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Lose It or Lose It

Terms of Use

Summary: Don’t be a jerk, and we won’t be a jerk!

Last Updated: October 1, 2009

Welcome to LoseItorLoseIt.com. Lose It or Lose It, LLC, a Pennsylvania limited liability company (“we,” “our” or “us”), owns and operates this web site and makes information, tools and services available through this web site subject to the following Terms of Use, which constitute a legally binding agreement (this “Agreement”). By accessing or using this web site and/or any of its pages, features, forums, widgets, buttons, web properties, tools or services (collectively, the “Web Site”), you indicate your acknowledgement and acceptance of all terms and provisions of this Agreement without limitation or qualification. You have our permission to use the Web Site if you are a resident of the United States (including any of its territorial possessions) or Canada of at least eighteen (18) years of age and comply fully with all of the terms and provisions presented in this Agreement. You also represent that you have the capacity to be bound by the Agreement. IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THE TERMS AND PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THE WEB SITE.

1. Terms of Use, Privacy Policy and How It Works Policy.

Your access and use of this Web Site are also subject to and governed by the current version of our Privacy Policy and How It Works policy, both of which are posted on the Web Site and are included in this Agreement. The How It Works policy explains, among other things, what Lose It or Lose It is, the features and purposes of the Web Site, how to create a weight loss plan for yourself and how this plan will be administered, how penalties may be deducted from your Lose It or Lose It investment, and our cancellation policy. By accessing and using the Web Site, you agree that you have read and understand, and agree to be bound by, the Privacy Policy and “How It Works” policy.

We may at any time, and at our sole discretion, update or change the Agreement without notice. Any changes to the Agreement will be effective immediately upon the posting of the updated Agreement on the Web Site. Therefore, please visit the “Terms of Use”, “Privacy Policy” and “How It Works” areas each time you visit the Web Site in order to familiarize yourself with the then current Agreement. Your access or use of the Web Site following the posting of the updated Agreement constitutes your agreement to be bound by, and to act in accordance with, the then current Agreement. However, if you have created and enrolled for a weight loss plan through the Web Site, your access and use of the Web Site for the 10 weeks of the plan will be governed by the Terms of Use, Privacy Policy and How It Works policy that you accepted at the time of your enrollment, and any changes to these documents will only apply to your access and use of the Web Site following completion or cancellation of the plan.

2. License to Use the Web Site

We are granting you a limited, personal, non-transferable license to use the Web Site. You are only allowed to access the Web Site for lawful purposes. Any action by you that we believe, in our sole discretion: (a) violates these Terms of Use, the Privacy Policy or the How It Works policy; (b) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use of the Web Site; or © through the use of the Web Site, abuses, defames, harasses or threatens another user of the Web Site, shall not be permitted.

You also may NOT:

  • use another’s account for the Web Site;
  • solicit for commercial purposes other users of the Web Site;
  • use the Web Site to distribute or post solicitations, promotional materials, spam, junk mail, chain letters, or pyramid schemes;
  • use metatags or any other “hidden text” utilizing any of our or any third party’s product names or trademarks;
  • distribute or upload viruses or any other code, programs or technologies that may harm the Web Site, or the interests, data or property of users of the Web Site; or
  • harvest or otherwise collect personal information about users, including e-mail addresses, without their consent.

While we encourage you to provide your friends with support and encouragement to achieve their weight loss goals, you should respect the feelings of members of the Lose It or Lose It community and keep it civil.

You further agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; or (b) bypass any measures we may use to prevent or restrict access to the Web Site.

We may suspend or terminate your right to access or use the Web Site, or any plan or account you have for the Web Site, at any time, without notice, if you violate any of these restrictions or if we believe, in our sole discretion, that your activities create unacceptable legal risk, violate the Agreement or are jeopardizing or interfering with other users’ rights or the technical operation of the Web Site. If we terminate your right to use the Web Site after you have created a weight loss plan and made an investment through the Web Site, we will refund the remaining balance on your investment to you within 30 days.

