Terms of Use

This is a legal agreement (the “Agreement”) between you (“you” and “your”) and Tess Masters, Inc. o/b/o and p/k/a Skinny60™ (“Skinny60,” “we,” and “us”) governing your use of Skinny60™ Website and any related Services.  The services offered by Skinny60™ through and in conjunction with Skinny60™ Website are hereinafter referred to as “Services.” Skinny60™ reserves the right, at any time and without justification, to change, suspend or discontinue at any time any of the services it offers.

 

Your Acceptance

By using and/or visiting this Website (collectively, including all content and functionality available through the www.skinny60.com domain name, referred to herein as the “Website”) and/or accepting any Services, you signify your agreement to these Terms of Use, and Skinny60™’s privacy policy, found at skinny60.com/privacy-policy and incorporated here by reference (the “Privacy Policy”).

 

If you do not agree to any of these Terms of Use and/or Skinny60™ Privacy Policy, you must discontinue use of the Website immediately.

 

Although we may attempt to notify you when major changes are made, Skinny60™ (including its owners, shareholders, LLC members, officers, directors, operators, employees, contractors, affiliates, subsidiaries, assigns, representatives, agents, sponsors, and/or licensors) may, in its sole and absolute discretion, amend these Terms of Use and the Privacy Policy. It is your sole responsibility to periodically review the most up-to-date version of Skinny60™’s Terms of Use and Privacy Policy. You agree to be bound by future amendments and modifications to Skinny60™’s Terms of Use and/or Privacy Policy. If, at any time, either the Terms of Use and/or the Privacy Policy become objectionable to you, and you no longer agree thereto, you shall immediately cease use of the Website.

 

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

 

Skinny60™ Website

These Terms of Use apply to all users of the Website:

  1. The content on the Website is provided for informational and entertainment purposes only.  Such content may change without prior notice and Skinny60™ does not guarantee that the information contained on the Website is the most current and accurate information available. Research developments may render some information inaccurate, and Skinny60™ assumes no liability for any damage or loss relating to the accuracy of any information contained on this site or in any linked materials.
  2. Tess Masters is not a qualified health care professional. The information contained on this Website is her opinion based on research and personal experience unless otherwise stated, and should not be substituted for qualified medical advice. Health-related information is in no way intended to diagnose, prevent, treat or cure any medical or other condition. Always seek the opinion of a qualified medical practitioner or other health care provider for an individual consultation before making any significant changes to your diet and lifestyle and/or or to answer questions about specific medical conditions.
  3. The Website contains comments (including posts and page comments) from third parties who are not owned or controlled by Skinny60™. Skinny60™ does not endorse the content or views expressed by any third parties unless otherwise expressly stated.
  4. The Website contains links to third-party websites that are not owned or controlled by Skinny60™. Skinny60™ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third party websites. In addition, Skinny60™ will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Skinny60™ from any and all liability arising from your use of any third-party website.
  5. Skinny60™ reserves the right to discontinue any aspect of the Website at any time.

 

General Use of the Website Permissions and Restrictions

Skinny60™ hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

  1. You agree not to distribute in any medium any part of Skinny60™ Website without Skinny60™’s prior written authorization.
  2. You agree not to alter or modify any part of the Website.
  3. You agree not to access the Skinny60™ Website through any technology or means other than those explicitly authorized by Skinny60™.
  4. You agree not to use the Website for any commercial use without the prior written authorization of Skinny60™. Prohibited commercial uses include any of the following actions taken without Skinny60™’s express approval:
    1. Sale of access to the Website or its related services on another website;
    2. Use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue; and/or
    3. the sale of advertising, on the Website or any third-party website, targeted to the content of specific content owned by Skinny60™.

 

Protection of the Skinny60™ Website.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Skinny60™ grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Skinny60™ reserves the right to revoke these exceptions either generally or in specific cases.

 

You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website (e.g. comments) for any commercial solicitation purposes.

