Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.  You are entering into a legal contract with the owner of this web site, Arclength LLC d/b/a Achieve-Life.

I. GENERAL PROVISIONS:
1.1
By using this site, you agree to be bound by these Terms and Conditions [and the privacy policy ] . If you do not agree, then you are not permitted to use this site.  We may revise and update these Terms and Conditions [and the privacy policy] at any time, and although we may attempt to notify you when major changes are made, it is your responsibility to review periodically the most up-to-date version of these Terms and Conditions [and the privacy policy].  Your continued use of this website means you agree to be bound by any revised or updated Terms and Conditions as soon as they are posted.  Nothing herein grants anyone any third-party rights or benefits.
1.2
Although the content of this site is authored in whole or in part by board certified physicians with experience in health and wellness, it is not a substitute for in-person medical care.  Always seek the advice of your physician with any questions you may have regarding a possible medical condition or before starting a new diet or exercise regimen.  Never disregard medical advice or delay seeking it regardless of what you read on this site.  If you think you have a medical emergency, call your doctor or 911 immediately.
1.3
By using this site, you represent to us that you are at least 18 year of age or, if you are under 18 years of age, you have binding legal parental or guardian consent to use this site and will be legally bound by these terms and conditions.  If you are under 13 years of age, you may not use this site under any circumstances.

II. PERMISSIONS AND RESTRICTIONS
2.1
Use Limitations:  Information on this site may be protected by trademark, copyright and other laws for the protection of intellectual property.  Except as otherwise explicitly agreed in writing, all content you receive through this site may be displayed or printed, solely by means of your home computer and for your personal non-commercial use only.  Any other reproduction or re-transmission is strictly prohibited.
2.2
Prohibition against impairing web site:  You agree that you will not attempt to use any automated system or program that would access this site more frequently than a human operator using a conventional browser or intentionally do anything that could disable or impair this site.
2.3
Spam and other Abusive Practices:   You agree not to send Spam or cause Spam to be delivered to Achieve-Life or any of its customers.  You agree not to send to or through this web site any e-mail containing invalid headers, invalid domain names, hidden information, deceptive addressing, or false or misleading information.

III. RULES FOR PUBLIC AREAS
3.1
Third-Party information:  The public areas of this site may include content and links posted by third parties.  We have no control over, and we assume no responsibility for the content or links posted by others.  You expressly release us from any and all liability arising from your use of any third-party information.
3.2
Content That You Post:  You agree that by posting any content to this site, you represent and warrant to us that you have all rights necessary to post the content, and you grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferrable and sub-licensable license to display, reproduce, edit, alter or otherwise use the content, including any copyrights thereto.  You also agree to waive any copyright “droite morale” (rights of integrity) or other analogous rights to the content.  You agree the content you post will not violate any local, state, national, or international law, and the content you post will not be obscene, hateful, slanderous, threatening, harassing or in violation of the Forum Rules.
3.3
Advertising:  You agree that you will not post any advertisements of any kind and you will not post any links, messages or other content intended to divert business to any other person or entity, including those in actual or potential competition with us.  You also agree not to provide any deep links to this site.  If you link to this site, you must link to the home page so that others will know the source of the content.
3.4
Copyright Infringement:  We claim the safe harbor protections of § 512 of the federal copyright act for all content posted to the public areas of this site.  Our designated copyright agent to receive notifications of alleged copyright infringement is [Name and address of person and email address]

IV. ADDITIONAL RULES FOR PRIVATE AREAS
4.1
User Account Information:  In order to use some of the features of this site, it will be necessary for you to create an account.  You agree that if you create an account, you will provide complete and accurate information and you agree to update your information within 7 days after any change.  You may never use another’s account without our permission.  It is your responsibility to keep your password information secure.  If you believe your account has been compromised, you must notify us immediately so the account can be disabled and a new account created.  We are not responsible for any loss arising out of your failure to maintain password confidentiality.

V. ADDITIONAL CONTRACTUAL PROVISIONS:
5.1
Severability:  If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, you agree that the invalidity of that provision will not affect the validity of the other provisions of this Agreement.
5.2
Indulgences:  Delay or failure by us to exercise any right or remedy accruing as a result of your breach of these Terms and Conditions will not impair our rights or remedies, nor will it be construed as a waiver of any breach.  If we do waive one breach, that does not mean we waive any other breaches occurring either before or after the one we waive.
5.3
NO WARRANTIES:  Access to this site is provided strictly on an “AS IS” basis.  ACHIEVE-LIFE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
5.4
Limitation on Damages:  You agree that under no circumstances will we be liable to you for any incidental, consequential, punitive or other special damages whatsoever resulting from any (i) inaccuracies in content; (ii) personal injury resulting from your access to information posted in the public area of this site; (iii) any unauthorized access to personal information stored by us; (iv) any interruption of service; or (v) any virus or other malware transmitted by any third party via this web site.
5.5
Indemnification:  You agree to defend, indemnify and hold harmless Arclength LLC (owner of this site), its members, employees and agents from and against any and all losses, damages or expenses in whatever form or nature, including attorneys’ fees and other costs of legal defense, arising out of (i) your use of this web site; (ii) your violation of any provision of these Terms and Conditions; or (iii) your violation or claimed violation of the rights of any third party, including but not limited to copyright, invasion of privacy, or other privacy rights.
5.6
Governing Law and Jurisdiction:  You agree that these Terms and Conditions are governed the law of the State of Arizona, without resort to any conflict-of-law provisions to the contrary.  You agree to submit to the jurisdiction and venue of the State of Arizona for any actions or proceedings arising under or in connection with these Terms and Conditions and you agree that the sole and exclusive forum for all disputes under, or arising out of, these Terms and Conditions or relating to your use of the web site shall be either (i) the Superior Court of the State of Arizona, in and for the County of Maricopa, or (ii) the United States District Court for the District of Arizona. 
5.7
Survival:  The provisions of this section 5 will survive any termination of your use of the web site or these Terms and Conditions.
5.8
Termination:  We reserve the right to terminate your account and access to the Site for any reason in our sole and absolute discretion including but not limited to by reason of your violation of these terms and conditions.
5.9
Complete Agreement: This writing sets forth the entire understanding between the parties with respect to the subject matter hereof.  No modification, amendment, waiver, termination or discharge of this EULA is binding on Achieve-Life unless confirmed by written instrument signed by the Managing Member of Arclength LLC.