3. Penalties

A critical part of the service provided by Lose It or Lose It to help you lose weight is the deduction of certain amounts from your investment if you miss a weekly weigh-in or fail to meet the weight loss goals you have set for yourself. We call these deductions “penalties” to reinforce the motivational aspect of the service. They also compensate Lose It or Lose It for providing the Web Site and the tools and services available through the Web Site. However, they are not “penalties” or damages for breaching any agreement with us. Please read our How It Works policy for detailed information concerning the amounts of the penalties. YOU UNDERSTAND AND AGREE THAT LOSE IT OR LOSE IT’S “PENALTIES” ARE PART OF THE SERVICE BEING PROVIDED AND ARE REASONABLE COMPENSATION TO LOSE IT OR LOSE IT FOR PROVIDING THE WEB SITE AND THE TOOLS AND SERVICES ON THE WEB SITE.

4. Availability and Operation of the Web Site; Weigh-Ins; Errors in Deducting Penalties

Your access to or use of the Web Site may be interrupted at any time, for any duration of time and for any reason. We reserve the right to cancel, discontinue, suspend or interrupt availability of or access to the Web Site or any portion or feature of the Web Site at our sole discretion and without prior notice.

If you have used the Web Site to create a weight loss plan and make an investment, and you are unable to make a weigh-in due to a technical problem with the Web Site or the Web Site being down, you must report it immediately by contacting us at admin@loseitorloseit.com and try again in a little while. No penalties will be deducted from your investment if the Web Site or any tools or services on the Web Site necessary for a weigh-in are unavailable or inoperable due to a reported technical problem or outage unless we determine, in our sole discretion, that the Web Site and the relevant tools and services were available and operational for at least 12 hours during your 24-hour weigh-in window. All determinations by us are final and binding.

Additionally, if you have used the Web Site to create a weight loss plan and make an investment, and any portion or feature of the Web Site affecting your plan is discontinued or becomes unavailable or inoperable either permanently or for more than 4 weeks, we will cancel the plan upon e-mail notice to you and refund your investment to you within 30 days.

Weigh-in procedures, including timing requirements and how the success or failure of a weigh-in is determined, are explained in our How It Works policy. Lose It or Lose It reserves the right to determine, in our sole discretion, whether a weigh-in has occurred within the required time window and whether any photo submitted by you substantiates your asserted weight. All determinations by us are final and binding.

If you believe a penalty has been deducted from your investment in error, you must report it by contacting us at admin@loseitorloseit.com within 7 days of the time information about the penalty is first made available through the Web Site. If we determine in our sole discretion that an error has been made, we will reverse the penalty within 7 days. All determinations by us are final and binding.

THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY AND LOSE IT OR LOSE IT’S MAXIMUM LIABILITY FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE WEB SITE OR ANY OF THE TOOLS OR SERVICES THEREON, FOR DISPUTES RELATING TO WEIGH-INS, OR FOR ERRORS IN DEDUCTING PENALTIES.

5. No Responsibility for Health Effects; No Representations or Warranties; Limitation of Liability.

Lose It or Lose It does not provide, recommend or endorse any diet, nutritional, exercise or weight loss products, services or programs of any type, although from time to time we may post articles, user comments, advertisements, third-party links and/or other third-party content relating to weight loss. Lose It or Lose It is also not a health care provider. We provide only tools and services for you to create your own weight loss plan, track your progress, motivate yourself and hold yourself accountable. While we invite you to post your weight loss strategy on your Profile page, Lose It or Lose It does not review these strategies or express any opinions about them. Nor should you rely on any third-party comments, information or advice posted on the Web Site as a substitute for the advice of a competent physician. Should you choose to rely on any comments, information or advice you obtain on this Web Site, you agree that you do so entirely at your own risk.

