terms and conditions
Terms & Condition of Use
Welcome to the Jenny CraigWebsite ("Site"). Access to this Site is subject to the following conditions. By using the Site, you agree to complywith these Terms and Conditions and to indemnify Jenny Craig against any claimsby third parties arising from your violation of these terms and conditions. If you donot agree to any of the conditions, please discontinue your access.
Usage of website content
Copyright ©2009, Jenny Craig Weight Loss Centres Pty Ltd 468 St.Kilda Rd Melbourne 3004, Australia ("Jenny Craig").
This Copyright notice,unless otherwise noted, applies to all proprietary pages, product names,design, images, photographs, videos, text, words or phrases, and other material("Content") available throughout the Site as trademarks, service marks, tradenames or other property of Jenny Craig. The JENNY CRAIG trademark on this Siteis owned by Société des Produits Nestlé S.A., Vevey, Switzerland. All otherunregistered and registered trademarks are the property of their respectiveowners.
When Content of the Site is downloaded to your computer, you donot obtain any ownership in such Content. Modification of the Content or use ofthe Content for any other purpose, including, but not limited to, print of anyContent or publication on any other website or networked computer environment,is strictly prohibited unless authorised in written by Jenny Craig.
Website Content
Without notice changes, movements, or deletions are made to theContent contained of the Site. Jenny Craig assumes no responsibility for anddisclaims all liability for any errors or omissions on the Site or in relatedwebsites, which may be discovered through this Site. The Site contains links toother web sites. Jenny Craig is not responsible for the content, accuracy oropinions expressed in such websites, and such websites are not investigated,monitored or checked for accuracy or completeness. The inclusion of any linkedwebsites on the Site does not imply approval or endorsement of the linkedcontent by Jenny Craig. If you decide to leave our Site or access third-partysites, you do so at your own risk.
Acceptable usage
In general, you must exercise judgment and responsibility withrespect to your use of our Site. You may only access the Site for lawful,personal and non-commercial use provided that you may not modify, copy,reproduce, republish, frame, upload to a third party, post, transmit ordistribute the Site except as authorised in writing by Jenny Craig. You may notuse the Site to harm others. Without limiting the generality of the foregoing,you may not:
- Use the Site in violation of any law or regulation governing Jenny Craig's business or activities, including without limitation the laws and regulations governing unfair competition, false advertising, consumer protection, obscenity, spamming, and privacy.
- Use the Site in a manner that presents a security risk or that may interfere with the operation of the Site.
- Use the Site in a manner that infringes another's copyrights, patents, trademarks, service marks, trade names, trade secrets, or other intellectual property rights, or rights of publicity.
- Use the Site to engage in libel, defamation, harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or
wrongful publication of private information.
- Post or transmit any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic, profane material, hate speech, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- Introduce viruses, Trojan horses, worms, or other computer programming routines that damage, interfere with, intercept, or expropriate any system, data, or personal information.
- Use the Site to gain illegal or unauthorized access to other computers or networks through hacking or other means.
- Assist or permit any person to engage in any of the activities described above.
Forum Postings
If you decide to become a forum user of our Site, you agree toprovide us with true, accurate and complete information about yourself, and tomaintain and promptly update your user information to keep it accurate. Withoutlimiting any other provision of these Terms and Conditions, if you provide anyinformation that is untrue, inaccurate, or incomplete, or we have reasonablegrounds to suspect that such is the case, we reserve the right to suspend orterminate your user account and refuse any and all current or future use of ourSite. You agree not to assign, transfer or sublicense your rights as a forumuser of this Site.
All Forum communications are public and not privatecommunications. Jenny Craig may from time to time monitor, review, and in itsdiscretion edit or delete, discussions, chats, and postings on our Site;however, Jenny Craig is under no obligation to do so and assumes noresponsibility or liability arising from the content of any such transmissionsor for any error, defamation, libel, slander, omission, falsehood, obscenity,pornography, profanity, hate speech, danger, illegality or inaccuracy containedin any information transmitted to any such locations on our Site. Jenny Craigwill cooperate with law enforcement or a court order requesting or directingJenny Craig to disclose the identity of anyone posting any information ormaterial prohibited by these Terms and Conditions. Jenny Craig may alsodisclose such information if such disclosure is reasonably necessary to protectthe rights, property, or personal safety of Jenny Craig, its clients, or thepublic.
Forum Conduct
You agree not to use the Site to do, or attempt to do, any of the following:
a. Upload,post, email or otherwise transmit any Content or other materials that areunlawful, harmful, threatening, abusive, harassing, tortious, defamatory,vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,ethnically, religiously, sexually or otherwise objectionable;
b. Harm,wrongly influence or threaten children in any way;
c. Impersonateany person or entity, including, but not limited to, a consultant, centerleader, program director, employee, or representative of Jenny Craig, ourAffiliates or any other person or entity, or falsely state or otherwisemisrepresent an affiliation with us or any other person or entity;
d. Forgeheaders or otherwise manipulate identifiers in order to disguise the origin ofany posting or other materials transmitted to, on or through the Site;
e. Disrupt thenormal flow of dialogue, cause a screen to "scroll" faster than otherusers of the forum (or other portion of the Site) are able to type, orotherwise act in a manner that negatively affects other users' ability to usethe forum;
f. Interferewith or disrupt the Site or servers or networks connected to the Site, ordisobey any requirements, terms, conditions or regulations of networksconnected to the Site;
g. Intentionallyor unintentionally violate any applicable local, state, national orinternational law, including, but not limited to, any law and/or regulationshaving the force of law;
h. "Stalk"or otherwise harass another user of the Site or employee of Jenny Craig or anyof our Affiliates; or
i. Collect orstore personal data or attempt to collect or store personal data about otherusers of the Site.
