Welcome to Join The Challenge, LLC (“JoinTheChallenge”) mobile application or Web site located at www.jointhechallenge.com (each, the “Site”). The following terms and conditions (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, or any services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are not authorized to contract, or if you are under 18 years of age, or if you were previously suspended from the Site, you are not granted permission to use this Site and must exit immediately.
Not Medical Advice.
The contents of the Site, such as text, graphics, images, information obtained from any JoinTheChallenge licensor, and other material contained on the Site (“Content”) are for informational purposes only. Much of the Content is related to personal diet and exercise. You acknowledge that all activities related to personal diet and exercise entail medical risks, including bodily injury or death. You assume any risks related to incorporating into your personal life any information explicitly contained in or implied from the Content. The Content is not intended to be a substitute for professional medical advice, counseling, 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. 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. JoinTheChallenge does not recommend or endorse any specific tests, health care providers, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by JoinTheChallenge, others appearing on the Site (whether or not at the invitation of JoinTheChallenge), or other visitors to the Site is solely at your own risk.
Always consult your doctor before beginning any weight loss or exercise program.
JTC Food Ratings.
Please be advised that the JTC Food Ratings database and the JTC Food Ratings themselves have not been reviewed by persons with the expertise required to provide You with complete, accurate, or reliable information. In addition, the JTC Food Ratings are based on generic descriptions of food and beverage categories (e.g., fruit salad) and do not take into consideration the actual portion size, ingredients, method of preparation, or other characteristics of the specific food item that You may be evaluating or consuming. Further, the JTC Food Ratings system is programmed to generate a rating based on the description of the food item that You enter, but the system may generate an incorrect rating. JOINTHECHALLENGE DOES NOT (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE JTC FOOD RATINGS; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH NUTRITIONAL INFORMATION. UNDER NO CIRCUMSTANCES WILL JOINTHECHALLENGE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THE JTC RATINGS. You are solely responsible for any use of or reliance on the JTC Ratings.
In order to access certain content, services, products or benefits on the Site, you will be asked to log-in and to create an account. You will be asked to select a username and password. If you are a Facebook® user, you may use Facebook® Login to create an account. Facebook® will authenticate and verify your User ID and password. JoinTheChallenge will not have access to your Facebook® password. You are fully responsible for your account, including use of the account by any third party and maintaining the confidentiality of your password and your Facebook® password. You may terminate your account at any time by contacting us at firstname.lastname@example.org. JoinTheChallenge may terminate your account for any reason. If JoinTheChallenge terminates your account, you agree not to create another account without the express written consent of JoinTheChallenge. You agree not to create an account for any other person than yourself without such person’s consent and the consent of JoinTheChallenge, and You agree not to transfer your account to any other person without prior permission from JoinTheChallenge. You also agree that any information provided to JoinTheChallenge, either directly or through Facebook®, will be accurate and that You will keep such information up to date.
As between any user and JoinTheChallenge, JoinTheChallenge owns or licenses all data, content, audio clips, video clips, artwork, images, photographs, graphics, functional components, software and software concepts, documentation and other material on, in or made available through the Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. All Site Material is protected pursuant to United States copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and JoinTheChallenge, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to JoinTheChallenge or its affiliates, licensors, suppliers or clients. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms.
Some products or services on the Site may be available for purchase. By registering for such services from JoinTheChallenge or purchasing products or services on the Site, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason JoinTheChallenge does not receive payment for a purchase, JoinTheChallenge may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services, including sales, use or excise taxes (excluding only taxes on JoinTheChallenge’s net income). To the extent that JoinTheChallenge is obligated to collect such taxes, the applicable tax will be added to your billing account. ALL FEES PAID TO JOINTHECHALLENGE ARE NON-REFUNDABLE.
You agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the Site Material or otherwise use the Site Material in any way for any purpose without prior written approval from JoinTheChallenge. You may not frame, capture, harvest, collect, or create hypertext or other links or connections to any part of the Site or Site Materials without JoinTheChallenge’s prior written consent. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with JoinTheChallenge; (c) uploading, posting, hosting, or transmitting worms or viruses or any code of a destructive nature; (d) uploading or posting video clips that contain pornographic or obscene content; (e) contacting any other user of the Site who has requested not to be contacted; (f) bullying, intimidating, stalking or harassing anyone; (g) transmitting unsolicited email, SMSs, “spam” messages; (h) publicizing or offering of any contest, giveaway, sweepstakes or promotion (i) any unlawful multi-level marketing, such as a pyramid scheme; (j) posting non-local or otherwise irrelevant User Content (as defined herein) or otherwise impose an unreasonable or excessively great amount of User Content on the Site; (k) soliciting or accessing another user’s account; or (l) attempting to gain unauthorized access to JoinTheChallenge’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site. Crawling the Site is permissible if done in accordance with the provisions of the robots.txt file, robots meta tags where available, and does not require login or authentication; provided, however, that crawling parts of the Site which require login or authentication and scraping any part of the Site without the prior consent of JoinTheChallenge is expressly prohibited. You acknowledge and agree that the unauthorized use of the Site Material could cause irreparable harm to JoinTheChallenge and that, in the event of such unauthorized use, JoinTheChallenge shall be entitled to an injunction in addition to any other remedies available at law or in equity. You agree not to violate Facebook’s® terms of service or privacy policies. You cannot use this Site if you are a convicted sex offender. You agree to keep your contact information accurate and up-to-date.
