Terms and Conditions of Use
The following terms apply to your purchase or use of the sites, services, and products and related communications described herein. Please review them all and note that the General Terms apply to all purchases or uses or related communications permitted hereunder.
Terms of Service
By visiting weightology.net (“Site”), and/or purchasing any services offered through the Site (“service”), and/or signing up for any communication from the Site or Service like email lists, you agree to the terms of this agreement. This agreement is subject to change at any time by the provider of the service, Weightology, LLC.
THE SITE, ITS CONTENT, AND ALL SERVICES AND PRODUCTS, AND COMMUNICATIONS ASSOCIATED WITH OUR SITE OR PROVIDED THROUGH ANY OF OUR SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF OUR SITE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE OR SERVICE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON OUR SITE OR OF THE SERVICE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
Your right to access and use our site and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our services for lawful purposes. The content of this site and our services are not to be redistributed, copied, resold, or otherwise disseminated unless specifically authorized by us. You are authorized to use the services as provided and are expressly prohibited from copying, reselling, disseminating, reverse engineering, or otherwise reproducing the services, including but not limited to any video, audio, downloadable content of any kind, copyrighted works, and trademarks. All rights not granted herein are expressly reserved. Our services are most effective when accurate information is supplied. You must provide true, accurate, current, and complete information about your accounts maintained at other web sites. Your access and use of our site may be interrupted from time to time for any of several reasons, including without limitation the malfunction of equipment, periodic updating, maintenance or repair of our site, or other actions that we, in our sole discretion, may elect to take. You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising, and marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty-free license to use the feedback you provide to us in any way. We will not sell, publish, or share your comments or feedback in a way that could identify you without your explicit permission. In your use of the service and site, you agree that you will not:
- Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Service or any portion of our site without our express written consent, which may be withheld in our sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search our site, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Internet Explorer, Safari, Firefox, Chrome, or Opera);
- Post or transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of our site or the Service; or
- Attempt to decipher, decompile, copy, reproduce, disassemble, or reverse-engineer any of the content, software, video, or audio components composing or in any way a part of our site or the Service.
The information provided by Weightology LLC (“we,” “us” or “our”) on weightology.net (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.
Not Medical Advice
The Site and Services not provide medical advice, and the information provided is not intended to diagnose, treat, cure, or prevent any illness or disease. Any person involved in an exercise or diet program assumes his or her own risks,. Before acting on any information, you should consider whether it is suitable for your particular circumstances and strongly consider seeking advice from a physician or other medical professional. WEIGHTOLOGY LLC, ITS AFFILIATES, THE SITE AND THE SERVICE DO NOT PROVIDE MEDICAL ADVICE. Our service, communications with our team, and this site are intended only to assist in educating users on topics related to building muscle, losing fat, and improving health. Your situation is unique and fact-dependent. Thus, any information and advice obtained through our services or this site may not be appropriate for your particular situation. Accordingly, before making any final decisions or implementing any information provided by the Site or Services, you should consider obtaining additional information and advice from a medical professional who is fully aware of your circumstances and needs.
Limitation of Liability and Indemnity.
