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This website and any other URLs and websites administered by 1 in 21 Healthy Muskegon County and its partners, including any applications available therefrom (collectively, the "Website") are offered by 1 in 21 Healthy Muskegon County and its partners (collectively, "1 in 21" or 1 in 21 Healthy Muskegon County" or "we" or "us") to you, the user, subject to your acceptance of all the terms and conditions set forth below ("Terms of Use"). The terms "you" and "user" refers to all individuals and entities that access the Website. By your affirmative actions of registering for and/or using the Website, you signify your agreement to these Terms of Use, to our Privacy Policy and your agreement to communicate with us electronically. If you do not agree to all of these terms and conditions, do not register for or use this Website. Privacy Policy At 1 in 21 Healthy Muskegon County , we respect your privacy and believe you should be informed about how we collect, use and disclose your personal information. Please read our privacy policy ("Privacy Policy") before using the Website. Modifications to the Terms of Use We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the 1 in 21 Healthy Muskegon County home page. In the event of significant changes to the Terms of Use, we may also place a special notice on the Website or communicate the changes by email. Your continued use of the Website following the posting of such changes constitutes your acceptance of any such changes. If you do not agree with these Terms of Use, or any revised versions thereof, you may not use the Website. Age and Eligibility Parental or Guardian Permission - we strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before registering for our Website. Health Disclaimer This Website provides weight loss management and information applications and content published over the Internet and is intended only to assist users in their personal weight loss efforts. 1in21.org is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen. We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Website. If you engage in any exercise program you receive through the Website you agree that you do so at your own risk and are voluntarily participating in these activities. Agency You represent that you are using the Website for its intended purpose. If you are registering or using the Website on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions. Information on the Website We try to provide helpful and accurate information on the Website, but we cannot verify, endorse or vouch for the information, services or recommendations available through the Website. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Website. Reliance on any information provided by 1 in 21 Healthy Muskegon County , 1 in 21 Healthy Muskegon County employees, or others appearing on the Website by invitation or as visitors is solely at your own risk. User-Generated Content Subject to terms set forth in the Privacy Policy with respect to Private User Generated Content and Public User Generated Content, you hereby grant to 1 in 21 Healthy Muskegon County a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, videos, photographs or other data and information you submit to the Website (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format (the "User Generated Content License"). "User Generated Content" includes but is not limited to content posted on blogs and user comments. Subject to the terms and conditions set forth in the Privacy Policy with respect to Private User Generated Content and Public User Generated Content, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude 1 in 21 Healthy Muskegon Countyís use of the User Generated Content or require your permission for 1 in 21 Healthy Muskegon County to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against 1 in 21 Healthy Muskegon County or its sublicensees relating to 1 in 21 Healthy Muskegon Countyís or its sublicenseesí use of the User Generated Content that is in accordance with the terms and conditions set forth in this Terms of Use and the Privacy Policy, and you hereby release 1 in 21 Healthy Muskegon County and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third partyís rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content. Registration and Password You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. You grant 1 in 21 Healthy Muskegon County the right to use your information in connection with the operation of the Website. 1 in 21 Healthy Muskegon County cannot and does not assume any responsibility or liability for any information you submit, or your or third partiesí use or misuse of information submitted. You represent that the information that you provide about yourself as requested in the 1 in 21 Healthy Muskegon County account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing 1 in 21 Healthy Muskegon County with your current email address, so that you may receive notifications and other account-related communications. Ownership of the Website Except for the User Generated Content, the Website and all aspects thereof, including all content and applications available via the Website, and all copyrights, trademarks, and other intellectual property rights therein, is owned by 1 in 21 Healthy Muskegon County or its licensors. You acknowledge that the Website and any underlying technology used in connection with the Website contain 1 in 21 Healthy Muskegon Countyís intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Website, including any applications available via the Website, except as necessary to view the content on the Website or use an application available via the Website and create a reasonable number of copies of portions of such content and applications (without modification) for your personal, non-commercial use. All rights in the Website not expressly granted by 1 in 21 Healthy Muskegon County to you are retained by 1 in 21 Healthy Muskegon County and its licensors. If you violate any of these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any copies you have made of any portion of the Website. User Indemnification Of 1 in 21 Healthy Muskegon County Upon request by us, you agree to defend, indemnify and hold 1 in 21 Healthy Muskegon County and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Website, including any User Generated Content you post, store, reproduce, display, or distribute via the Website and any meeting you arrange via the Website; (b) your violation of the Terms of Use; or © your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Website. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses. User Conduct If we determine that any user is not using the Website responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such userís transmissions, User Generated Content, or use of the Website. We also have the right (but not the obligation) to suspend or terminate your access to and use of any parts of the Website, or delete information you have posted to the Website, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) is offensive to other users, © violates the rights of 1 in 21 Healthy Muskegon County or third parties, or (d) could cause 1 in 21 Healthy Muskegon County liability. Without limiting the foregoing, upon any termination of your account or access to the Website we may delete all User Generated Content and other information related to your Community Pages. If 1 in 21 Healthy Muskegon County suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account. Changes to Website 1 in 21 Healthy Muskegon County may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual pages that have been inactive for more than 30 days, but have no obligation to do so. You agree that 1 in 21 Healthy Muskegon County shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Website. Third Party Websites The Website may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third party websites, you do so at your own risk. 1 in 21 Healthy Muskegon County suggests that you read the terms of use and privacy policies (if any) on those third party websites. You agree that 1 in 21 Healthy Muskegon County has no liability for any damage or loss of any type that is a result of your use of a third party website. Content And Warranty Disclaimer THE WEBSITE IS PROVIDED BY 1 IN 21 HEALTHY MUSKEGON COUNTY AND ITS AFFILIATES "AS IS." NEITHER 1 IN 21 HEALTHY MUSKEGON COUNTY NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, APPLICATIONS AVAILABLE VIA THE WEBSITE OR DOWNLOADED THEREFROM, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, 1 IN 21 HEALTHY MUSKEGON COUNTY AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, 1 IN 21 HEALTHY MUSKEGON COUNTY DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. Limitation of Liability IN NO EVENT WILL 1 IN 21 HEALTHY MUSKEGON COUNTY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT 1 IN 21 HEALTHY MUSKEGON COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF 1 IN 21 HEALTHY MUSKEGON COUNTY, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO 0. 1 IN 21 HEALTHY MUSKEGON COUNTY íS AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you. Electronic Contracting Your affirmative act of using this Website and/or registering for the Website constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. General The Terms of Use and the resolution of any dispute related to the Terms of Use or the Website shall be governed by and construed in accordance with the laws of the State of Ohio without respect to its conflict of laws principles. You shall bring any legal action or proceeding against 1 in 21 Healthy Muskegon County related to the Website exclusively in a federal or state court of competent jurisdiction sitting in Hamilton County, Ohio, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. 1 in 21 Healthy Muskegon County ís failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by 1 in 21 Healthy Muskegon County in writing. These terms and conditions constitute the entire agreement between you and 1 in 21 Healthy Muskegon County with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void. If you would like to request additional information regarding these Terms of Use, please contact us at healthymuskegoncounty@gmail.com. Last updated October 12, 2011

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