TERMS AND CONDITIONS OF
USE
The articles and information aim to provide
general ideas. Neither the authors nor publisher shall take any
responsibility for any loss or damages occasioned to any person
or organization acting or refraining from action as a result of
this information. As always the advice of a competent
legal solicitor, accountant or other professional advice should
be sought.
We have taken every effort to design our Web
site to be informative, helpful and honest. Please
let us know if you’d like to see improvements or changes that
would make it even easier for you to find the information you
need and want.
All we ask is that you agree to abide by the
following Terms and Conditions. Take a few minutes to look them
over because by using our site you automatically agree to them.
Naturally, if you don’t agree, please do not use the site. We
reserve the right to make any modifications that we deem
necessary at any time. Please continue to check these terms to
see what those changes may be! Your continued use of the Web
site means that you accept those changes.
While every precaution has been taken in
preparation of this document, the publisher and authors assume
no responsibility for errors or omissions, or for the damages
resulting from the use of information contained in this
document or from the use of programs or methods. In no event
shall the publisher and the authors be liable for loss or
damage caused or alleged to have been caused directly or
indirectly from this information.
Products that are referred to in this document may be either
trademark and/ or registered trademarks of the respective
owners. The publisher and the authors make no claim to these
trademarks.
Individual weight loss results may vary
depending on health, age, diet and effort, the publisher and
authors take no responsibility for weight
loss.
Thank you for visiting
Restrictions on Use of Our Online
Materials
All Online Materials on the Evaganic
PTY LTD site, including, without limitation, text,
software, names, logos, trademarks, service marks, trade names,
images, photos, illustrations, audio clips, video clips, and
music are copyrighted intellectual property. All usage rights
are owned and controlled by Evaganic PTY LTD.
You, the visitor, may download
Online Materials for non-commercial, personal use only provided
you 1) retain all copyright, trademark and propriety notices,
2) you make no modifications to the materials, 3) you do not
use the materials in a manner that suggests an association with
any of our products, services, events or brands, and 4) you do
not download quantities of materials to a database, server, or
personal computer for reuse for commercial purposes. You may
not, however, copy, reproduce, republish, upload, post,
transmit or distribute Online Materials in any way or for any
other purpose unless you get our written permission first.
Neither may you add, delete, distort or misrepresent any
content on the Evaganic PTY LTD site. Any attempts to modify
any Online Material, or to defeat or circumvent our security
features is prohibited.
Everything you download, any software, plus
all files, all images incorporated in or generated by the
software, and all data accompanying it, is considered licensed
to you by Evaganic PTY LTD or third-party licensors for your
personal, non-commercial home use only. We do not transfer
title of the software to you. That means that we retain full
and complete title to the software and to all of the associated
intellectual-property rights. You’re not allowed to
redistribute or sell the material or to reverse-engineer,
disassemble or otherwise convert it to any other form that
people can use.
Submitting Your Online Material to
Us
All remarks, suggestions, ideas, graphics,
comments, or other information that you send to Evaganic PTY
LTD through our site (other than information we promise to
protect under our privacy policy becomes and remains our
property, even if this agreement is later
terminated.
That means that we don’t have to treat any
such submission as confidential. You can’t sue us for using
ideas you submit. If we use them, or anything like them, we
don’t have to pay you or anyone else for them. We will have the
exclusive ownership of all present and future rights to
submissions of any kind. We can use them for any purpose we
deem appropriate to Evaganic PTY LTD while using common sense,
without compensating you or anyone else for
them.
You acknowledge that you are responsible for
any submission you make. This means that you (and not we) have
full responsibility for the message, including its legality,
reliability, appropriateness, originality, and
copyright.
Limitation of Liability
Evaganic PTY LTD WILL NOT BE LIABLE FOR ANY DAMAGES LOSS
OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS
SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO)
DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE USE OF
(OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR
SITE FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED
OR DESIRED ERROR ON OUR SITE OMISSION ON OUR SITE INTERRUPTION
OF AVAILABILITY OF OUR SITE DEFECT ON OUR SITE DELAY IN
OPERATION OR TRANSMISSION OF OUR SITE COMPUTER VIRUS OR LINE
FAILURE PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES,
INCLUDING: DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR
A LOSS OR INJURY DAMAGES REASONABLY EXPECTED TO RESULT FROM A
LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL
DAMAGES.") OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING
DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS
"INCIDENTAL DAMAGES.") WE ARE NOT LIABLE EVEN IF WE’VE BEEN
NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW
US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR
"CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES,
THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN
THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF
DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU
FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY
KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A
CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER
WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL
THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF
ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links
to other World Wide Web sites from our site. Such a link should
not be seen as an endorsement, approval or agreement with any
information or resources offered at sites you can access
through our site. If in doubt, always check the Uniform
Resource Locator (URL) address provided in your WWW browser to
see if you are still in a Evaganic PTY LTD operated site or
have moved to another site. Evaganic PTY LTD is not responsible
for the content or practices of third party sites that may be
linked to our site. When Evaganic PTY LTD provides links or
references to other Web sites, no inference or assumption
should be made and no representation should be inferred that
Evaganic PTY LTD is connected with, operates or controls these
Web sites. Any approved link must not represent in any way,
either explicitly or by implication, that you have received the
endorsement, sponsorship or support of any Evaganic PTY LTD
site or endorsement, sponsorship or support of Evaganic PTY
LTD, including its respective employees, agents or
directors.
Termination of This
Agreement
This agreement is effective until terminated
by either party. You may terminate this agreement at any time,
by destroying all materials obtained from Evaganic PTY LTD
site, along with all related documentation and all copies and
installations. Evaganic PTY LTD may terminate this agreement at any
time and without notice to you, if, in its sole judgment, you
breach any term or condition of this agreement. Upon
termination, you must destroy all materials. In addition, by
providing material on our Web site, we do not in any way
promise that the materials will remain available to you. And
Evaganic PTY LTD is
entitled to terminate all or any part of any of its Web site
without notice to you.
Jurisdiction and Other Points to
Consider
If you use our site from locations outside of
the Australia and the United States, you are responsible
for compliance with any applicable local
laws.
These Terms of Use shall be governed by,
construed and enforced in accordance with the laws of the
state, as it is applied to agreements entered into and to be
performed entirely within such jurisdiction.
To the extent you have in any manner violated
or threatened to violate Evaganic PTY LTD
and/or its
affiliates' intellectual property rights, Evaganic PTY
LTD and/or its
affiliates may seek injunctive or other appropriate
relief in any state or federal court in the State of
Evaganic PTY LTD and you consent to exclusive
jurisdiction and venue in such courts.
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