legal

Last updated October 30, 2006

About Weightcircles

Weightcircles is an online social networking community that connects people with similar weight control goals for motivation, tips, and encouragement. Each Weightcircles Member creates his or her own profile, which contains the personal information that the Member chooses to include. Weightcircles uses this personal information to identify which circles are most appropriate for each Member so that each Member can connect with others who have similar weight control goals and needs. To enrich our members' experience, we request and display some personal information to other members and visitors, which both motivates others who visit that Member profile, and also helps others to support and encourage the Member. Weightcircles Members can delete or update their profile information at any time.

Weightcircles cares deeply about Member’s health and privacy. If you have any questions concerning Weightcircles Terms of Use or Privacy Policy, please email us at privacy@weightcircles.com.

Terms of Use

Weightcircles is an online community dedicated to helping Members achieve their weight control goals through motivation, encouragement, tips, and support. Weightcircles is not a medical organization and our staff cannot give ou medical advice or diagnosis. No information posted on this website by the staff or by Members should be construed as medical advice or diagnosis. The information on Weightcircles should not be interpreted as a substitute for physician consultation, evaluation, or treatment. Because Weightcircles is an open community, some Members may post comments, diet tips, or exercise tips that are not right for others. Members should always seek their own doctor’s advice prior to starting any diet or exercise program. Not all weight control plans are appropriate for all people, and fad diets, diets that enable rapid weight loss, and overly strenuous exercise can be dangerous.

Weightcircles supports moderate, long-term weight control and believes that following a sensible diet and exercise plan and reaching and maintaining a healthy weight is an important component of having a high quality of life. Weightcircles believes that by posting community tips and support for weight control, we can have an impact on people's lives that creates an overall improvement in their health and quality of life. In using this Website and following the advice posted here by Members, you agree that Weightcircles and any of its officers, directors, employees, stockholders, agents and representatives will not be held liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

By using this site, you agree to these Terms of Use. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Website and, if applicable, you should arrange to cancel your registered user account or subscription with us.

Disclaimers of Warranties

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.

NEITHER WEIGHTCIRCLES.COM, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.

NEITHER WEIGHTCIRCLES.COM, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE WEIGHTCIRCLES SITES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE WEIGHTCIRCLES SITES OR ANY WEBSITE OR WEBSITES LINKED TO THE WEIGHTCIRCLES SITES, (C) 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 THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.

Indemnification

You agree to indemnify, hold harmless and, at our option, defend Weightcircles and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

Governing Law and Choice of Forum

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of California, 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 or these Terms & Conditions shall be filed only in the state or federal courts located in Santa Clara County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Privacy Policy

Information Collection and Use by Weightcircles

Weightcircles collects user submitted information such as name and email address to authenticate users and to send notifications to those users relating to the Weightcircles service. Weightcircles also collects other profile data including but not limited to: personal interests, gender, age, starting weight, goal weight, current weight, diet and fitness plans, weight control habits, education and occupation in order to assist Members in finding and communicating with each other.

Weightcircles also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the site. This data is used to manage the website, track usage and improve the website services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to members. Member IP addresses are recorded for security and monitoring purposes.

Member Profile information including members' pictures and usernames are displayed to people in order to facilitate user interaction in the Weightcircles social networking community. Email addresses are used for the purposes of inviting new friends to join Weightcircles and to send notifications related to the service. With the exception of inviting friends, adding friends, and notifications, a user's email address is not shared or displayed to people within a user's personal network. Members communicate on Weightcircles with each other through the Weightcircles service, without disclosing their email addresses. Members’ full names are never directly revealed to other members.

Any personal information or pictures that Members voluntarily disclose online (on discussion boards, in messages and chat areas, within public profile page, etc.) become publicly available and can be collected and used by others. A Member’s account name (not email address) is displayed to other Users on the Member Profile.

Weightcircles does not use email address or other personally identifiable information to send commercial or marketing messages without Member consent or except as part of a specific program or feature for which Members will have the ability to opt-in or opt-out. We may, however, use email addresses without further consent for non-marketing or administrative purposes (such as notifying Members of major Weightcircles Site changes, or for customer service purposes).

We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of Weightcircles and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.

Invitations and Other Communications to Non-members

Weightcircles members can invite others to join the service by sending invitation emails via our automated invitation system. Weightcircles stores the email addresses that members provide so that the respondents may be added to the friend's list of the member sending the invitations, and also to send reminders of the invitations Weightcircles does not sell these email addresses or use them to send any other communication besides invitations, invitation reminders (up to three (3) per email address). Recipients of invitations from Weightcircles may contact Weightcircles to request the removal of their information from our database.

Use of Cookies

We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit Weightcircles; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you must enable cookies from Weightcircles in order to use most functions on the site. Please note that Weightcircles allows 3rd party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer. Advertisers' use of cookies is subject to their own privacy policies, not the Weightcircles Privacy Policy.

Correcting/Updating or Removing Information

Weightcircles users may modify or remove any of their personal information at any time by logging into their account and accessing features such as Edit Profile and Account Info.

Third Party Advertising

Ads appearing on this Web site may be delivered to users by Weightcircles or one of our Web advertising partners. Our Web advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers the use of cookies by Weightcircles and does not cover the use of cookies by any advertisers.

Weightcircles expects our advertising partners to develop better tools for providing advertisements that are most relevant and meaningful to Members by using information about a Member’s profile in determining which ads to deliver to that Member. Weightcircles believe these improvements in advertisement targeting are beneficial to both Members and advertisers. To support these programs, Weightcircles may provide information to our advertising partners such as which circles a Member belongs to for their use in delivering ads to Weightcircles. No personal identification information such as name or email address will be linked with that information, and it will be used solely for purposes of targeted advertising on Weightcircles.

Parental Permission

Some of the information available on Weightcircles may not be appropriate for children. Further, Weightcircles is not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children's exploration of the internet and any online services.

Security

Weightcircles member accounts are secured by member-created passwords Weightcircles takes precautions to ensure that member account information is kept private. We use reasonable measures to protect member information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time For any additional information about the security measures we use on Weightcircles, please contact us a privacy@weightcircles.com

Sharing and Disclosure of Information Weightcircles Collects

Except as otherwise described in this privacy statement, Weightcircles will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by Weightcircles, whether or not a response is required by applicable law; (2) to enforce the Weightcircles Terms of Use Agreement or to protect our rights; or (3) to protect the safety of members of the public and users of the service. Weightcircles reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of Weightcircles or substantially all of its assets to that successor in interest. For more information see the "Changes in Our Privacy Policy" section below.

Changes in Our Privacy Policy

From time to time we may make changes to our privacy policy. If we make changes, we will post them on our site so users will always be aware of what information we collect, how we use it, and when we may disclose it. A Member is bound by any minor changes to the policy when she or he uses the site after those changes have been posted. If, however, we are going to use Members’ personally identifiable information in a manner materially different from that stated at the time of collection we will notify Members by email or by placing a prominent notice on our Web site.

Weightcircles is currently being released as a beta version. Many additional features will be released over the coming months. When Weightcircles releases a new feature, any privacy concerns related to that specific feature will be added to the Privacy Policy.

Contacting Weightcircles

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, please contact us at: privacy@weightcircles.com