Terms of Use
PLEASE NOTE: Always consult a physician before starting
a fitness program or changing your diet. Not all exercises or activities are suitable
for everyone. If you feel discomfort or pain, stop. The instructions and advice
presented are in no way intended as a substitute for medical or psychological counseling.
By using the MatthewsCalorieCounter.com Web site, owned and operated by First Century
Thinking, you are subject to certain terms and conditions as set forth
below.
- Scope of Use
The material provided by MatthewsCalorieCounter.com ("MatthewsCalorieCounter")
is for general informational purposes only - MatthewsCalorieCounter is not a healthcare
practitioner and has no expertise in diagnosing, examining, or treating medical
conditions of any kind, or in determining the effect of any specific exercise on
a medical condition. MatthewsCalorieCounter.com is not a prescription system and
is not intended to be a substitute for professional medical advice, diagnosis, or
treatment. Members are responsible for their own health, diet research and decisions;
therefore MatthewsCalorieCounter.com requires that you consult with your physician
or healthcare practitioner before dieting, making any personal health decisions,
or following any training instructions you receive through MatthewsCalorieCounter.com
or participating in any event announced on our site. By registering for MatthewsCalorieCounter.com,
you certify that you have received consent from your physician to participate in
the programs, workouts, and exercises to be provided by MatthewsCalorieCounter.com.
You should understand that when participating in any exercise or exercise program,
there is the possibility of physical injury and or death.
MatthewsCalorieCounter is not responsible for any health problems that may result
from training programs, products, or events you learn about through MatthewsCalorieCounter.com.
If you engage in any exercise program you receive through MatthewsCalorieCounter.com,
you agree that you do so at your own risk, and are voluntarily participating in
these activities.
MatthewsCalorieCounter tries to provide only the most helpful and accurate information,
but MatthewsCalorieCounter cannot verify, endorse or vouch for the information,
services or recommendations available through MatthewsCalorieCounter.com. MatthewsCalorieCounter
is not responsible for the accuracy, reliability, effectiveness, or correct use
of information you receive through MatthewsCalorieCounter.com, or for any health
problems that may result from training programs, products, or events you learn about
through the site.
- Eligible Users
MatthewsCalorieCounter is available only to individuals eighteen years of age and
older, and to individuals who can form legally binding contracts under applicable
law. By using MatthewsCalorieCounter, you represent and warrant that you meet these
criteria and you agree to having the ability under applicable law to enter into
a legally binding contract.
- Individual Use
You are only authorized to use this Site for your own individual use, and may not
duplicate, download, publish, modify or otherwise distribute any material on MatthewsCalorieCounter
for any purpose other than for your own individual use, unless otherwise specifically
authorized by MatthewsCalorieCounter. You agree not to transfer or resell your use
of or access to your program to any third party.
- General Terms and Conditions
You agree to:
- Maintain the security of your member name, password and other confidential information
relating to your MatthewsCalorieCounter account;
- Update your personal information, including email address. Members must provide
a valid email address.
- Modifications
MatthewsCalorieCounter may amend or modify the terms and conditions of this Agreement
at any time by posting a revised MatthewsCalorieCounter Terms of Use document on
the MatthewsCalorieCounter Web site. You are responsible for regularly reviewing
the MatthewsCalorieCounter Web site to obtain timely notice of such amendments.
Any continued use of the Service by you after such amended terms have been posted
shall be deemed your consent and agreement to such amended terms. Furthermore, MatthewsCalorieCounter
reserves the right, at any time and for any or no reason, to limit, deny, modify
or discontinue the Service with or without notice to you. MatthewsCalorieCounter
shall not be liable to you or any third party should MatthewsCalorieCounter exercise
its right to modify or discontinue the Service.
- Email
Some of our members will make their email addresses available if they wish to converse
with others users with similar interests and/or goals. If you use this information,
you agree not to transmit "spam" or other unwanted solicitations, or any
material that is harassing, threatening, racially offensive, obscene, abusive, harmful,
defamatory, invasive of another's privacy, infringing of another's intellectual
property rights, or illegal. Members found using email information in this manner
will be stripped of their membership. MatthewsCalorieCounter.com is not responsible
for the content of email messages sent by its members or from a third party.
- Member Conduct
We assume members of MatthewsCalorieCounter.com will act responsibly and use the
tools provided by MatthewsCalorieCounter.com in a law-abiding manner. If MatthewsCalorieCounter.com
determines that any member is not using the system responsibly, we can and will
censor, edit or block their transmissions or use of MatthewsCalorieCounter.com.