Materials Submitted to the Site.
We welcome comments about our Site, and the Site may allow you to contribute content, information, text, files, graphics, messages, and other materials and information for access, use, and commentary by other users to the Site (“User Content”). Upon your submission of User Content or other material or information to JoinTheChallenge, you grant JoinTheChallenge a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. JoinTheChallenge does not accept unsolicited ideas about new product, advertising, marketing or packaging ideas, concepts or improvements (“Ideas”). If you provide JoinTheChallenge with any Ideas, such Ideas shall be considered non-proprietary and non-confidential, and shall become the exclusive property of JoinTheChallenge, which may or may not use the Ideas for any purpose. The marketing staff of JoinTheChallenge and its consultants may very well be considering an identical or similar Idea. The purpose of this policy is to avoid confusion about the ownership of new concepts and ideas. Termination of your account does not in any way limit JoinTheChallenge’s rights under this Section 7.
By sending or posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliation with a person or entity that is generally false, deceptive, misleading, deceitful, misinformative or constitutes a “bait and switch”; (e) be obscene, racist, unethical, child pornographic, or indecent; (f) violate any community or Internet standard; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (h) constitute misappropriation of any trade secret or know-how; (i) be false or misleading; or (j) constitute disclosure of any confidential information owned by any third party.
Third Party Web Sites and Content.
The Site is available for informational purposes only. Parties other than JoinTheChallenge, including other users, may provide content on the Site. Additionally, the Site may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Use of the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. JoinTheChallenge does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. JoinTheChallenge does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.
You agree not to use the Site in any way that violates, or facilitates the violation of, the Terms and Conditions or Privacy Policies of any third party website, including but not limited to the Terms and Conditions and Privacy Policies of Facebook®. Unless explicitly stated otherwise, nothing on the Site is intended to imply any endorsement of the Site by any third-party website.
Any personal information that you provide to JoinTheChallenge on the Site is subject to our Privacy Statement. For more information, click here to view the Privacy Statement, which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to JoinTheChallenge via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. Alternatively, you may contact JoinTheChallenge by regular mail at P.O. Box 329, Old Westbury, NY 11568.
JoinTheChallenge is not responsible for and does not guarantee the accuracy or completeness of any Site Material, User Content, products, software, services, links, advertisements or other items contained within the Site. JoinTheChallenge does not verify the backgrounds of any users of the Site. JoinTheChallenge cannot and does not review all communications or products made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Site Material, User Content, the Site or the products or services made available in connection with the Site, including information posted to any Site features at any time, with or without notice in its sole discretion. JoinTheChallenge reserves the right to immediately remove any Site Material or User Content for any reason or for no reason. You agree that you must evaluate and bear all risks associated with the use of Site, Site Material, User Content and that you may not rely on such Site Material or any User Content.
THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. JOINTHECHALLENGE AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE SITE MATERIALS, USER CONTENT, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL SITE MATERIALS, THE SITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
JOINTHECHALLENGE AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE SITE MATERIALS, USER CONTENT, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR JOINTHECHALLENGE HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF JOINTHECHALLENGE, ITS LICENSORS, AND RETAIL CLIENTS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, THE SITE MATERIALS AND USER CONTENT, ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, SOFTWARE, INFORMATION OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF JOINTHECHALLENGE AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel JoinTheChallenge has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
You shall indemnify JoinTheChallenge and its affiliates, and their respective directors, officers, employees, agents, contractors, licensors and clients (“JoinTheChallenge Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Materials, User Content, the services, products, information and other materials on, in and made available through the Site, or any breach by you of these Terms and shall indemnify and hold JoinTheChallenge Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of JoinTheChallenge. JoinTheChallenge or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If JoinTheChallenge does not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to JoinTheChallenge, subject to the right of JoinTheChallenge to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
JoinTheChallenge uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. JoinTheChallenge will use reasonable efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to JoinTheChallenge via the Site or the Internet, including, for example, personal information such as your name or address. By accepting these Terms You understand and agree that JoinTheChallenge will not be responsible for any unauthorized access to and use of Your account.
If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to JoinTheChallenge at email@example.com a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
Changes to these Terms; Termination.
JoinTheChallenge reserves the right at any time to modify, alter or update these Terms. Notice of any new or revised Terms, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit.
JoinTheChallenge may suspend or terminate your account and/or your ability to use the Site or any services on the Site for failure to comply with these Terms, for providing JoinTheChallenge with untrue or inaccurate information about yourself, for infringement upon JoinTheChallenge proprietary rights, or for any other reason whatsoever or for no reason.
These Terms represent the entire agreement between you and JoinTheChallenge with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW.
Without limiting anything else, JoinTheChallenge makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use outside the United States, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside the United States do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of JoinTheChallenge to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to these Terms will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Dated: January 30, 2014
© 2014 Join The Challenge, LLC; All rights reserved.