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WITHOUT LIMITING THE FOREGOING, FLATBELLYBUDDY.COM MAKES THE FOLLOWING SPECIFIC DISCLAIMERS FOR THE FOLLOWING CATEGORIES OF INFORMATION:
Investment and Financial Information: The content on the Site should not be interpreted as financial or investment advice, nor should it be interpreted as creating any kind of investment advisor or financial advisor relationship.
You should NOT rely on the financial and investment information or opinions provided on this Site. You should conduct your own independent research and consult with your personal investment advisor before making an investment or financial decision.
You are solely responsible for any investment and financial decisions, omissions, or actions you take. Neither flatbellybuddy.com, its affiliates, subsidiaries, nor any of their respective agents, employees, information providers or content providers shall have any liability for your financial or investment decisions based upon, or results obtain from, the content on the Site.
Medical and Health Information: The content on the Site should not be interpreted as medical or health advice. The content should not be used to diagnose, treat, or cure any medical or health conditions, nor should it be interpreted as creating any doctor-patient or health/medical advisor relationship.
You should NOT rely upon the medical, health, dietary, nutritional or other professional information or opinions provided and you should always speak to your personal health care provider before beginning, changing or stopping any medication or any treatment for a health program.
You are solely responsible for any decisions, omissions, or actions you take based on choosing to seek or not seek professional medical care or choosing or not choosing specific treatments.
Neither flatbellybuddy.com, its affiliates or subsidiaries, nor any of their respective agents, employees, information providers or content providers shall have any liability for your medical, health, dietary or nutritional decisions based upon, or results obtains from, the content on the Site.
LEGAL INFORMATION: The content located on the Site should not be interpreted as legal advice, nor should it be interpreted as creating any kind of attorney-client or legal advisor relationship.
You should NOT rely upon the legal information or opinions provided, and you should consult with your personal legal advisor; this Site is not a substitute for an in-person consultation with an attorney, as the applicability of the legal principles discussed at this Site may differ substantially in individual situations or in different states or countries.
You are solely responsible for any legal decisions or actions you take or omissions you commit. Neither flatbellybuddy.com, its affiliates or subsidiaries, nor any of their respective agents, employees, information providers or content providers shall have any liability for your legal decisions based upon, or the results obtained from, the content on the Site.
TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY, AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSIDERED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 18 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
LIMITATION OF LIABILITY.
IN ORDER TO PROVIDE YOU WITH ACCESS TO THIS SITE AND ANY RELATED SERVICES, WE ARE UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING AT THIS SITE OR ANY LOSSES YOU MAY INCUR. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD-PARTIES.
Force Majeure. We will not be liable for failing to perform under this Agreement as a result of the occurrence of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure to perform by one of our service providers, fire, terrorism, natural disaster or war.
Notices and Electronic Communication. All notices required or permitted to be given under this Agreement must be in writing and delivered to the receiving party by any of the following methods:
(i) hand delivery;
(ii) certified U.S. mail, return receipt requested;
(iii) overnight courier; or
(iv) electronic mail.
If we provide notice to you, we must use the contact information provided to us by you (if any).
All notices will be deemed received as follows:
(i) if by hand delivery, on the date of delivery;
(ii) if by delivery by U.S. mail, on the date of receipt appearing on a return receipt card;
(iii) if by overnight courier, on the date receipt is confirmed by courier service, or
(iv) if by electronic mail, twenty-four (24) hours after the message was sent, if no “system error” or other notice of non-delivery is generated. Each party agrees that any notice that it receives from the other party electronically satisfies the legal requirement that such communications be in writing.
Complete Agreement/No Representations. This Agreement constitutes the entire agreement between you and us relating to your access to and use of this Site and supersedes any prior or contemporaneous representations or agreements.
Any rights not otherwise expressly granted by this Agreement are reserved by us. This Agreement may not be modified, either expressly or by implications, except as set forth in Section 23.
In General. Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only by obtaining our written consent in a notarized agreement.
Periodic Revisions. You agree that we may modify the terms of this Agreement in our sole discretion, without advance notice, and that your right to access this Site is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will post a notice on this page for thirty (30) days following any revisions or modifications to this Agreement. You agree to review this page at least once every thirty (30) days. It will be your responsibility to review this page for possible modifications.
Arbitration. All disputes arising out of this Agreement (including its formation, performance or alleged breach) or your use of our Site or services will be exclusively resolved under confidential binding arbitration.
If you can demonstrate that arbitration in California would create an undue burden to you, you are free to initiate the arbitration in your home state. Otherwise, the arbitration hearings will be held in Los Angeles County, California before and in accordance with the Rules of the American Arbitration Association.
You may download or copy a form notice at www.adr.org. If you initiate arbitration, your arbitration fees will be limited to the filing fees. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in the state or federal court in Los Angeles County, California to enforce these terms or prevent infringement of a third party’s rights. In the event equitable relief is sought, each party irrevocably submits to the personal jurisdiction of such court.
Waiver of Class Action Rights. By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with this Agreement must be individually asserted.
Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have to arise out of, relating to, or connected with your use of the Site or any related services, must be filed within one (1) calendar year after such claim or cause of action arises, or forever be barred.
This Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed and construed in accordance with the laws of Los Angeles, California without reference to conflict of law principles. This Agreement and all of your rights and obligations under this Agreement (including, without limitation, your account, if any) will not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege under this Agreement. We are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect.
Further Information. If you have a complaint, you may contact us at [email protected] If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.