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SCOPE

Unless we indicate otherwise, these Terms & Conditions apply to your use of the website which is owned and operated by Liquid Success LLC ("liquidsuccess.com") and its 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, liquidsuccess.com, and it's subsidiaries.

 

GENERAL TERMS & CONDITIONS

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 and 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 Website. 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.


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 and our Liquid Success communities (including but not limited to Whats App and Marco Polo Groups created by Liquid Success LLC) which can be accessed online or through the Marco Polo and WhatsApp mobile applications, as applicable (collectively the “Mobile App Community”) You acknowledge that this Website and the Mobile App Community contains information, text, graphics, questions, creative suggestions, messages, comments, feedback, ideas, notes 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 Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. Liquid Success is the trade name and the trademark and service mark of Liquid Success 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 and the Mobile App Community. 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 or mobile device, 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, digital form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

 

BECOMING A REGISTERED USER

There is no cost to become a registered user of our Website. You do not have to become a registered user to use this Website. However, if you do not register, you may be excluded from using certain products, offerings, features, or resources of our Website. You must register in accordance with instructions that you will find in your onboarding materials to participate in, and to contribute to the Community (as defined below) . If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself ("Registered User Data"), and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.


PRIVACY POLICY

Last modified March 2021

This Privacy Policy governs our Website and our Digital Products, and explains how we collect your personal information on our Website or through the Digital Products, how we protect such information, and the choices you have concerning the use of such information. Your privacy and the security of your personally identifiable information are very important to us. We want you to be as comfortable as possible visiting our Website and using our Digital Products. We are dedicated to protecting the privacy of those who visit our Website and use our Digital Products. Please read this Privacy Policy carefully. Except as liquidsuccess.com and Liquid Success LLC. (collectively, "we", "us", or "our") disclose in this Privacy Policy, we will not sell, share, license, trade, or rent your personally identifiable information to others. We may amend this Privacy Policy from time to time. We will post any changes to this Privacy Policy here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this Privacy Policy on a regular basis. By using our Website or any of our products, offerings, features, tools or resources that we provide on our Website (collectively, our "Digital Products"), including our products or offerings for other handheld or mobile devices, you agree to the terms of this Privacy Policy.

Please remember that this Privacy Policy applies only to information collected by our Website or through our Digital Products. We are not responsible for the privacy of any information you reveal or post in any public forum (e.g., message board, blog, personal page, social media, etc.) or through the "Public Profile" feature available on our Website, or for the privacy practices of websites that are operated or owned by third parties.

 

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”) to or on our Liquid Success communities (including but not limited to Whats App and Marco Polo Groups created by Liquid Success LLC) which can be accessed online or through the Marco Polo and WhatsApp mobile applications, as applicable (collectively the “Mobile App Community”) (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to the Community. We do not control the Postings posted, emailed or otherwise transmitted online or via mobile applications 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 the Community (as described below), you understand that by using this Website, WhatsApp thread or a Marco Polo group created by Liquid Success LLC, 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 or our affiliates), 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, Whats App thread or Marco Polo group created by Liquid Success LLC.

You agree not to use this Website, Whats App thread, Marco Polo group created by Liquid Success LLC or the Mobile App Community to:

  • Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);

  • Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;

  • Impersonate any person or entity, including, but not limited to any user of this Website, Whats App or Marco Polo group created by Liquid Success, a director, officer, employee, shareholder, agent or representative of liquidsuccess.com, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with liquidsuccess.com, or our affiliates or any other person or entity;

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website or the Mobile App Community;

  • Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party. Copyrighted information may include content from another website, the mobile app community or our member-only areas, activities and exclusive details about our consumption plan;

  • Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation;

  • Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user's experience of this Website or Mobile App Community;

  • Interfere with or disrupt the Mobile App Community or this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;

  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;

  • "Stalk" or otherwise harass another user or employee of the Mobile App Community or this Website; or

  • Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Mobile App Community or Website, including user names or passwords; or access or attempt to access another user's account without his or her consent;

Your privilege to use and/or access the Website (including the Mobile App Community and contribute to discussions in the Mobile App Community depends on your compliance with standards conduct guidelines set forth above. We may revoke your privileges to use and/or access all or a portion of the Website or the Mobile App Community and/or take any other appropriate measures to enforce these standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to the standards and conduct guidelines, or any part of these Terms, we may terminate, in our sole discretion, your use of, or participation in the Website or the Mobile App Community. We reserve the right to monitor some, all, or no areas of this Website (including the Mobile AppCommunity) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Mobile App Community, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in the Mobile App Community nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior to the Content's posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our Website or the Mobile App Community, and we are not liable for any loss you incur in the event that Content you post or transmit to our Website or the Mobile App Community is removed.

 

SUBMISSIONS

If, at our request or on your own, you send, email, post or otherwise transmit to us, the Mobile App Community or this Website any Content, (collectively, the "Submissions"), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name, voice or image) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce any Submission that you have made available in the Mobile App Community for personal use. Subject to the foregoing, the owner of a Submission placed on this Website retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

 

HEALTH DISCLAIMER

This Website provides weight loss and weight management information and applications, fitness information and activities and mindset information and activities together with content published over the Internet and the Mobile App Community and is intended only to assist users in their personal wellness journeys. Liquid Success LLC and its affiliates are not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website or the Mobile App Community 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 or undertaking any fitness activities or exercise routines. This Website and the Mobile App Community 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 regimen, fitness activities or exercise routines. You agree that Liquid Success LLC and its affiliates shall not be liable for any damages arising from personal injuries (including death) sustained as a result of your participation in any Liquid Success fitness activities offered through the Website or the Mobile App Community.


 

(last modified in March 2021)

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