Services, in other languages for your convenience. Please note that the English language version of these documents is the version that governs
your use of the Services and in the event of any conflict between the English language version and a translated version, the English language
version will control.
AboutBMI.com website located at http://www.AboutBMI.com / (the "website") and the services available through the website and applications.
by using the services, you represent and warrant that you have read and understand, and agree to be bound by, this agreement and AboutBMI.com
agree to be bound by these terms, you may not use the services.
CHANGES TO AGREEMENT
AboutBMI.com reserves the right to change this agreement at any time upon notice to you, to be given by: (i) the posting of a new version; and/or
(ii) a change notice on the website or application. it is your responsibility to review this agreement periodically. you will be deemed to have agreed
to any such modification or amendment by your decision to continue using the services following the date in which the modified or amended
agreement is posted.
By using the services, you represent and warrant that you are at least 18 years old and are otherwise legally qualified to enter into and form
contracts under applicable law. this agreement is void where prohibited.
The service does not provide professional medical services or advice; no doctor-patient relationship
AboutBMI.com provides the services for informational purposes only. the services do not contain or constitute, and should not be interpreted as,
medical advice or opinion. AboutBMI.com is not a medical professional, and AboutBMI.com does not provide medical services or render medical
advice. the services are not a substitute for the advice of a medical professional, and the information made available on or through the services
should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. if you require medical advice or
services, you should consult a medical professional. your use of the services does not create a doctor-patient relationship between you and
you hereby agree that, before using the services, you shall consult your physician, particularly if you are at risk for problems resulting from
exercise or changes in your diet.
FOOD DATABASE AND NUTRITIONAL INFORMATION
AboutBMI.com food database contains a combination of nutritional information entered directly by AboutBMI.com and nutritional information
entered by AboutBMI.com members ("food database"). any AboutBMI.com member can contribute nutritional information to the food database, as
well as edit existing nutritional information. Please be advised that nutritional information found in AboutBMI.com food database has not been
reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information. AboutBMI.com does not (i)
guarantee the accuracy, completeness, or usefulness of any nutritional information in the food database; or (ii) adopt, endorse or accept
responsibility for the accuracy or reliability of any such nutritional information. under no circumstances will AboutBMI.com be responsible for any
loss or damage resulting from your reliance on nutritional information. you are solely responsible for ensuring that any nutritional information in
the food database is accurate, complete and useful. nutritional information in the food database may not be reproduced, duplicated, copied,
modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of
RELIANCE ON THIRD-PARTY CONTENT
Opinions, advice, statements, or other information, including, without limitation, food, nutrition and exercise data, made available by means of the
services by third parties, are those of their respective authors, and should not necessarily be relied on. such authors are solely responsible for such
content. AboutBMI.com does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information on the service; or (ii)
adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party by means of the
services. under no circumstances will AboutBMI.com be responsible for any loss or damage resulting from your reliance on information or other
content posted on the services or transmitted to or by any third-party. you also understand that by accessing and using the services, you may
encounter information, materials and subject matter that you or others may deem offensive, indecent, or objectionable. you agree to use the
services at your sole risk and that AboutBMI.com and its affiliates, partners, suppliers and licensors shall have no liability to you for information,
material or subject matter that is found to be offensive, indecent, or objectionable.
You knowingly and freely assume all risk when using the website, applications and services. you, on behalf of yourself, your personal
representatives and your heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify AboutBMI.com and its
officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, and assigns from any and all claims, actions or losses
for bodily injury, property damage, wrongful death, emotional distress, loss of services or other damages or harm, whether to you or to third
parties, which may result from your use of the services.
USER INFORMATION; PASSWORD PROTECTION
In connection with Your use of certain Services, You are required to complete a registration form. You represent and warrant that all user
information You provide on the registration form or otherwise in connection with Your use of the Services will be current, complete and accurate,
and that You will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile. For additional
You will also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for
maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other Member at any time. You
agree to notify AboutBMI.com immediately of any unauthorized use of Your account, user name, or password. AboutBMI.com shall not be liable
for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any
losses incurred by AboutBMI.com , its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone elseís
use of Your account or password.
