TERMS AND CONDITIONS OF USE
The articles and information aim to provide general ideas. Neither the authors nor publisher
shall take any responsibility for any loss or damages occasioned to any person or organisation acting or refraining
from action as a result of this information. As always the advice of a competent legal solicitor, accountant or other professional
advice should be sought.
We have
taken every effort to design our Web site to be informative, helpful and honest. Please let us know if you’d like to see
improvements or changes that would make it even easier for you to find the information you need and
want.
All we
ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because
by using our site you automatically agree to them. Naturally, if you don’t agree, please do not use the site. We
reserve the right to make any modifications that we deem necessary at any time. Please continue to check these
terms to see what those changes may be! Your continued use of theWeb site
means that you accept those changes.
Like any program consult your Doctor
or health care professional before you begin any exercise program or calorie controlled diet. While every
precaution has been taken in preparation of this document, the publisher and authors assume no responsibilty
for errors or omissions, or for the damages resulting from the use of information contained in this document
or from the use of programs or methods. In no event shall the publisher and the authors be liable for loss or
damage caused or alleged to have been caused directly or indirectly from this information.
Products that are reffered to in this document may be either trademark and/ or
registered trademarks of the respective owners. The publisher and the authors make no claim to these
trademarks.
Individual weight loss results may vary depending on health, age, diet and effort, the
publisher and authors take no responsibilty for weight loss.
Thank you for
visiting
Restrictions on Use of Our Online
Materials
All Online Materials on the Evaganic PTY LTD site,
including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images,
photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage
rights are owned and controlled by Evaganic PTY LTD. You, the visitor,
may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright,
trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the
materials in a manner that suggests an association with any of our products, services, events or brands, and
4) you do not download quantities of materials to a database, server, or personal computer for reuse for
commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute
Online Materials in any way or for any other purpose unless you get our written permission first. Neither may
you add, delete, distort or misrepresent any content on the Evaganic PTY LTD site. Any attempts to modify any
Online Material, or to defeat or circumvent our security features is
prohibited.
Everything you download, any software, plus all files,
all images incorporated in or generated by the software, and all data accompanying it, is considered licensed
to you by Evaganic PTY LTD or third-party licensors for your personal, non-commercial home use only. We do
not transfer title of the software to you. That means that we retain full and complete title to the software
and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the
material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can
use.
Submitting Your Online Material to
Us
All remarks, suggestions, ideas, graphics, comments, or
other information that you send to Evaganic PTY LTD through our site (other than information we promise to
protect under our privacy policy becomes and remains our property, even if this agreement is later
terminated.
That means that we don’t have to treat any such
submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like
them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present
and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to Evaganic
PTY LTD while using common sense, without compensating you or anyone else for them.
You acknowledge that you are responsible for any
submission you make. This means that you (and not we) have full responsibility for the message, including its
legality, reliability, appropriateness, originality, and copyright.
Limitation of Liability
Evaganic
PTY LTD WILL NOT BE LIABLE FOR ANY
DAMAGES LOSS OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY
CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE USE OF (OR
INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE FAILURE OF OUR SITE TO PERFORM IN THE MANNER
YOU EXPECTED OR DESIRED ERROR ON OUR SITE OMISSION ON OUR SITE INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE DELAY IN OPERATION OR TRANSMISSION OF OUR SITE COMPUTER VIRUS OR LINE FAILURE PLEASE NOTE
THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING: DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS
OR INJURY DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL
DAMAGES.") OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL
TERMS AS "INCIDENTAL DAMAGES.") WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT
OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES,
THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER
THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL
LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS
OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY
OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR
SITE.
Links to Other Site
We sometimes provide referrals to and links to other
World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement
with any information or resources offered at sites you can access through our site. If in doubt, always check
the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Evaganic
PTY LTD operated site or have moved to another site. Evaganic PTY LTD is not responsible for the content or
practices of third party sites that may be linked to our site. When Evaganic PTY LTD provides links or
references to other Web sites, no inference or assumption should be made and no representation should be
inferred that Evaganic PTY LTD is connected with, operates or controls these Web sites. Any approved link
must not represent in any way, either explicitly or by implication, that you have received the endorsement,
sponsorship or support of any Evaganic PTY LTD site or endorsement, sponsorship or support of Evaganic PTY
LTD, including its respective employees, agents or directors.
Termination of This Agreement
This
agreement is effective until terminated by either party. You may terminate this agreement at any time, by
destroying all materials obtained from Evaganic PTY LTD site, along with all related documentation and all copies
and installations. Evaganic PTY LTD may terminate this agreement at any time and without notice to you, if, in its sole judgment, you
breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by
providing material on our Web site, we do not in any way promise that the materials will remain available to you.
And Evaganic PTY LTD is entitled to
terminate all or any part of any of its Web site without notice to you.
Jurisdiction and Other Points to
Consider
If you use our site from locations outside of the
Australia and the United States, you are responsible for compliance with any applicable local
laws.
These Terms of Use shall be governed by, construed and
enforced in accordance with the laws of the state, as it is applied to agreements entered into and to be
performed entirely within such jurisdiction.
To the
extent you have in any manner violated or threatened to violate Evaganic PTY LTD and/or its affiliates' intellectual property rights,
Evaganic PTY LTD and/or its
affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Evaganic
PTY LTD and you consent to
exclusive jurisdiction and venue in such courts.
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