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MEMBERSHIP & TERMS OF SERVICE AGREEMENTS
Notice: Please read the MEMBERSHIP AGREEMENT and the TERMS OF SERVICE carefully. By accessing this website you agree to be bound by the MEMBERSHIP AGREEMENT and the TERMS OF SERVICE conditions stated below.
MEMBERSHIP AGREEMENT
1. HEALTH DISCLAIMER: All information presented by thintuition.com is for education purposes only. Any information concerning weight loss and/or weight management provided on thintuition.com is intended as general information only, and to assist people in their personal weight loss and weight management efforts. The information provided on thintuition.com is not to be considered medical advice and should not be interpreted as a substitute for a medical consultation, evaluation, diagnosis or treatment by a physician. thintuition.com cannot give medical advice or offer diagnoses. Any information contained in this site should be viewed as such.
Before beginning any weight loss or weight management program, or before adhering to any of the information or recommendations presented throughout the thintuition.com website you are urged and advised to seek the advice of a physician or health practitioner. Never disregard professional medical advice or delay in seeking it because of something you have read on thintuition.com. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors, pregnant women, people with eating disorders or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss or weight management program.
If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by thintuition.com, thintuition, inc. employees, others appearing on the Website at the invitation of thintuition.com, or other visitors to the Website is solely at your own risk.
Rapid weight loss (loss of more than 2 pounds per week or more than 1% of body weight per week) may cause serious health problems and is NOT recommended by thintuition. Rapid weight loss can produce changes which could signal more serious health complications and you should report any such changes to your physician.
thintuition.com reserves the right to refuse or cancel membership for any reason, including certain medical conditions.
2. GENERAL TERMS AND CONDITIONS: You agree to: (a) maintain all equipment necessary for your access to and use of thintuition.com; (b) maintain the security of your user identification, password and other confidential information relating to your thintuition.com account; (c) be responsible for all charges resulting from use of your thintuition.com account, including unauthorized use prior to your notifying thintuition of such use and taking steps to prevent its further occurrence by changing your password; and (d) updating your personal information, including e-mail address.
3. MEMBERSHIP TERM / DUES: Membership Term is three hundred sixty-five (365) days. Membership Dues include a weight loss kit and access to the thintuition e-learning, members-only program. EVERY THIRTY (365) DAYS, Members will be given an option to renew their membership for another year (365 days)at a reduced fee. If member decides not to renew their membership, their membership will automatically expire and member can only regain access to the member-only program by re-registering at the current market rate.
3a. Membership fees are subject to change at thintuition.com’s sole discretion. Members will be notified of any fee changes, prior to any such changes. Current members will not be subject to any additional charges to their existing memberships, should membership fees change.
4. CANCELLATION: A member may cancel at any time by sending an email requesting cancellation to: Electronic mail: thintuition@hotmail.com. Upon cancellation, membership will immediately cease and member will no longer be granted access to thintuition.com's e-learning site.
4a. REFUND: A Member has the right to request a refund for the full price of their membership (including their kit) up to thirty (30) days from the date their membership fees were received by Thintuition. Within seven(7) days from member's request for cancellation, member must return all of the products and materials included in their membership kit, in their original condition to:
Thintuition Inc.
4638 N. Greenview Ave.
Suite 35
Chicago, IL 60640
After thirty days from registration date, refunds will not be granted for memberships or kits.
4b. A MEMBER may cancel ONLY as follows:
From your member hompepage, click on "my account" at the bottom of your screen. Then click on "my billing information." Scroll down to the bottom of the screen and click on the "cancellation" button. You account will be automatically cancelled. You will receive an email verification for your records. You will receive an e-mail confirming your cancellation.
4c. thintuition.com may cancel your membership at any time should it find that you have violated its terms of service (see below).
4d. Members who cancel and return to thintuition.com to renew their membership will be subject to current registration fees.
5. WAIVER, RELEASE AND LIMITATION OF LIABILITY: You agree that neither thintuition, inc., nor its affiliates, subsidiaries, officers, directors, employees, agents, consultants or information providers or suppliers, shall have any liability to you under any theory of liability or indemnity in connection with your use of thintuition.com. You hereby release and forever waive any and all claims you may have against thintuition, inc., its officers, directors, employees, agents, consultants, information providers or suppliers for losses or damages you sustain in connection with your use of thintuition.com.
6. Notwithstanding the foregoing paragraph, the total liability of thintuition, inc. and its officers, directors, employees, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of thintuition.com, are hereby excluded even if thintuition, inc. or its officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. Void where prohibited by law.
A recommendation of thintuition's products or services does not necessarily constitute an endorsement of them.
7. A NOTE TO PARENTS. thintuition strongly respects the privacy of children and we wish to explain how we do that. Parents, we suggest that you review these policies so you know exactly what sort of information we request and what we do with it and how you can review or delete that information. First, thintuition does not allow children under the age of 13 to participate on the site or join as members. We do not, therefore, collect any information from children under 13. For children ages 13 to 17, use of information obtained from them is subject to the same terms and conditions of our privacy policy. thintuition recognizes your role and responsibilities as a parent as it pertains to your child’s Internet activities and want you to be comfortable with what your child is doing on the thintuition.com web site. Recognizing those rights, you may contact us at any time regarding privacy questions or to request that we delete your and/or your child’s personal information or member accounts.
