Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.

Welcome to www.Doesitfit.co and www.Doesitfitlifestyle.com (the “Websites”. If You use our Websites, you agree to these Terms and Conditions of Use ("Terms & Conditions") and to comply with and be bound by all of the following terms and conditions, which together with this Website’s Privacy Policy which govern Does IT Fit, LLC (“Does IT Fit, LLC” or “LLC”) and any other to be formed subsidiaries (also together referred to as “Company “or “Companies”) and You in relationship to these websites.

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 our Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not You have reviewed them.

By accessing, browsing, using or continuing to use this Website, you represent and warrant that you understand, agree to, and accept, without limitation or qualification, these Terms of Use and all terms and conditions contained herein. If You disagree with any part of these terms and conditions, you may not access or use this Website.

1. Scope of Terms & Conditions

Unless we indicate otherwise, these Terms & Conditions apply to your use of the websites which are owned or operated by Does IT Fit, LLC or www.doesitfit.co/www.doesitfitlifestlye.com or any of our affiliates (collectively, "we," "us," or "our"), including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, our "Website"). For purposes of these Terms & Conditions, "affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with Does IT Fit, LLC or www.doesitfit.co/www.doesitfitlifestlye.com.

2. Changes to Terms of Use:

Companies reserve the right to modify, suspend, or discontinue any portion of the Website and any information contained therein, or otherwise disable your access to all or a portion of the Website, at any time, with or without notice. Companies reserve the right, from time to time, with or without notice to You, to change these Terms of Use at Companies’ sole and absolute discretion.

 

3. Terms & Conditions - In General

By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if You had signed this Agreement. If You do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). In our sole discretion, without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice. If You do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website. Further, you agree that we shall not be liable to You or any third-party for any termination or cancellation of your access to, or use of, our Websites.

From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions. Your continued use of this Website or Company’s Services after any such modifications have been posted shall be deemed to be your acceptance of any modifications to the Terms of Use.

 

4. Restrictions on Use of Materials

Unless otherwise specified, we grant You a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, noncommercial use, provided that You comply fully with the provisions of these Terms & Conditions. You acknowledge that this Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.

All trademarks appearing on this Website are trademarks of their respective owners. Does It Fit tm is the trademark of Does IT Fit, LLC. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless You receive our prior written consent.

 

5. Website Use:

Companies’ Websites may contain email services, bulletin board services, chat areas, news groups, blogs, forums, communities, photo galleries, video recordings, audio recordings and/or other online message or communication tools that are designed to enable You to communicate with others (collectively, "Web Services"). However, Companies reserve the right to review content posted to the Website and to remove any content at Companies’ sole discretion. Companies reserve the right to terminate Your access to any or all of the Web Services at any time, without notice, for any reason whatsoever.

Companies reserve the right at all times to disclose any information as Companies deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or content, in whole or in part, at Companies’ sole discretion.

 

6. Eligibility

Companies’ Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Companies’ Services are not available to minors under the age of eighteen (18) (unless registered by a parent or legal guardian or adult over the age of 18). You hereby authorize the Companies to verify your representations and warranties herein, and You acknowledge the Companies reserve the right, but not the obligation, to verify such representations and warranties.

 

7. Privacy

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.

 

8. Community Standards and Conduct Guidelines

You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website (as described below), You understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.

Except as may otherwise be provided in our all Community Area communications, including, but not limited to, chat, message board, blog, groups, and profile communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Website (including any Community Area) for adherence to the community standards and conduct guidelines set forth above or for any other purpose.