YOU TAKE FULL RESPONSIBILITY FOR THE DATA YOU ENTER, THE CONTENT YOU SUPPLY, AND YOUR USE OF OUR SERVICES AND SITES. YOU ACKNOWLEDGE THAT THE SERVICE, WEIGHTOLOGY LLC, ITS AFFILIATES, AND EMPLOYEES OR AGENTS ARE NOT ENGAGED IN RENDERING MEDICAL ADVICE. OUR SERVICES ARE OFFERED TO ASSIST YOU WITH BUILDING MUSCLE, LOSING FAT, AND BECOMING MORE FIT AS DESCRIBED HEREIN. NEITHER WEIGHTOLOGY, LLC, ITS AFFILIATES, AGENTS, EMPLOYEES, NOR ANY THIRD-PARTY VENDOR, INCLUDING ANY THIRD PARTY MARKETER OR PROMOTER OF THE SERVICES UNDER WRITTEN CONTRACT WITH WEIGHTOLOGY, LLC (collectively, the “Weightology parties”) SHALL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OUR SITE, YOUR USE OF THE SERVICE, OR THIS AGREEMENT. SUBJECT TO APPLICABLE LAW, THE WEIGHTOLOGY PARTIES ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS OR REVENUE, LOSS OF PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SYSTEM REQUIREMENTS; (C) DAMAGES OR LOSSES RELATED TO PROFESSIONAL SERVICES OR ADVICE OF THIRD PARTIES, INCLUDING ADVERTISERS. THE ABOVE LIMITATIONS APPLY EVEN IF THE WEIGHTOLOGY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF THE WEIGHTOLOGY PARTIES, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICE AND ITS USE. IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST US OR ANY OF THE WEIGHTOLOGY PARTIES MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. THE MAXIMUM AMOUNT TO WHICH THE WEIGHTOLOGY PARTIES MAY BE LIABLE TO YOU IN ANY CIRCUMSTANCE SHALL NOT EXCEED THE LESSER OF (1) THE FEES PAID BY YOU IN THE PRECEDING TWELVE (12) MONTHS FOR OUR SERVICE THROUGH WEIGHTOLOGY.NET OR (2) IN THE CASE OF ALL OTHER USERS AND MEMBERS, FIVE HUNDRED DOLLARS ($500.00). You agree to indemnify and hold The Weightology Parties harmless from any and all claims, liability, and expenses, including reasonable attorneys’ fees and costs, arising out of your use of this site, use of our services, or breach of this Agreement (collectively referred to as “Claims”). We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by us in the defense of any Claims.
Intellectual Property Rights
The contents of the Services and our site, including its text, videos, graphics, images, logos, and button icons, photographs, editorial content, notices, software, and other material are protected under both United States and other applicable copyright, trademark, and other laws. The contents of our site belong or are licensed to us or its software or content suppliers. We grant you the right to view and use the Service subject to these terms. When permitted by us, you may download or print a copy of information provided on our site for your personal, noncommercial use only. Any distribution, reprint, or electronic reproduction of any content from our site in whole or in part for any other purpose is expressly prohibited without our prior written consent. All rights not granted are exclusively reserved by us. This is not a transfer of ownership in any intellectual property owned by us.
Third party links
Occasionally, at our discretion, we may include or offer third-party products or services on our site. These offerings may include advertisements, offers or solicitations from third-parties. We do not warrant or guarantee the services of advertisers or other third parties. Third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
We may also receive commissions from orders placed through these third party links.
Forums and Community Sites
We may provide other sites, including forum and/or community sites associated with your Weightology membership. This Agreement shall govern those sites unless site specific terms are in direct conflict with these terms. In the case of such a conflict, the site-specific terms shall control.
Children’s Online Privacy Protection Act Compliance
Our site, products and services are all directed to people who are at least 13 years old or older. If you are under the age of 13, per the requirements of COPPA (Children’s Online Privacy Protection Act), do not use this site.
Children Under 18
Minors under 18 years of age may have the Personal Information that they provide to through the Website deleted by contacting us through our Contact page requesting deletion. Please note that, while we make reasonable efforts to comply with such requests, deletion of your personal information does not ensure complete and comprehensive removal of that data from all systems.
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
Governing Law and Venue for Disputes
This Agreement and your relationship with us shall be governed by the laws of the State of Washington without regard to its conflict or choice of law rules. Any dispute with us, or our officers, directors, employees, agents, or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the state courts having jurisdiction over King County, Washington, except with respect to imminent harm requiring temporary or preliminary injunctive relief, in which case we may seek such relief in any court with jurisdiction over the parties.
We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on our site. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void, or unenforceable shall be stricken from this Agreement. If we do not exercise or enforce any legal right or remedy that is contained in the Agreement, such decision on our part will not serve as formal waiver of our rights. Those rights or remedies will still be available to us. All covenants, agreements, representations, and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and us regarding the subject matter of the same, and supersedes all other previous agreements.
This agreement contains the entire agreement between the site visitor or service user and Weightology, LLC, regarding the use of the service or site, and supersedes all prior written and oral understandings and writings. By using our services or site, you warrant and represent that you are competent to enter this binding agreement.
Your privacy is important to us. It is Weightology, LLC’s policy to respect your privacy regarding any information we may collect from you across our website, weightology.net, and other sites we own and operate.
Information We Collect
When you visit our website, our servers may automatically log the standard data provided by your web browser. This data is considered “non-identifying information”, as it does not personally identify you on its own. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.
We may also collect data about the device you are using to access our website. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.
