SUBSCRIPTION
AGREEMENT
PLEASE READ THE FOLLOWING TERMS
AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE AND YOUR
MEMBERSHIP TO IT.
By using Sixpacknow.com as a
paying subscriber you agree to the terms and conditions set forth
in this Subscription Agreement (this "Agreement"). We reserve the
right, in our sole discretion, to change, modify, add or remove
provisions of this Agreement at any time. You should check this
Agreement periodically for changes. By using Sixpacknow.com after
we post any changes to this Agreement or otherwise notify you of
such changes, you agree to accept those changes, whether or not
you have reviewed them. If you do not agree to this Agreement, you
should not use our Website and you should arrange to cancel your
registered user account or subscription with us, as applicable.
1. Scope of Agreement
Unless we indicate otherwise, this Agreement applies to your use
of the websites which are owned or operated by Sixpacknow.com,
including, without limitation, this website and any other website
that we may own or operate currently or in the future
(collectively, our "Website").
2. Your Use of this Website and Our Fee-Based Products
Unless otherwise specified, we grant you a non-exclusive,
non-transferable, limited right to access, use and display this
Website and the material provided hereon, and the Fee-Based
Products that you subscribed to, for your personal, non-commercial
use, provided that you comply fully with the provisions of this
Agreement. You agree not to assign, transfer or sublicense your
rights as a registered user of, or subscriber to, this Website
and/or our Fee-Based Products. You understand that only you may
use your user account and password, and that your subscription to
our Website is only valid for your personal, non-commercial use
and may not be shared with others. You agree to be financially
responsible for all usage or activity of Fee-Based Products
subscribed to by you.
By using this Website and/or our Fee-Based Products, you agree to
be legally bound and to abide by this Agreement, just as if you
had signed this Agreement. If you do not comply with this
Agreement at any time, we reserve the right to cancel or terminate
your password, user account, and/or access to this Website (or any
part thereof) and/or our Fee-Based Products.
From time to time, we may supplement this Agreement with
additional terms and conditions pertaining to specific content,
activities or events ("Additional Terms"). Such Additional Terms
may be placed on the Website to be viewed in connection with the
specific content, activities, features or events and shall be
identified as such. You understand and agree that such Additional
Terms are hereby incorporated by reference into this Agreement.
3. Charges and Fees for Subscriptions
Certain portions, components, content and features of this Website
are only available to individuals who purchase a subscription to
Sixpacknow.com. As a subscriber to one of our Fee-Based Products,
you agree as follows:
A. You agree to pay, using a valid credit card (or other form of
payment), the fixed charge of $49.99 US Dollars set forth on this
Website. Only one Personalized Plan will be designed per
membership, for additional Personalized Plans members are asked to
pay an additional subscription price of $49.99.
B. For purposes of your use of our Fee-Based Products including
identification and billing, you agree to provide us with true,
accurate and complete information as required by the subscription
or sign up process to our Fee-Based Products ("Subscription
Data"), including your legal name, address, telephone number,
email address and applicable billing information (e.g., credit
card number and expiration date)..
C. You are entirely responsible for maintaining the
confidentiality of your password and user account information. You
must notify us immediately in the event of any known or suspected
unauthorized use of your user account, or any known or suspected
breach of security, including loss, theft, or unauthorized
disclosure of your or anyone else's password or credit card
information.
4. Cancellation of Subscription
Either you or Sixpacknow.com may terminate or cancel your
subscription to our Website at any time. You understand and agree
that the cancellation or termination of your subscription does not
entitle you to a refund of monies paid, unless you have not
requested a Personalized Plan. Once a Personalized Plan has been
designed Sixpacknow.com cannot issue a refund.
You can cancel your subscription by contacting Customer Service at
subscriptions@sixpacknow.com or by such other means as we may
provide from time to time.
5. Privacy and Security
We are committed to protecting your privacy and security.
Sixpacknow.com does not pass on your details or personal
information to any third party.
6. Health Disclaimer
This Website and our Fee-Based Products provide fitness management
and information applications and content published over the
Internet and are intended only to assist users in their personal
fat loss/physique enhancing efforts. Sixpacknow.com is not a
medical organization and our staff cannot give you medical advice
or diagnosis. Nothing contained in this Website should be
construed as such advice or diagnosis. The information and reports
generated by us should not be interpreted as a substitute for
physician consultation, evaluation, or treatment.
You
are urged and advised to seek the advice of a physician before
beginning any weight loss/fat loss/muscle development effort or
regimen. This Website is intended for use only by healthy adult
individuals. The Website is not intended for use by minors,
pregnant women, 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 effort
or regimen.
7. Parental or Guardian Permission
Some of the Content on this Website may not be appropriate for
children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE
THIS WEBSITE. We strongly recommend that children between the ages
of 13 and 16 ask for their parent's or guardian's permission
before viewing our Website. INDIVIDUALS UNDER THE AGE OF 16 ARE
NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED PRODUCTS.
8. Links
This Agreement applies only to this Website, and not to the
websites of any other person or entity. We may provide, or third
parties may provide, links to other worldwide websites or
resources. You acknowledge and agree that we are not responsible
for the availability of such external sites or resources, and do
not endorse (and are not responsible or liable for) any content,
advertising, products, or other materials on or available from
such websites or resources. You further acknowledge and agree
that, under no circumstances, will we be held responsible or
liable, directly or indirectly, for any loss or damage that is
caused or alleged to have been caused to you in connection with
your use of, or reliance on, any content, advertisements, products
or other resources available on any other website (regardless of
whether we directly or indirectly link to such content,
advertisements, products or other resources). You should direct
any concerns with respect to any other website to that website's
administrator or webmaster.
9. Third Party Products and Services
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.
10. Copyright Complaints
We respect the intellectual property of others, and we ask our
users to do the same. We may, in appropriate circumstances and in
our sole discretion, terminate the rights of any user to use our
Website (or any part thereof) who infringe the intellectual
property rights of others. If you believe that your work has been
copied in a way that constitutes copyright infringement or are
aware of someone doing so, please contact: SIXPACKNOW.COM, PO BOX
711, GRIFFITH, INDIANA 46315, USA
11a. Our Registered Copyright
The site content of Sixpacknow.com and Personalized Diet Plans are
registered with the Copyright Office and MUST NOT be reproduced or
plagiarised in any way, shape or form. Any material from our
website or Personalized Plans must not be re-distributed without
the consent of the author (Sixpacknow.com). We have commissioned a
private company to regularly search the internet and for copyright
violators. Do NOT be tempted to copy material as offenders will be
found and prosecuted under US or UK law.
12. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance
with the laws of the State of New York, without giving effect to
any principles of conflicts of law. You agree that any action at
law or in equity arising out of or relating to your use of this
Website (including, without limitation, the Fee-Based Products) or
this Agreement shall be filed only in the state or federal courts
located in New York County in the State of New York and you hereby
consent and submit to the personal jurisdiction of such courts for
the purposes of litigating any such action.
Last Modified September 2006