 

9. Other Restrictions on Your Use of Companies’ Website

While using Companies’ Website You agree not to:

  • Access, or attempt to access, areas or features of Companies’ Website for which You do not have the proper authorization;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
  • Link one Company Website to another without consent of the Author of that Company Website;
  • Restrict or inhibit any other visitor from using the Website, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Website;
  • Use the Website for any unlawful purpose;
  • Express or imply that any statements You make are endorsed by the Companies, without Companies’ prior written consent;
  • Transmit (a) any content, language, imagery, or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on Companies’ or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Engage in spamming or flooding;
  • Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;
  • Remove any copyright, trademark, or other proprietary rights notices contained in the Website;
  • "Frame" or "mirror" any part of the Website without Companies’ prior written authorization;
  • Use any robot, spider, Website search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
  • Harvest or collect information about Website visitors or members without their express consent;
  • Create more than one profile without Companies’ express written consent;
  • Permit anyone else whose account or subscription was terminated, or who is not a Companies’ paid or trial subscriber, to use the Website through your subscription, username or password;
  • Engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes without the prior written permission from the Companies;

You may not use Companies’ Services:

  • In a manner that violates any national, state, local or international law, rule or regulation;
  • For criminal or illegal activity or to provide instructional information about illegal activities;
  • In a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support Companies’ Services;
  • In a manner that Companies determine, in Companies’ sole discretion, restricts or inhibits any other user from using or enjoying Companies’ Services.

 

10. Limitations on Use

You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Website without Companies’ express written consent. Companies do not promote, foster or condone the copying of copyrighted material or any other infringing activity. Any unauthorized use of the Website or its contents will terminate the limited license granted by Companies.

NOTWITHSTANDING THE FOREGOING, COMPANIES DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE WEBSITE. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD COMPANIES HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THIS WEBSITE.

 

11. Release

Companies will not be held responsible and expressly disclaim any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Website. By using this Website or the Services, you do hereby represent, understand, and expressly agree to hold Companies harmless for any claim or controversy that may arise from any disputes between You or the Companies. By using this Website, You do hereby agree to report any alleged improprieties of any users therein to Companies immediately by notifying Companies of the same via electronic correspondence.

Companies make no warranty or representations that: (a) the Website will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the website will be accurate or reliable; (c) the quality of any products, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the Website will be corrected.

 

12. Links to External Sites Links

Companies will not be held responsible and expressly disclaim any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Website. By using this Website or the Services, you do hereby represent, understand, and expressly agree to hold Companies harmless for any claim or controversy that may arise from any disputes between You or the Companies. By using this Website, You do hereby agree to report any alleged improprieties of any users therein to Companies immediately by notifying Companies of the same via electronic correspondence.Any links from the Website to external sites (including external sites that are framed by Companies or inclusion of advertisements) do not constitute an endorsement by Companies of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience.

Any links from the Website to external sites (including external sites that are framed by Companies or inclusion of advertisements) do not constitute an endorsement by Companies of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience.

 

13. Copyright and Trademark Notice:

All content on Companies’ Website is protected by copyright. You may only use the information, text or graphics contained in this Website for your personal use and may not reproduce, adapt or publish it, in whole or in part, for any purpose without the express written consent of the Companies.

 

14. Intellectual Property Rights:

Except as expressly authorized by Companies or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means.

"Companies’ Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Companies use in connection with Companies’ products and services. You may not remove or alter any Companies’ Trademarks, or co-brand your own products or material with Companies’ Trademarks, without the Companies written consent. You acknowledge the Companies’ rights in Companies’ Trademarks and agree that any use of Companies’ Trademarks by You shall inure to the Companies’ sole benefit. You agree not to incorporate any of the Companies’ Trademarks into your trademarks, service marks, Companies’ names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Companies on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this document.

Companies hereby grant You a limited license to access and use Companies’ Website to which You have properly gained access, and to download and print copies of any Content to which You have properly gained access, but only for your own personal, non–commercial use, and only if You do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content. The foregoing license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content, in whole or in part, by any means, except as expressly set forth in these Terms of Use, unless You first obtain Companies’ written permission. This license and these restrictions do not apply to your own Submission.

COMPANIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE AND COMPANIES NEITHER ADOPT NOR ENDORSE NOR ARE COMPANIES RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN THE COMPANIES. UNDER NO CIRCUMSTANCES ARE THE COMPANIES RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THIS WEBSITE OR TRANSMITTED TO MEMBERS.

 

15. Password and User Security

If You are a registered user of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities that occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to You.