You are strongly advised to consult with your physician before starting any diet, exercise or weight loss program. LOSE IT OR LOSE IT MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOU WILL LOSE WEIGHT BY USING THE WEB SITE OR THAT IT WILL BE USEFUL TO YOU OR MEET YOUR NEEDS. IN ADDITION, LOSE IT OR LOSE IT IS NOT RESPONSIBLE FOR ANY ADVERSE HEALTH EFFECTS, ILLNESSES OR INJURIES THAT MAY RESULT FROM YOUR ATTEMPTS TO LOSE WEIGHT WHILE USING OUR TOOLS AND SERVICES. Lose It or Lose It is not for everyone. Persons with eating disorders and others who may not benefit from weight loss should not use Lose It or Lose It. Accordingly, you hereby agree to indemnify, defend and hold harmless Lose It or Lose It, its affiliates, and their respective members, managers, principals, shareholders, directors, employees, agents and contractors from and against any and all claims, suits, actions, proceedings, demands, damages, losses, liabilities, penalties and expenses (including, without limitation, reasonable attorneys’ fees and court costs) in any way relating to or resulting from your use of the Web Site or your creation of a weight loss plan using the Web Site, including, without limitation, any claims or allegations of wrongful death, personal injury, emotional distress, negligence, or strict product liability.

We make no representation or warranty that the Web Site’s operation will meet the needs of the user. Nor do we make any representation or warranty that access to the Web Site or its content, including any content available for download, will be timely, free from viruses, worms, Trojan horses, Easter eggs, trap doors, back doors, time bombs, cancelbots or other harmful components, or free from interruptions, defects and errors, or that any interruptions, defects or errors will be corrected. You understand and agree that we are not and will not be responsible for any costs, losses or damages for services, repairs or corrections that may be necessary for your computer equipment or software, or for any loss, corruption, damage or improper access to data, as a result of viruses, worms, trojan horses, or other harmful components accessed via this Web Site or any other web pages or websites to which the Web Site is linked.

The Web Site contains our editorial content and proprietary features, as well as information and content provided to us by third parties. We make no warranties or representations about the accuracy, correctness, timeliness, usefulness or completeness of any of the content or information presented on the Web Site. The content, information, advertising materials and other materials on this Web Site may have omissions and may contain errors, including technical inaccuracies or typographical errors. We have no obligation to verify or maintain the currency of any content, information or materials presented on or through this Web Site. It is your sole responsibility to independently evaluate the accuracy, correctness and completeness of the content, information and all other material presented on this Web Site as well as its suitability for your purpose. THE WEB SITE, AND ALL CONTENT, INFORMATION AND MATERIALS AVAILABLE ON THE WEB SITE (INCLUDING ANY CONTENT, INFORMATION AND MATERIALS PROVIDED TO US BY THIRD PARTIES), ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COMPLETENESS, ACCURACY, UNINTERRUPTED OR ERROR-FREE OPERATION, AND FREEDOM FROM VIRUSES OR HARMFUL CODE. ALL REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED.

EXCEPT AS SPECIFICALLY DESCRIBED IN SECTION 4 ABOVE (“AVAILABILITY AND OPERATION OF THE WEB SITE; WEIGH-INS; ERRORS IN DEDUCTING PENALTIES”), (i) WE DO NOT ASSUME, AND HEREBY EXPRESSLY DISCLAIM, ANY LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AND THE CONTENT, INFORMATION, PRODUCTS, SERVICES AND MATERIALS PRESENTED, FEATURED OR OTHERWISE AVAILABLE ON THE WEB SITE; AND (ii) UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE MEMBERS, MANAGERS, PRINCIPALS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY INFORMATION PRESENTED ON THE WEB SITE, ANY COMMENTS, ACTS OR OMISSIONS OF OTHER USERS, OR ANY NEGLIGENCE, INFRINGEMENT, LOSS OF DATA, LOST BUSINESS OR LOST PROFIT) ARISING OUT OF YOUR OR ANY THIRD PARTY’S USE OR THE INABILITY TO USE THE WEB SITE OR THE CONTENT, INFORMATION, TOOLS, SERVICES OR MATERIALS PRESENTED, FEATURED OR OTHERWISE AVAILABLE ON THE WEB SITE, EVEN IF WE HAVE BEEN ADVISED OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS SHALL BE THE CASE REGARDLESS OF WHETHER THE ACTION IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS PROVIDED IN THIS AGREEMENT MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