 

Skinny60™ reserves the right to take appropriate legal action, including, but not limited to, referral to law enforcement, for any illegal or unauthorized use of the Website.

 

Your Use of Content on the Website.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on Skinny60™ Website:

  1. The content on the Website (including, without limitation, recipes, text, software, scripts, graphics, photos, sounds, videos, and interactive features) (collectively referred to herein as “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by and/or licensed to Skinny60™, subject to copyright, trademark, and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Skinny60™ reserves all rights not expressly granted in and to the Website and the Content.
  2. You may access Skinny60™ Content for your information and personal use solely as intended through the provided functionality of the Website.
  3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Skinny60™ Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

 

Digital Millennium Copyright Act

Pursuant to the Digital Millennium Copyright Act (DMCA) (See 17 U.S.C. 512), copyright owners and/or their agents who believe that Content on the Website infringes their copyright and/or any other intellectual property right, may submit notification of the suspected infringement to Skinny60™, and must do so in accordance with the requirements of the Digital Millennium Copyright Act, the text of which may be found at http://www.copyright.bov/legislation/dmca.pdf. Failure to comply with the requirements of the DMCA will result in a failure of notice for the purposes of the statute. Your notification to Skinny60™ should:

  1. Identify the copyrighted work you claim has been infringed.
  2. Identify the material you claim is infringing (along with information reasonably sufficient to permit Skinny60™ to locate the material).
  3. Include your mailing address, email address, and telephone number.
  4. Include the following statement: “I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law.”
  5. Include the following statement: “I hereby state that the information in this notification is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  6. Be sent to Skinny60™’s designated DMCA agent at the following address: Skinny60™, LLC c/o Joseph Stallone, Esq., 609 Castle Ridge Road, Suite 450, Austin, Texas 78746, stallone@ohdlegal.com.

Counter-Notice. If you believe that your Content was wrongfully taken down pursuant to a DMCA notification, you may file a counter-notification.  Your counter-notification to Skinny60™ should:

  1. Identify the material you believe was wrongfully removed (including the source address of the content).
  2. Include your mailing address, email address, and telephone number.
  3. Include a statement, under penalty of perjury, that you have a good faith belief that the content was removed in error.
  4. Include a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which The Skinny60™ may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.
  5. Be sent to Skinny60™’s designated DMCA agent at the following address: Skinny60™ c/o Joseph Stallone, Esq., 609 Castle Ridge Road, Suite 450, Austin, Texas 78746, stallone@ohdlegal.com.

 

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF SKINNY60™ WEBSITE SHALL BE AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, TESS MASTERS, INC. (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICES, AND YOUR USE THEREOF. TESS MASTERS, INC. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SUCH CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. TESS MASTERS, INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TESS MASTERS, INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

Indemnity

You agree to defend, indemnify and hold harmless Tess Masters, Inc. o/b/o and p/k/a Skinny60™, its parents, members, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  1. your use of and access to the Website;
  2. your violation of any term of these Terms of Use or the Privacy Policy; or
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right.

 

Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 18, as the Website is not intended for children under 18.

 

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Skinny60™ without restriction.

 

Choice of Law / Dispute Resolution

You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Skinny60™, either specific or general, in jurisdictions other than California. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California without regard to its conflict of laws principles.  The parties agree that any and all disputes, claims or controversies arising out of or related to this Agreement shall be submitted to mediation and if the matter is not resolved through mediation, it shall be submitted for binding arbitration. Unless the parties agree otherwise, any mediation and/or arbitration shall take place in the State of California, Los Angeles, and shall be administered by, and pursuant to the rules of, the American Arbitration Association.  Disputes shall be arbitrated on an individual basis.

 

Miscellaneous

These Terms of Use, together with the Privacy Notice at skinny60.com/privacy-policy and any other legal notices published by Skinny60™ on the Website, shall constitute the entire agreement between you and Skinny60™ concerning the Skinny60™ Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Skinny60™’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.