8. NOTICE: Thintuition, inc. may deliver notice to you under this Agreement by means of electronic mail, a general notice on thintuition.com or by written communication delivered by first class U. S. mail to your address on record in the Site's account information. You may give notice to thintuition.com at any time via electronic mail to thintuition.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
Thintuition, inc.
4638 N. Greenview Ave
Suite 35
or
Electronic mail: info@thintuition.com
TERMS OF SERVICE AGREEMENT
1. ACCEPTANCE OF TERMS: As a user of thintuition’s, thintuition.com or thintuition inc. (“thintuition”) service, you agree to be bound by following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular thintuition services, you and thintuition shall be subject to any posted guidelines or rules applicable to such specific services and are hereby incorporated by reference into the TOS.
2. PARENTAL CONSENT: Some content on this website may not be appropriate for children. Children under the age of 13 are not permitted to use this website or subscribe as members. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing our Website. Individuals between the ages of 13 and 18 are not permitted to subscribe as members to this web site without specific authorization and permission of a parent or guardian.
3. DESCRIPTION OF SERVICE: thintuition currently provides users with various on-line resources including communications tools, online forums, bulletin boards and shopping services: the “Service”. Any future updates additions or enhancements to the “Service” are subject to this T.O.S. agreement.
4. YOUR REGISTRATION OBLIGATIONS: In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as required by thintuition’s registration form and (b) maintain and promptly update that information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or thintuition has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, thintuition has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
5. THINTUITION PRIVACY POLICY: Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please review our full privacy policy.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify thintuition of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. thintuition cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
6b. It is in violation of this agreement for any member to allow any other person or persons to use that member’s log in name and password to access thintuition’s members only, e-learning site.
7. MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not thintuition, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. thintuition does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will thintuition be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public or Private Areas of the Website. thintuition is not responsible for the consequences of any communications in the Public or Private Areas of the Website.
You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way, or post any content that is inappropriate for minors;
c. impersonate any person or entity, including, but not limited to, offcers or employees of thintuition, inc. or any legal contractors.
d. Manipulate data or identifiers in order to disguise the origin of any Content.
e. upload, post, email or otherwise transmit any Content that you do not have the right to transmit;
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law or regulations;
l. harrass, "stalk," obsessively bother or otherwise invade the privacy of any other person; or
m. collect or store personal data about other users.
You acknowledge that thintuition does not pre-screen Content, but that thintuition and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, thintuition and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that thintuition may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of thintuition, its users and the public.
8. PUBLIC CONTENT POSTED TO THINTUITION:
(a) For purposes of the TOS, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public thintuition Community Groups and thintuition Discussion Boards, but would not include private messaging through thintuition.
(b) With respect to Content you elect to post for inclusion in publicly accessible areas of thintuition Community or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant thintuition the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific thintuition Community to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
(c) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant thintuition the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
9. INDEMNITY: You agree to indemnify and hold thintuition, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to, transmit or receive through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE: You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, including use of or access to the Service.
11. GENERAL PRACTICES REGARDING USE: You acknowledge that thintuition may establish general practices and limits concerning use of the Service, including limitation of time that messages, community and discussion board postings or other uploaded Content will be retained by the Service and the maximum number of times or duration you may access the Service in a given period of time. You agree that thintuition has no responsibility or liability for the deletion or failure to store any messages or other Content maintained or transmitted by the Service. You acknowledge that thintuition reserves the right to log off accounts that are inactive for an extended period of time.
12. MODIFICATIONS TO SERVICE: thintuition reserves the right at any time and from time to time to modify or discontinue our services, with or without notice. You agree that thintuition shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION: You agree that thintuition, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if thintuition believes that you have violated or acted inconsistently with the TOS. You agree that thintuition shall not be liable to you or any third-party for any termination of your access to the Service.
14. LINKS: The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because thintuition has no control over such sites and resources, you acknowledge and agree that thintuition is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that thintuition 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. THINTUITION'S PROPRIETARY RIGHTS: You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by thintuition, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
16. DISCLAIMER OF WARRANTIES: You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. thintuition expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. thintuition makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that 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.
d. No advice or information, whether oral or written, obtained by you from thintuition or through or from the service shall create any warranty not expressly stated in the TOS.
17. LIMITATION OF LIABILITY: You expressly understand and agree that thintuition shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if thintuition has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
18. 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. If applicable, some of the limitations above may not apply.
19. NOTICE : Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
20. COPYRIGHTS and COPYRIGHT AGENTS: thintuition respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide thintuition's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3.
a description of where the material that you claim is infringing is located on the site;
4. your log in name, address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. claims of copyright infringement maybe submitted to:
By mail:
Thintuition, Inc.
4638 N. Greenview Ave.
Suite 35
Chicago, IL 60618
By email: info@thintuition.com
21. GENERAL INFORMATION : The TOS constitutes the entire agreement between you and thintuition and governs your use of the Service, superceding any prior agreements between you and thintuition. The TOS and the relationship between you and thintuition shall be governed by the laws of the State of Illinois. You and thintuition agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cook, Illinois. The failure of thintuition to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22. VIOLATIONS: Please report any violations of the TOS to info@thintuition.com
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