6. User Content; Profile and Weigh-In Information Publicly Viewable.

“User Content” refers, collectively, to any and all materials, including but not limited to information, data, text, software, photos, graphics, music, sound, videos, messages, tags, interactive features, or any other materials posted to, uploaded to, submitted to or shared in any blog or other public forum or user content area on the Web Site or anything e-mailed to us. User Content includes, without limitation, all weigh-in information, photos, weight loss strategies and comments submitted by you or your accountability friends. User Content is subject to the following terms.

You own and are solely responsible for any User Content you post, upload, submit, share or e-mail to the Web Site. We do not approve or endorse any statements provided in User Content, and we do not control the quality of User Content. We do not have any responsibility for the availability, accuracy, correctness, completeness, reliability or timeliness of User Content, and we may choose to post, refuse to post, delete, remove or modify User Content at our sole discretion, without prior notice.

By providing User Content through any means, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully-paid, transferable and sub-licensable right and license to use, copy, reproduce, display, publicly perform, edit, modify, adapt, publish, broadcast and distribute the User Content in any form, in all media, anywhere in the world for any purpose, including for advertising or promotional purposes.

Without limiting the foregoing, you understand and agree that information you submit for your Profile page (such as weight loss strategy and comments), your weigh-in photos, event information (such as the success or failure of your weekly weigh-ins), the amount of your investment and penalties deducted, the names or avatars of your accountability friends, and all other information relating to your weight loss plan and progress will be publicly viewable on the Web Site. All such information and content will be treated as non-confidential and non-proprietary, and we or any other person may use and disclose, without restriction, any ideas, concepts, techniques or processes contained therein. In addition, persons interested in your progress will be able to subscribe to receive your event information by RSS feed. Accordingly, do NOT submit any weight, health or other information or any photos that you consider private, confidential, proprietary or embarrassing.

By submitting User Content, you represent and warrant to us that you either own all rights in, to and relating to such User Content or have the right and ability to grant the licenses in such User Content described above. You may not submit any User Content where the foregoing representation and warranty is not true, i.e., where the approval of or payment of compensation to another party may be required for the User Content to be reproduced, distributed, displayed, publicly performed, edited, modified or otherwise used by us. This includes, without limitation, any User Content which is or contains the copyrighted material, trademarks, service marks or other intellectual property of another party, or which features an image or likeness of a person from whom you have not obtained the necessary permission in writing. You represent and warrant to us that any User Content you submit does not and will not violate or infringe any copyright, trademark, publicity or privacy right, trade secret right or any other right of a third party. You may not manipulate anything on the Web Site to hide or disguise in any way the origin of any User Content nor may you impersonate another person, company or organization of any kind. You may not submit User Content that contains lies or misrepresentations of any kind or that is illegal, obscene, defamatory, libelous, threatening, abusive, harassing, pornographic, offensive racially or ethnically, discriminatory, indecent, or that encourages illegal activity of any kind. You may not upload, launch, post, e-mail or transmit any material that may contain viruses, worms, Trojan horses, Easter eggs, trap doors, back doors, time bombs, cancelbots or other harmful components or any kind. You may not submit User Content that disparages us, the Web Site, or our members, managers, employees, consultants, agents, users, customers, partners, vendors, or affiliates.

When participating in any Web Site forums, you agree that any User Content you provide must be relevant to the forum.