 

16. Relationship with Megan Waite,

www.doesitfit.co/www.doesitfitlifestyle.com is an affiliate of Does IT Fit, LLC, and is authorized to use under license the Does It Fit tm brand and intellectual property on the Internet. Does It Fit tm is the trade name and the registered trademark and service mark of Does IT Fit, LLC as are certain other trademarks and service marks used by Does IT Fit, LLC on this Website under Does IT Fit, LLC’ s control.

 

17. Health Disclaimer

This Website provides weight loss management and information applications and content published over the Internet and is intended only to assist users in their personal weight loss efforts. Megan Waite.com is not a medical organization and our staff cannot give You medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.

You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.

If you are being treated for an illness, taking prescription medication, or following a therapeutic diet to treat a disease, it's especially important to show the Does It Fit tm weight loss plan to your physician. Any modifications made to the plan by your physician should be followed.

 

18. Disclaimer 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 MEGAN WAITE, LLC, 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 MEGAN WAITE, LLC, 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.

COMPANIES DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED. COMPANIES DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. COMPANIES RESERVE THE RIGHT, AT ANY TIME AND IN COMPANIES’ SOLE DISCRETION, TO MODIFY OR CHANGE THE WEBSITE OFFERING. COMPANIES PROVIDE NO GUARANTEE OF ANY KIND THAT THE WEBSITE, CODE, LAYOUT, DESIGN, SEARCH ALGORITHMS, SEARCH RESULTS, FUNCTIONALITY, OR ANY OTHER ITEM RELATED TO THE WEBSITE WILL NOT MATERIALLY CHANGE DURING THE COURSE OF THE TERM OF YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED THEREIN.

 

19. Disclaimer of Warranty; Limitations

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANIES OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE WEBSITE, THE WEB SERVICES, THE SERVICES OR ANY PORTION THEREOF, EVEN IF COMPANIES OR COMPANIES’ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU USE OF THE WEBSITE, THE WEB SERVICES, THE SERVICES OR ANY PORTION THEREOF YOU ASSUME ANY AND ALL COSTS ASSOCIATE WITH SUCH USE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER COMPANIES, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE CONTENT, THE WEBSITE, THE WEB SERVICES, OR SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD THE COMPANIES OR COMPANIES’ EMPLOYEES, AGENTS LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE WEBSITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANIES’ CONTENT, THE SERVICES OR ANY PORTION THEREOF.

UNDER NO CIRCUMSTANCES ARE THE COMPANIES, THEIR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS LIABLE FOR ANY INCIDENTIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF BUSINESS. THIS SECTION SHALL ALSO SURVIVE THE TERMINATION OF THIS AGREEMENT.

SECTION 22: Limitation of Liability

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANIES, THEIR SPONSORS, LICENSORS, AND SERVICE PROVIDERS, AND THE COMPANIES’ RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMPANIES WEBSITE OR SERVICES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMPANIES’ WEBSITE AND SERVICES.

 

20. Indemnification

You agree to indemnify, hold harmless and, at our option, defend Megan Waite, LLC 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 attorney’s 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.

You consent to cooperate with any and all claims as the Companies and their Affiliates, at your expense, reserve the right to assume exclusive defense and control of any matter in which you are required to indemnify Companies. Companies will make reasonable efforts to make you aware of any claim, action, or proceeding. You may not settle any matter without written consent of the Companies.

 

21. Governing Law and Choice of Forum

These Terms of Use and the relationship between You and Companies shall be governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the State of Vermont U.S.A., excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction.

ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SERVICES OR THESE TERMS OF USE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN CHITTENDEN COUNTY, VERMONT, U.S.A. YOU AND COMPANIES IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS.

You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the state or country in which You reside should determine that the provisions of this paragraph are not enforceable, then You agree to submit to binding arbitration.

 

22. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Companies’ Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

23. Miscellaneous Terms

In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms & Conditions are the entire agreement between You and us relating to the subject matter herein. These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by written agreement of both parties. Each time You access this Website, you will be deemed to have accepted any such changes.

We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees.

The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

 

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