The Site is designed to provide products, support, assistance and information about fitness, nutrition, health and wellness. The information and services offered on this Site are provided solely for general information, and are not intended to (a) replace any advice or counsel from licensed or certified professionals; (b) constitute medical advice or apply specifically for any individual's unique needs and situation; and (c) diagnose, mitigate, treat, cure or prevent any disease or health-related condition.
For questions about the products on this Site, please use the customer service e-mail links found on each product page or section. For questions about orders placed through the Site, please use the customer service link in the e-mail receipt you receive or by visiting the online Customer Service Center. You may also call our toll free customer service phone number, which you will find displayed on the Site and your original packing slip and e-mail receipt.
Your username and password are intended solely for your use, and you agree not to share, give, sell or otherwise transfer your username or password to any other person or entity. Excessive viewings and/or logins under your username may be construed at the sole discretion of the company as inappropriate use and subject to cancellation, at the sole discretion of the company, of your membership.
Your membership will commence upon your submittal of your account information on the member sign-up and/or order screen. Access to the website will continue until the expiration of your purchased membership time. For example, a 24-hour pass will expire 24 hours after your initial submittal of your account information on the order screen. In the event you selected monthly access, then your account will automatically renew in 30 days, and every following month at the same price as disclosed at the time of purchase and billed to the same credit card used for your initial purchase. You can cancel future billings at anytime by calling or emailing customer service which phone number and email address can be found in the contact information on the site. In the event you cancel future billings, then your access will continue until your then current monthly access expires, and you will not be charged for any subsequent months. Once a membership period initiates, all 24-hour, 7 day and monthly membership fees for the initiated period are non-refundable.
Copyright: All Site materials, including, without limitation, www.mealsforyou.com, and Company or Proco Marketing, Inc., logos, designs, videos, text, graphics, software, other files, and the selection and arrangement thereof (individually and collectively, the "Content") are proprietary to the Company and its licensors, and are protected by United States and international copyright and other intellectual property rights, laws and treaties. The Site as a collective work and is the copyrighted work of the Company. Access to and use of the Site is expressly governed by these Terms. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any element of the Site. You agree not to take any action to jeopardize, limit or interfere with the Company's ownership of and rights with respect to the Site and Content. Any copying, uploading, reproduction, transmittal or redistribution of the Content which is not in expressly authorized by these Terms is strictly prohibited. You understand and agree that making modifications to, creating derivative works based on, or any unauthorized use of, the Content or any other elements of the Site is expressly prohibited.
Proprietary Content: The Company or its suppliers or licensors own and retain other proprietary rights in all products available through the Site and the collective arrangement of the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Company or the respective copyright owner. Permission is granted to display and access the materials on this Site for your personal, noncommercial, and informational use only; provided that you may not, without the permission of the Company or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media, (b) modify the Content or otherwise create any derivative works; or (c) remove or alter any copyright or other proprietary notices contained in the materials. Such permission also does not include, without limitation: (a) any sale, resale, or commercial use of the Site, its content, or services obtained through the Site; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. The Site and any elements contained therein may be incorporated into, and may incorporate, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to the Company to enforce any of your rights. All modifications or enhancements to the Site remain the exclusive property of the Company. Except as noted in this section, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of the Company or any third party.
Trademarks: The following is a partial list of the trademarks, service marks or registered trademarks of Company and its licensors in the United States and other countries: "Savvier", "Flirty Girl Fitness LIVE" and any other logos, and the products described on this Site. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.
The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of the Company and the Company is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, sponsorship or adoption by the Company of the site or any information contained therein. When leaving the Site, you should be aware that the Company's Terms and Policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
The Site uses the latest nutritional data available from the USDA (United States Department of Agriculture). The Site also obtains nutritional data from food manufacturers about their products. The Company believes the information on this website to be accurate. However, the Company is not responsible for typographical or other errors.
Nutrition information is based on the ingredients and cooking instructions as described in each recipe and are by nature based on statistical averages. Nutrition may vary based on methods of preparation, origin and freshness of ingredients, etc.
The Site is not a substitute for the services of a trained health professional. Although the Company provides nutritional information for the Site’s recipes, the information on the Site is for informational purposes only. No information, services, or materials offered by or through this Site shall be construed as or understood to be medical advice or care. None of the information on the Site shall be used to diagnose or treat any health problem or disease. You must consult with a physician, doctor, or health care provider before taking any product or using any information on this Site. Please discuss any concerns with your physician or registered dietitian.
In the U.S.: visit the American Dietetic Association at http://www.eatright.org/Public/index_7689.cfm.
In Canada: visit the Dietitians of Canada at http://www.dietitians.ca/diet/ASP/findadietitian.asp.
In Britain: visit the British Dietetic Association at http://www.bda.uk.com/.