You understand and agree that we retain the sole right to remove, modify, edit or otherwise change any User Content, and any User Content may be subject to our approval before it is actually posted.

Any problems or concerns about User Content must be immediately reported to us at admin@loseitorloseit.com.

7. Third Party Links and Third Party Products.

The Web Site may contain links to third-party sites that may include, but are not limited to advertisers and other third parties. The presence of such links does not constitute an endorsement, recommendation, authorization, sponsorship or warranty, express or implied, by us of the content, products, services, opinions, advertisements, advice or other information provided by these third parties. We do not author, control, monitor or edit these linked web pages or web sites. We do not have any responsibility for the availability, accuracy, correctness, completeness, reliability, timeliness or suitability of the content, product offerings, advertising, opinions, advice or other information provided on third-party web pages or web sites. It is your sole responsibility to independently evaluate the accuracy, correctness, completeness, reliability, timeliness and suitability of the content, information and all other material presented on any web pages or web sites which you access via links on the Web Site. If you decide to purchase a product or service or use the information, advice or guidance provided on a third-party web site, you do so at your own risk.

We also make no warranty that links to third-party web pages or web sites will meet the needs of the user or that the content on linked web pages or web sites, including content available for download, will be timely, free from viruses, worms, Trojan horses, Easter eggs, trap doors, back doors, time bombs, cancelbots or other harmful components, or free from defects and errors or that any defects or errors will be corrected. ANY USE OF THIRD-PARTY WEB SITES AND WEB PAGES IS ENTIRELY AT YOUR OWN RISK.

In addition, any linked web sites or web pages may have privacy and security practices that very different from ours. We have no responsibility for or control over such privacy or security practices or any third-party web site’s collection, storage, use or disclosure of information from you. You agree that you have read and are responsible for abiding by the privacy policies, use or service agreements or terms of use, and any other policies of any linked web pages and web sites.

8. Policy on Linking to LoseItorLoseIt.com.

We grant you the non-exclusive right to create a hypertext link to the home page of the Web Site, www.LoseItorLoseIt.com and/or to your Profile page on the Web Site. You understand that this right may be revoked at any time for any reason upon notice to you. By exercising this right, you agree to the following:

The web site from which you are linking to LoseItorLoseIt.com may not contain content that would violate any law or would likely be considered to be obscene, defamatory, libelous, threatening, abusive, harassing, pornographic, offensive racially or ethnically, discriminatory, or to encourage illegal activity of any kind.

You will not state or imply that you or any web site on which you place a link to LoseItorLoseIt.com, or any of its pages, are endorsed by, sponsored by or affiliated or associated with LoseItorLoseIt.com or Lose It or Lose It, LLC. Nor may you make any representations or warranties, express or implied, with respect to the Web Site, or any statements that are inconsistent with this Agreement.

You will not change, modify or replicate the appearance or content of the Web Site.

You will not use any framing technique to enclose the trademarks, logos, images, text, layout or design of the Web Site, or any other intellectual property contained in the Web Site, without our prior written consent.

9. Trademarks and Copyrights (Intellectual Property Ownership)

All material, including but not limited to information, data, text, software, photos, graphics, music, sound, videos, messages, tags, interactive features, or any other material contained in or appearing on the Web Site (collectively, “Content”), with the exception of User Content, certain images and article content licensed from third parties as well as third-party names, marks, logos, symbols and product names used on the Web Site, is owned by and is the copyrighted material of Lose It or Lose It, LLC. All Content is protected by applicable copyright, trademark and other intellectual property laws. Lose It or Lose It, LoseItorLoseIt.com and the Lose It or Lose It logo are service marks owned by Lose It or Lose It, LLC, and all goodwill arising from any use thereof shall inure to our sole benefit. All other company names, marks, logos, symbols and product names on the Web Site are the trademarks, service marks or other intellectual property of their respective owners. Nothing on the Web Site is intended to convey or suggest any association or affiliation with, or sponsorship or endorsement of us or the Web Site by, any such owners.

