» Terms of Use

Terms of Use

Welcome to our web site. Tony Ferguson Weightloss Management, LLC (“Tony Ferguson”) maintains this web site as a service to our customers. By using this web site, you are agreeing that you have read and understood these Terms of Use and agree to comply with and be bound by these Terms of Use. You also agree to comply with all laws and regulations applicable to the use of this web site, to the use of the Internet, and to the activities involved in using this web site. Please review the following terms carefully.

Compliance with Law

This web site is owned by Tony Ferguson. Visitors who choose to visit this web site do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules and regulations, federal, state, local or foreign, applicable to the use of this web site and the information, content, material and services contained herein.

Venue and Jurisdiction

Claims relating to this web site, to the use of this web site, and to the information, content material and services available through this web site are governed by the laws of the United States of America and the State of Ohio, as applicable. You hereby unconditionally, voluntarily and irrevocably consent to the exclusive jurisdiction and venue of the United States District Court for the Northern District of Ohio, Eastern Division, and the Court of Common Pleas of Cuyahoga County, Ohio in any claim or dispute concerning, relating to, or arising from this web site and any information received from or through this web site. You agree not to plead forum non conveniens in any such action and you consent to service of process.

Visitor Online Conduct

You agree to use this web site only for lawful purposes.
You agree to use this web site only for its intended purposes.
Tony Ferguson reserves the right to prohibit any conduct involving this web site that it deems to be inappropriate.
You agree not to disrupt this web site.
You agree not to interfere with or compromise the security of this web site.
You agree not to disrupt or interfere with any other visitor’s use of this web site.
You agree that you are solely responsible for any actions you undertake while visiting this web site and that you will comply with all applicable local, state, federal and international laws, rules and regulations applicable to this web site and the Internet, including United States copyright laws and export restrictions.
You represent and warrant that all information that you provide to gain access to the services provided by this web site is accurate and truthful.
Access to this web site is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by at this web site. Any access or attempt to access other areas of the computer system or other information contained on the system, or any computer, server, account, network, data, software and/or other hardware whether or not associated with this web site for any purposes is strictly prohibited. You may not use any information contained on this web site other than in connection with a legitimate business purpose.

Accuracy of Content

All information, content and material (“Content”) comprising or made available on this web site serves informative purposes only and is not binding upon Tony Ferguson. Tony Ferguson recommends that users exercise their own skill and care with respect to their use of this web site and that users carefully evaluate the accuracy, currency, completeness and relevance of the material on the web site for their purposes. Tony Ferguson does not guarantee that the information is or will be complete, accurate, error-free, useful for a certain purpose or available at any particular time. Tony Ferguson makes no representation that the information contained on the site is appropriate or available for use in all countries, and access to information from places where the web site's Content is illegal is prohibited.
Your local Tony Ferguson contact can assist you with the availability of our products and services. We may, in our sole discretion and at any time, change web site Content or these Terms and Conditions, or modify or discontinue this web site or specific portions of it, without notice. Subsequent reuse of this site shall be deemed an agreement to any revised Terms and Conditions.

Third Party Links

Tony Ferguson web site contains links to third parties' web pages. Tony Ferguson is not responsible for the content or the existence of third parties" web pages and is not liable for damages, irrespective of their nature, incurred by the use or the non-use of third parties' web pages.

Copyright, Trademark and Intellectual Property

All Content (including, without limitation, any computer source code, object code, html code or other code comprising this web site) is owned by or licensed to Tony Ferguson. The copyright in and to this web site and all Content is owned by Tony Ferguson. Tony Ferguson retains and reserves all rights in and to this web site and all Content. The reproduction, distribution, transmission, display or use of this web site and any Content is prohibited without the prior written consent of Tony Ferguson.
Tony Ferguson grants you permission to display, copy, distribute, print and/or download the Content on this web site for your personal use only. Except as expressly authorized by Tony Ferguson, if you display, copy, distribute, print and/or download the Content on this web site, then you may not modify that Content and you must retain all copyright and other proprietary notices contained in this web site and the Content.
The permission granted herein terminates automatically if you breach these Terms of Use. Upon termination of such permission, you must immediately and permanently delete and destroy any Content you displayed, copied, distributed, printed and/or downloaded.
Tony Ferguson and www.tonyferguson.com, us.tonyferguson.com and are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of Tony Ferguson and may not be used, copied or imitated without the prior written consent of Tony Ferguson.
Tony Ferguson intellectual property may not be used in connection with any service or information that is not Tony Ferguson’s. Tony Ferguson’s intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages Tony Ferguson. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this web site are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property. You may not mirror any Content contained in this web site on any other web site or server.

