section 17 shall survive in the event this Agreement is terminated for any reason.

16. Jurisdictional Issues.

THE WEIGHT RACE LLC makes no representation or warranty that the content and materials on the Sites and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. THE WEIGHT RACE LLC reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.

 •         Termination.

This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that THE WEIGHT RACE LLC, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites or Services, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Section 19 may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.

In the event you elect to terminate your subscription you will need to notify THE WEIGHT RACE LLC by writing to 

cancellation@theweightrace.com

.  

 •          Advertising.

At this time, there is advertisement by third party services.  THE WEIGHT RACE LLC does not endorse any of the products or services they advertise.  

  •         Weight Loss Extras.

THE WEIGHT RACE LLC will occasionally post content on weight loss extras page for products or services that are associated with weight loss.  Some of these products or services may carry discounts for site members.  THE WEIGHT RACE LLC posts these links for informational purposes.  Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that THE WEIGHT RACE LLC shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

  •      General Information

This Agreement constitutes the entire agreement and understanding between you and THE WEIGHT RACE LLC and governs your use of the Sites and the Services, superseding any prior agreements between you and THE WEIGHT RACE LLC. This Agreement and the relationship between you and THE WEIGHT RACE LLC shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You and THE WEIGHT RACE LLC irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Orange, in the State of California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of THE WEIGHT RACE LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by THE WEIGHT RACE LLC of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.