Except as specifically permitted in Section 2 (“License to Use the Web Site”) and Section 8 (“Policy on Linking to LoseItorLoseIt.com”) above, you may not copy, reproduce, modify, create derivative works from, distribute, or publicly display any Content (other than User Content you have submitted to us) without our prior express written permission.

10. Copyright Policy

We respect the rights of all copyright holders, and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of Web Site users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LoseItorLoseIt.com’s Copyright Agent the following information required by the infringement liability limitation provisions of the Digital Millennium Copyright Act, 17 U.S.C. §512 (please see 17 U.S.C §512©(3) for further detail, or consult your legal counsel to confirm these requirements):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or
  4. access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Web Site;
  5. Your address, telephone number and e-mail address;
  6. A written statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

For copyright inquiries under the Digital Millennium Copyright Act please contact:

LoseItorLoseIt Copyright Agent
134 Wellington Terrace
Lansdale, PA 19446
Email: copyrightagent@loseitorloseit.com

11. Indemnification

You agree to indemnify, defend and hold harmless us, our affiliates and each of our respective members, managers, principals, officers, shareholders, directors, employees, agents, contractors, business partners and service providers from and against all claims, suits, actions, losses, expenses, damages, penalties and costs, including reasonable attorneys’ fees, in any way relating to or resulting from any (1) actual or alleged violation of this Agreement, (2) use of the Web Site by you or any person using your password, (3) your actual or alleged failure to comply with any applicable legal or regulatory requirements, or (4) any damages, injuries, losses, claims or causes of action which may arise from any User Content provided by you.

12. Reservation of Rights

Any rights not expressly granted in this Agreement are reserved by us. We reserve the right to seek all remedies available by law and equity for any violation of this Agreement or our other rights under applicable law. We also reserve the right to notify and cooperate with appropriate law enforcement authorities in connection with investigating or prosecuting any suspected criminal acts.

13. Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable. Only that portion that is found to be unlawful, void or unenforceable will be removed from this Agreement.

No failure on our part to enforce strict performance of any part of this Agreement will constitute a waiver of any provision of, or any of our rights, under this Agreement.

Except as specifically described in Section 4 above (“Availability and Operation of the Web Site; Weigh-Ins; Errors in Deducting Penalties”), we shall not be responsible for any errors, failure to perform or delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law, acts or failures of third-party service providers, or any other similar conditions beyond our reasonable control. You agree that no joint venture, partnership, employment or agency relationship exists between you and us or any of our affiliates as a result of this Agreement or your use of the Web Site. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.

All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on the Web Site or sending an e-mail to you at any e-mail address furnished by you. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to: Lose It or Lose It, LLC, 134 Wellington Terrace, Lansdale, PA 19446, with a copy (which shall not constitute notice) to Andrew M. Baer, Esquire, 325 Chestnut Street, Suite 403, Philadelphia, PA 19106. All notices regarding copyright issues shall be sent in accordance with our Copyright Policy as described above.

Except with respect to that body of law relating to conflicts of law, the laws of the United States of America and the Commonwealth of Pennsylvania shall govern this Agreement. The parties agree to submit to jurisdiction and venue in the Commonwealth of Pennsylvania, County of Montgomery, and in the U.S. district courts located therein. This Agreement (including the How It Works policy and Privacy Policy as posted on the Web Site) constitutes the complete agreement between you and us and supersedes all previous communications and representations or agreements, either oral or written, with respect to the subject matter hereof. The indemnification, intellectual property ownership, limitation of liability, disclaimer of warranties, miscellaneous and such other provisions that, by their terms, should survive any termination or expiration of this Agreement, shall survive any termination or expiration of this Agreement. The headings and titles in this Agreement are for convenience only and shall not have any legal or contractual effect.

If you have any concerns, questions or feedback regarding this Agreement, please send them via e-mail to: admin@loseitorloseit.com.