- Warranty Disclaimer
Access to and use of the services is at your own risk. The services are provided
on an 'as is' and 'as available' basis. "First Century Thinking"
does not warrant that MatthewsCalorieCounter.com or any of it's services will
be uninterrupted or error-free, including temporary site unavailability or short
term server crashes. If you experience ongoing technical problems, please
contact us.
- Waiver, release and limitation of liability
You agree that neither "First Century Thinking", or its affiliates, subsidiaries,
officers, directors, employees, agents, consultants or information providers or
suppliers, shall have any liability to you under any theory of liability or indemnity
in connection with your use of MatthewsCalorieCounter.com. You hereby release and
forever waive any and all claims you may have against "First Century Thinking",
its officers, directors, employees, agents, consultants, information providers or
suppliers for losses or damages you sustain in connection with your use of MatthewsCalorieCounter.com.
The total liability of "First Century Thinking", and its officers, directors, employees,
agents, consultants, information providers and suppliers, if any, for losses or
damages shall not exceed the fees paid by you for the particular information or
service provided. All other damages, direct or indirect, special, incidental, consequential
or punitive arising from any use of the information or other parts of MatthewsCalorieCounter.com
are hereby excluded even if "First Century Thinking", or its officers, directors,
employees, agents, consultants, information providers or suppliers have been advised
of the possibility of such damages. Void where prohibited by law.
- Indemnification
You agree to indemnify, defend and hold harmless MatthewsCalorieCounter.com, its
parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders
or other partners, suppliers and any third-parties from any loss, liability, claim,
demand, action or damage, including reasonable attorneys' fees, arising out
of or related to (i) your use or access of MatthewsCalorieCounter.com or services,
(ii) the use of your MatthewsCalorieCounter.com account, (iii) any content, information
or material you receive on or through MatthewsCalorieCounter.com, (iv) any content,
information or material you post or transmit via MatthewsCalorieCounter.com or related
email service, or (v) your breach or violation of any of these Terms of Use.
- Comments, Forums and Chat Rooms
It is impossible for owners and operators this site to confirm the validity of all
posts on our forums, support groups, comments and chat rooms. Posts reflect the views and
opinion of the author, but not necessarily the owners and operators. If you feel
that a posted message is questionable, is encouraged to notify an administrator
of this web site immediately.
You agree not to post any abusive, vulgar, obscene, hateful, slanderous, threatening,
sexually-oriented or any other material that may violate any applicable laws. Doing
so may lead to you being permanently banned from this forum. Note that all IP address
are logged and may aid in enforcing these conditions.
You agree that the owners and operators of the forum on this site have the right
to remove, edit, move or close any topic at any time should they see fit. As a user
you agree to any information you have entered above being stored in a database.
While this information will not be disclosed to any third party without your consent
the owners and operators cannot be held responsible for any hacking attempt that
may lead to the data being compromised.
Our forum system uses cookies to store information on your local computer. These
cookies do not contain any of the information you have entered above; they serve
only to improve your viewing pleasure.
MATTHEWS CALORIE COUNTER hosts comments, chat rooms and other public forums
on this site. Any user failing to comply with the terms and conditions of this Agreement
may be expelled from and refused continued access to, the support groups, chats
or other public forums in the future. MATTHEWS CALORIE COUNTER or its designated
agents may remove or alter any user-created content at any time for any reason.
Support groups, chats and other public forums are intended to serve as discussion
centers for users and subscribers. Information and content posted within these public
forums may be provided by MATTHEWS CALORIE COUNTER staff, MATTHEWS CALORIE COUNTER's
outside contributors, or by users not connected with MATTHEWS CALORIE COUNTER, some
of whom may employ anonymous user names. MATTHEWS CALORIE COUNTER expressly disclaims
all responsibility and endorsement and makes no representation as to the validity
of any opinion, advice, information or statement made or displayed in these forums
by third parties, nor are we responsible for any errors or omissions in such postings,
or for hyperlinks embedded in any messages. Under no circumstances will we, our
affiliates, suppliers or agents be liable for any loss or damage caused by your
reliance on information obtained through these forums. The opinions expressed in
these forums are solely the opinions of the participants, and do not reflect the
opinions of MATTHEWS CALORIE COUNTER or any of its subsidiaries or affiliates.
- You agree not to use any automated tools for registering and/or posting within our
bulletin board. By failing to obey this rule you would be granting us permission
to repeatedly query your web server.