Comments, Feedback, and other Submissions
When, at our request, on your own behalf or by use of our Site you disclose, submit, or offer any information, photos, videos, text, graphics, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, articles, stories and other material ("Comments") about yourself or yourweight loss on or by this Site these Comments will remain Jenny Craig'sproperty. Such disclosure, submission, or offer of any Comments shallconstitute an assignment to Jenny Craig of all worldwide rights, titles, andinterests in all copyrights and other intellectual property in the Comments. Thus, Jenny Craig will own exclusivelyall such rights, title, and interest and shall not be limited in any way in itsuse, commercial or otherwise, of any Comments. Jenny Craig is and shall beunder no obligation (1) to maintain any Comments in confidence; (2) to pay touser any compensation for any Comments; or (3) to respond to any Comments.
You agree that Jenny Craig may use and/or disclose informationabout your demographics and use of the Site in any manner that does not revealyour identity. By participating in Site contests, promotions, and/or requestingpromotional information or product updates, you agree that Jenny Craig may useyour information for marketing and promotional purposes.
You confirm that you are at least 18 years of age or have permission of your legal guardian at thetime of submitting your Comments. You warrant that the materials & detailsyou submit are true and correct, you own or otherwise control all of the rightsto your Comments including without limitation, all the right necessary for youto disclose, submit or offer to us; any third party holder of any rights, hasvalidly and irrevocably granted to you the right to disclose, submit, or offerany Comments. You further warrant that each person depicted in any form in yourComments has consented to the use of such. You may not upload Comments orotherwise transmit any unsolicited or unauthorized advertising or promotionalmaterials, "junk mail", "spam", "chain letters", "pyramid schemes", or anyother form of commercial solicitation or promotion.
You understand that Jenny Craig may at its discretion confirmthat the details that you submit match its records of your participation on theprogram. You warrant that your materials relate entirely to your weight lossexperience with Jenny Craig and not any other weight loss method or program.
Hard- and Software requirements
Viewing and using the Site is optimised by using Microsoft Internet Explorer 6.0 orabove with Javascript activated. Netscape Navigator and some other browsers mayalso be compatible. Please visit www.microsoft.com or www.netscape.com toobtain information about downloading the latest versions of those browsers.
Disclaimer
THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OFANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ORNON-INFRINGEMENT. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OFTHE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALLCOSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE INCONNECTION WITH YOUR USE OF OUR SITE, AND THAT JENNY CRAIG SHALL NOT BE LIABLEFOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Limitation of Liability
In no eventshall Jenny Craig or any of its affiliates, or the officers, directors,employees, shareholders, or agents of each of them, be liable for any damagesof any kind, including without limitation any special, incidental, indirect or consequential damages, whether or not advised of the possibility of suchdamages, and on any theory of liability whatsoever, arising out of or inconnection with the use or performance of this Internet site.
Miscellaneous
Descriptions of, or referencesto, products or publications not owned by Jenny Craig or its affiliates do notimply endorsement of that product or publication. Jenny Craig makes no warrantyof any kind with respect to such products or publications or the completenessor accuracy of such information.
This Site is availableinternationally and may contain references to products or services notavailable in all countries. Reference to a particular product or service doesnot imply Jenny Craig intends to make such products or services available inall countries. This Site was developed in Victoria, Australia in accordancewith, and use of this site shall be governed by, the laws of Victoria,Australia.
Jenny Craig's Communications to You
You agree that Jenny Craig may send electronic mail to you for the purpose ofadvising you of changes or additions to the Site, about any of Jenny Craig'sproducts or services, or for such other purpose(s) as Jenny Craig deems appropriate.
By providing your contact details online you agree to communication from Jenny Craig for marketing purposes.
GENERAL
We may change, move, or delete portions of, or may add to, the Site from time totime and without notice. Your use of the Site following any such changeconstitutes your agreement to follow and be bound by the terms as changed.
SEVERABILITY
If any provision of this agreement shall be found to be unlawful, void, or for anyreason unenforceable, then that provision shall be deemed severable from thisagreement and shall not affect the validity and enforceability of any remaining provisions.
NO WAIVER
A failure on the part of Jenny Craig to enforce any part of this agreement shallnot constitute a waiver of any of Jenny Craig's rights under this agreement,whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of Jenny Craig shall havelegal effect.
Acceptance
You understand that by usingthe Site, you are subject to the Terms and Conditions outlined above. Youaccept to be bound by all Terms and Conditions.
If you do not agree to theTerms and Conditions, YOU MAY NOT use the Site.
Revised January, 2009
Competition Terms and Conditions
- Jenny's Lifestyle Survey 2012