We may ask for personal information, such as your:
- Date of birth
- Phone/mobile number
- Home/Mailing address
- Work address
- Payment information
This data is considered “identifying information”, as it can personally identify you. We only request personal information relevant to providing you with a service, and only use it to help provide or improve this service.
How we collect information
We collect information by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used. You are free to refuse our request for this information, with the understanding that we may be unable to provide you with some of your desired services without it.
Use of information
We may use a combination of identifying and non-identifying information to understand who our visitors are, how they use our services, and how we may improve their experience of our website in future. We do not disclose the specifics of this information publicly, but may share aggregated and anonymous versions of this information, for example, in website and customer usage trend reports.
We may use your personal details to contact you with updates about our website and services, along with promotional content that we believe may be of interest to you. If you wish to opt out of receiving promotional content, you can follow the “unsubscribe” instructions provided alongside any promotional correspondence from us.
Data processing and storage
The personal information we collect is stored and processed in United States, or where we or our partners, affiliates and third-party providers maintain facilities. We only transfer data within jurisdictions subject to data protection laws that reflect our commitment to protecting the privacy of our users.
We only retain personal information for as long as necessary to provide a service, or to improve our services in future. While we retain this data, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure, and cannot guarantee absolute data security.
If you request your personal information be deleted, or where your personal information becomes no longer relevant to our operations, we will erase it from our system within a reasonable timeframe.
We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified.
Third-party access to information
We use third-party services for:
- Analytics tracking
- User authentication
- Advertising and promotion
- Content marketing
- Email marketing
- Payment processing
These services may access our data solely for the purpose of performing specific tasks on our behalf. We do not share any personally identifying information with them without your explicit consent. We do not give them permission to disclose or use any of our data for any other purpose.
We may, from time to time, allow limited access to our data by external consultants and agencies for the purpose of analysis and service improvement. This access is only permitted for as long as necessary to perform a specific function. We only work with external agencies whose privacy policies align with ours.
We will refuse government and law enforcement requests for data if we believe a request is too broad or unrelated to its stated purpose. However, we may cooperate if we believe the requested information is necessary and appropriate to comply with legal process, to protect our own rights and property, to protect the safety of the public and any person, to prevent a crime, or to prevent what we reasonably believe to be illegal, legally actionable, or unethical activity.
We do not otherwise share or supply personal information to third parties. We do not sell or rent your personal information to marketers or third parties.
Limits of our policy
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
Changes to this policy
Your rights and responsibilities
As our user, you have the right to be informed about how your data is collected and used. You are entitled to know what data we collect about you, and how it is processed. You are entitled to correct and update any personal information about you, and to request this information be deleted. You may amend or remove your account information at any time, using the tools provided in your account control panel.
You are entitled to restrict or object to our use of your data, while retaining the right to use your personal information for your own purposes. You have the right to opt out of data about you being used in decisions based solely on automated processing.
Feel free to contact us if you have any concerns or questions about how we handle your data and personal information.
What is a cookie?
A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the site to recognise your web browser when you return, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself.
Cookies are used to enable certain features (eg. logging in), to track site usage (eg. analytics), to store your user settings (eg. timezone, notification preferences), and to personalise your content (eg. advertising, language).
Cookies set by the website you are visiting are normally referred to as “first-party cookies”, and typically only track your activity on that particular site. Cookies set by other sites and companies (ie. third parties) are called “third-party cookies”, and can be used to track you on other websites that use the same third-party service.
Types of cookies and how we use them
Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts and payment processing. We use essential cookies to enable certain functions on our website.
Performance cookies are used in the tracking of how you use a website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all site users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. We use performance cookies on our site.
Functionality cookies are used in collecting information about your device and any settings you may configure on the website you’re visiting (like language and timezone settings). With this information, websites can provide you with customised, enhanced or optimised content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party service. We use functionality cookies for selected features on our site.
Targeting/advertising cookies are used in determining what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service. We use targeting/advertising cookies on our site.
Third-party cookies on our site
Our third-party privacy promise
We review the privacy policies of all our third-party providers before enlisting their services to ensure their practices align with ours. We will never knowingly include third-party services that compromise or violate the privacy of our users.
How you can control or opt out of cookies
If you browse websites from multiple devices, you may need to update your settings on each individual device.
Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content across the sites you visit.