In Australia: visit the Dietitians Association of Australia at http://www.daa.asn.au/.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.
YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO THE COMPANY FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, THE COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, NON-INFRINGEMENT, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THE COMPANY OR THIRD PARTIES THROUGH THIS SITE. NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ITS CONTENT OR THE PRODUCTS, CONTENT OR SERVICES OFFERED THEREIN.
CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH THE COMPANY. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE.
ALTHOUGH THE COMPANY STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, THE COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF VIRUSES, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL OR DESTRUCTIVE CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. IN ADDITION, THE COMPANY DOES NOT WARRANT THAT ACCESS TO THIS SITE, THE SITE AND ANY FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
THE COMPANY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED, UPDATED OR CORRECTED. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.
The terms of this section shall survive any termination of the Terms.
IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR INTENTIONAL ACTS, SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS, CLUBS OR SERVICES THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT, CLUB OR SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS); OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF THE COMPANY OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO DISCONTINUE ANY USE OF THIS SITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO THE COMPANY FOR ANY PRODUCTS, CLUBS OR SERVICES SUPPLIED BY THE COMPANY THROUGH YOUR USE OF THE SITE IN THE TWELVE (12) MONTH PERIOD PRECEDING ANY SUCH CLAIM.
The Company will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, electrical or communications outages, fire, flood, terrorism, acts of God or nature, or war.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
The terms of this section shall survive any termination of the Terms.
Notwithstanding anything to the contrary, you may not:
The Company may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize the Company to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
It is the Company's policy to respect the copyright and intellectual property rights of others. The Company may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.
Please direct inquiries regarding copyright issues to: Flirty Girl Fitess LIVE, 7850 Ruffner Avenue, Dept. 4000, Van Nuys, CA 91406.
You represent, covenant and warrant that:
If the Company has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, the Company may suspend or terminate your account, deny any or all use of the Site, and pursue any appropriate legal remedies.
To use and access exclusive and proprietary elements of the Site, you must register with the Company to open an account ("Account"). As part of the registration process, each user will select a password and user name. You shall provide the Company with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Account. You may not (i) select or use a user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a user name that the Company, in its sole discretion, deems inappropriate or offensive.
Your Account may not be assigned, sublicensed, transferred, or shared with any other individual or entity, and you expressly agree not to provide any other entity your password or otherwise allow them to use or access your Account. You agree to notify the Company of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site under your user name and password.
The Company may immediately terminate your Account, or suspend your access to your Account, without notice, for conduct that the Company believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of these Terms or any other policies or guidelines posted by the Company; or (iii) harmful to other users, third parties, or the business interests of the Company. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. You shall be liable for any activities on or uses of your account even if such activities or uses were not committed by you. Upon termination of your Account by the Company for any of the above-mentioned reasons, you may not establish a new Account for a period of not less than one year from the date of termination. Upon termination of your Account, the Company will have no obligation to notify any third parties nor will the Company be responsible for any damages that may result or arise out of termination of your Account.
You agree to indemnify, defend and hold harmless the Company, its parents, affiliates, subsidiaries, officers, directors, employees, agents, and suppliers (collectively, the "Indemnified Parties"), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your: (i) violation or breach of any term of these Terms or any policy or guidelines referenced herein; (ii) use or misuse of this Site, the Content, any User Content, or any other element of the Site; or (iii) other violation of any rights of a third party.
The terms of this section shall survive any termination of the Terms.
The information contained within press releases issued by the Company should not be deemed accurate or current except as of the date the release was posted. The Company has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
The Company may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that the Company shall not be liable therefore.
This Site is controlled, operated, and administered by the Company from its offices within the United States of America. The Company makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Southern District of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms. The terms of this section shall survive any termination of the Terms.
Notwithstanding any of these Terms, the Company reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Site and to block or prevent future access to and use of the Site. You agree that the Company shall not be liable for any termination of your use of or access to the Site.
The Company reserved any and all rights not expressly granted herein. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and the Company, and you do not have any authority to create any obligation or make any representation on the Company's behalf. You may not assign this agreement, by operation of law or otherwise, without the Company's express prior written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and the Company and their respective successors and assigns. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms, including the agreements and policies referenced herein, constitute the final, complete and exclusive agreement between the Company and you with respect to your use of the Site, and may not be contradicted, explained or supplemented by evidence of any prior, contemporaneous, or oral agreements or any other additional terms except as may be amended in accordance with these Terms. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by the Company to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.
The terms of this section shall survive any termination of the Terms.
Questions If you have any questions or concerns about these Terms or any issues raised in these Terms or on the Site, please contact us at Flirty Girl Fitness LIVE, 7850 Ruffner Avenue, Dept. 4000, Van Nuys, CA 91406. Copyright 2011, ALL RIGHTS RESERVED.