Digital Millennium Copyright Act, Transmission of Third Party Content

You may not copy to, upload to, post to or otherwise distribute on, this web site anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express written authorization for such copying, uploading, posting or distribution.
Any material for which permission has been granted to copy, upload, post or otherwise distribute must contain all requisite copyright management notices and language indicating that such material is being used by express permission of the owner thereof.
The unauthorized use, uploading, posting, and/or distribution of content protected by copyright or other proprietary rights is illegal and may subject the malfeasant to civil penalties and criminal prosecution.
TONY FERGUSON, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, ARE NOT LIABLE FOR DAMAGES RESULTING FROM ANY INFRINGEMENT RESULTING FROM YOUR ACTIONS INVOLVING COPYRIGHTED OR PROPRIETARY RIGHT PROTECTED MATERIAL.
Tony Ferguson, pursuant to the Digital Millennium Copyright Act, designates the corporate Head of Technology to receive complaints and notices of suspected copyright infringement. If you believe that your work has been copied and is accessible on this web site in a way that constitutes infringement, you may notify by providing [designated agent] the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. Identification of the URL or other specific location on this web site where the material that you claim is infringing is located; 4. Your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
The corporate Head of Technology can be reached via e-mail at customerservice.us@tonyferguson.com and by regular mail at 1209 Orange Street, Wilmington, Delaware 19801.
You are prohibited from copying to, uploading to, posting to or otherwise distributing on this web site any unlawful, threatening, obscene, improper, intimidating, libellous, defamatory or slanderous comments, jokes, images or content that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, or any other classification that could produce any civil or criminal liability for either yourself or for Tony Ferguson, its shareholders, employees, agents, affiliates or any such similarly situated persons or entities.

Ownership of Third Party Content

Tony Ferguson may display Content supplied by visitors and other third parties on its web site. Tony Ferguson maintains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.

TONY FERGUSON, IT’S SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
TONY FERGUSON EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, (WHETHER EXPRESS OR IMPLIED) INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS WEB SITE AND ANY CONTENT COMPRISING THIS WEB SITE SUPPLIED BY THIRD PARTIES.
TONY FERGUSON SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON CONTENT AVAILABLE ON THIS WEB SITE SUPPLIED BY THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTENT AVAILABLE ON THIS WEB SITE SUPPLIED BY THIRD PARTIES.

Editing, Deleting and Modification
Tony Ferguson reserves the right in its sole discretion to edit, delete, modify, suspend or discontinue any Content, feature, aspect, product or service comprising, or available through, this web site at any time. Tony Ferguson may alter the availability of any feature of this web site or service at any time.

Indemnification

You agree to indemnify, defend and hold Tony Ferguson and its shareholders, officers, directors, employees, agents and affiliates (collectively, “Affiliated Parties”) harmless from any damages, liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of these Terms of Use.

Access Non-transferable

Your right to use this web site is not transferable. Any password or right given to you to obtain access to this web site is not transferable.

Disclaimers

THIS WEB SITE IS PROVIDED “AS IS,” AND “AS AVAILABLE.” TONY FERGUSON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OR USE OF THIS WEB SITE, THE CONTENT, PRODUCTS AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEB SITE. TONY FERGUSON DOES NOT WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE. TONY FERGUSON DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, THAT THE CONTENT, PRODUCTS AVAILABLE THROUGH THIS WEB SITE ARE ACCURATE, RELIABLE, OR CURRENT.
TONY FERGUSON HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OR USE OF THIS WEB SITE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU AGREE TO VISIT THIS WEB SITE SOLELY AT YOUR OWN RISK. YOU AGREE TO USE THIS WEB SITE AND ANY CONTENT AVAILABLE ON OR THROUGH THIS WEB SITE SOLELY AT YOUR OWN RISK.

Limitation of Liability

TONY FERGUSON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS WEB SITE.
FURTHER, NEITHER TONY FERGUSON, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS WEB SITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEB SITE, OR WHICH RESULT FROM ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, OR ANY OTHER CAUSE, EVEN IF TONY FERGUSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Use of Information

Tony Ferguson reserves the right, and you grant authorization, to use and assign all of your personal information provided by you in a manner consistent with our Privacy Policy. To know what privacy measures Tony Ferguson has taken and what information we retain from your visit to this web site, please read our web site Privacy Policy, which is incorporated herein by reference.

Change of Terms

These Terms of Use supersede any prior and contemporaneous agreements, representations, warranties and understandings with respect to the web site or the Content provided by or through the web site and the subject matter thereof. By using this web site, you agree to these Terms of Use as well as any posted changes of these Terms of Use. We reserve the right to change these Terms of Use at any time. We ask that you review these Terms of Use from time to time to ensure you are familiar with the most current version of it. If you do not agree to these Terms of Use, DO NOT use this web site.

Links to Other Web sites

The web site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by Tony Ferguson. Inclusion of any linked web site on this web site does not imply approval or endorsement of the linked web site by Tony Ferguson. If you decide to leave our web site or access these third-party sites, you do so at your own risk.

Severability

If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms of Use.

Headings of the Terms of Use

The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of these Terms of Use for interpretation purposes.

Entire Agreement

These Terms of Use constitute the entire and only agreement between you and Tony Ferguson and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof.

No Waiver

The failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Acceptance

I understand that by using this web site, I am subject to the terms and conditions set forth herein. Notwithstanding the foregoing, I accept and agree to be bound by all such terms and conditions.

If you do not agree to the terms and conditions herein, YOU MAY NOT use this web site.

Last updated 18 December 2008