Terms of Use

[Click here to read Privacy Policy]

Welcome

Bonjour, and welcome to Mireille Guiliano's FrenchWomenDontGetFat.com.  We hope you find all the information you are looking for, and that you'll visit us often.

While you are here there are some general rules we require all visitors to abide by, and by accessing, browsing and otherwise using FrenchWomenDontGetFat.com ("the website") you acknowledge that you have read, understood, and agree to be legally bound by the Terms of Use outlined here as well as by the terms stated in our Privacy Policy, which can be found here. You further certify that your use of the website constitutes your agreement to do so only for your own personal, non-commercial use.

We reserve the right to periodically revise these Terms of Use and our Privacy Policy. Please note that you are solely responsible for reviewing these Terms and Policies to ensure that your use does not constitute a breach of this agreement. Please periodically review both agreements to ensure that you stay aware of any changes or updates that are made to either or both documents.

Copyright

All the content and materials on this site, including, but not limited to, editorial content, data, text, illustrations, photographs, video & audio clips, icons, graphic images, and software, are owned by and are the copyrighted materials of Mireille Guliano and FrenchWomenDontGetFat.com, or are used here by agreement with a third party. You may not distribute, copy, reproduce, display, republish, download, upload or transmit any material or content of any sort for commercial use.  

As between FrenchWomenDontGetFat.com and you, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights are the sole property of the website.  Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the website or any portion thereof, for any purpose. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

You may not "frame" or "mirror" any content or material on this website on any other server.  Any unauthorized use of any content or material contained on this website may violate copyright laws, trademark laws, or the laws of privacy and are strictly prohibited.

Children and Minors

This website is directed towards adults and we do not knowingly allow anyone under the age of 13 to provide us with any personal identifying information.  In using this website and agreeing to abide by the Terms of Use outlined here you certify that you are not under the age of 13. FrenchWomenDontGetFat.com may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Health Information

The information provided in the website is for educational and entertainment purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The website should not be used as a forum for or viewed as a source to diagnose, cure or treat any medical or other conditions, including but not limited to eating disorders, diet or other health or medical related issues. All inquiries regarding your health, diet or other medical issues should be directed to a qualified health care professional.

Never disregard professional medical advice or delay seeking it because of something you have read on our website. Reliance on any information provided by Mirielle Guiliano, or FrenchWomenDontGetFat.com, its employees, or visitors to the website is solely at your own risk.

Links to Other Website

Periodically we may link to third party website.  We provide these links solely for your convenience and to provide additional information and resources that we believe might be of interest to you. If you use these links you will be leaving FrenchWomenDontGetFat.com and you acknowledge that we do not have any control over those sites and are not responsible for their content or their policies.  Your use of a third party site is governed by its own Terms of Use and Privacy Policies. We encourage you to read the Terms and Policies of any website you visit, whether by a link from our site or any other means.

User  Submissions & Message Boards

This website, its public  message boards and any other communications service including the capability to post your own comments, participate in a chat room, newsgroup, or other interactive service  (collectively, the "Services") offered now or at a future time are provided to you solely for informational and entertainment purposes. By using the website and Services you agree to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is false, inaccurate, misleading or otherwise violates these Terms of Service, FrenchWomenDontGetFat.com reserves the right to terminate your subscription and refuse any and all current or future use of the Services.

Further, you agree not to:

* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, photographs, graphics, video & audio messages or other materials, including any Contribution, (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, obscene, libelous, deceptive or fraudulent;

* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, such as “junk mail” or any other form of unlawful solicitation;

* Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;

You understand that any postings you make on the website will be deemed non-confidential. Any action taken by a user of the Message Boards based on information presented there is at your own risk. You should always consult a physician or other relevant health expert before practicing anything you read on the Message Boards or before using any products or information recommended or presented there.

Violations

In using our Message Boards you agree to follow the rules of our community.  Be respectful, be polite, be courteous.  We do not tolerate posts that include profanity or offensive language, or that harass or otherwise offend fellow visitors to FrenchWomenDontGetFat.com. You understand that neither the website nor its affiliates are responsible for material or information submitted or posted to the site by users. Furthermore, FrenchWomenDontGetFat.com does not pre-screen, monitor, review or edit the Content posted by users. However, the management of FrenchWomenDontGetFat.com have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part that it feels does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate.

We reserve the right to seek all remedies available by law or in equity for violations of these Terms, including the right to block access from a particular Internet address to this website.

Report Abuse

You agree to immediately notify FrenchWomenDontGetFat.com of any unauthorized use of the Service or any other breach of security that you know of or suspect. If you become aware of any misuse of the website or wish to complain about any material posted by another user on the Message Boards, or if you believe that any of your rights have been violated please contact us at webmaster@frenchwomendontgetfat.com

Liability

THE WEBSITE, AND ALL INFORMATION, DATA, MATERIALS AND OTHER CONTENT (INCLUDING, WITHOUT LIMITATION, ALL SERVICES AND SOFTWARE) PROVIDED, GENERATED OR MADE AVAILABLE BY, WITH OR THROUGH THE WEBSITE OR ANY WEBSITE CONTENT, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY.  TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF FRENCHWOMENDONTGETFAT, ITS AFFILIATES AND ITS LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGEMENT; OR WITH RESPECT TO THE OPERATION OR USE OF THE WEBSITE; OR OF THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, CURRENCY OR TIMELINESS OF ANY WEBSITE CONTENT.

YOU AGREE THAT NEITHER FRENCHWOMENDONTGETFAT.COM NOR ITS EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS OR SUPPLIERS ("RELEASED PARTIES"), SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE WEBSITE. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS' FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE SITE.

YOU EXPRESSLY AGREE AS A CONDITION OF USING THE WEBSITE THAT NEITHER FRENCHWOMENDONTGETFAT.COM NOR ITS EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) ANY CONTENT CONTAINED ON THE SITE; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE, or (vii) ANY OTHER MATTER RELATING TO THE SITE.

Upon a request by FrenchWomenDontGetFat.com, you agree to defend, indemnify and hold FrenchWomenDontGetFat.com, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the website or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. FrenchWomenDontGetFat.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FrenchWomenDontGetFat.com in asserting any available defense.

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York notwithstanding any conflict of laws provisions. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of New York State for any litigation or dispute arising out of or relating to these Terms and agree that such courts represent the exclusive jurisdiction for all disputes relating to these Terms.

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

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