PUBLIC PROFILES; INFORMATION PROVIDED BY MEMBERS
As part of registration, members must create public profiles, which may contain certain indentifying information (such as age, location, total
weight loss, ethnicity, marital status, religion, etc.). in addition, members have the option to post photographs, videos and other information (such
as likes and dislikes) on their public profiles. AboutBMI.com relies on its members to provide current and accurate information, and AboutBMI.com
does not, and cannot, investigate information contained in member public profiles. accordingly, AboutBMI.com must assume that information
contained in each member public profile is current and accurate. AboutBMI.com does not represent, warrant or guarantee the currency or accuracy
of public profile information, and hereby disclaims all responsibility and liability for any information provided by members by means of public
profiles or otherwise in connection with the services.
YOUR INTERACTIONS WITH OTHER MEMBERS
You are solely responsible for your interactions with other members. you acknowledge and understand that AboutBMI.com has not, and does not,
in any way: (a) screen its members; (b) inquire into the backgrounds of its members; or (c) review or verify the statements of its members,
including without limitation information or representations contained in public profiles. you hereby agree to exercise reasonable precaution in all
interactions with other members, particularly if you decide to meet another member in person. AboutBMI.com does not represent, warrant,
endorse or guarantee the conduct of its members or their compatibility with you. in no event shall AboutBMI.com be liable for indirect, special,
incidental, or consequential damages arising out of or relating to any memberís conduct in connection with such memberís use of the services,
including, without limitation, bodily injury, property damage, wrongful death, emotional distress, loss of services or any other damages resulting
from communications or meetings between members. you knowingly and freely assume all risk when using the website, applications and services.
AboutBMI.com reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between members. You agree to hold
AboutBMI.com harmless in connection with any dispute or claim You make against any other member.
CONSENT TO RECEIVE EMAIL FROM ABOUTBMI.COM
In providing the Services, You may receive periodic email communications regarding the Services, new product offers and information regarding the
Services, which are part of the Services and which You cannot opt out of receiving. You may also receive periodic promotions and other offers or
materials AboutBMI.com believes might be of interest to You. You can opt-out of receiving these promotional messages at any time by (a)
following the unsubscribe instructions contained in each newsletter; or (b) changing the email preferences in Your account.
CONSENT TO RECEIVE EMAIL COMMUNICATIONS FROM MEMBERS
By finding and connecting with Your friends and other members, You may receive electronic communications, including email and instant
messages from other Website members. You can manage the messages You receive from other members by changing the messaging preferences
in Your account.
The service includes links to websites of third parties ("third-party websites"), some of whom may have established relationships with
AboutBMI.com and some of whom may not. AboutBMI.com does not have control over the content and performance of third-party websites.
AboutBMI.com has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made
available on or through third-party websites. accordingly, AboutBMI.com does not represent, warrant or endorse any third-party website, or the
accuracy, currency, content, fitness, lawfulness or quality of the information material, goods or services available through third-party websites.
AboutBMI.com disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third
parties, resulting from your use of third-party websites.
you agree that, when linking to or otherwise accessing or using a third-party website, you are responsible for: (i) taking precautions as necessary
to protect you and your computer systems from viruses, worms, trojan horses, malicious code and other harmful or destructive content; (ii) any
downloading, use or purchase of material that is obscene, indecent, offensive, or otherwise objectionable or unlawful, or that contains technical
inaccuracies, typographical mistakes and other errors; (iii) any downloading, use or purchase of material that violates the privacy or publicity
rights, or infringes the intellectual property and other proprietary rights of third parties, or that is subject to additional terms and conditions, stated
or unstated; (iv) all financial charges or other liabilities to third parties resulting from transactions or other activities; and (v) reading and
Certain features, aspects, products and services offered through the services are provided, in whole or in part, by third parties ("third-party
services" as provided by "third-party service providers"). in order to use third-party services, you may be required to enter into additional terms and
conditions with third-party service providers. if you do not understand or do not agree to be bound by those additional terms and conditions, you
may not use the related third-party services. in the event of any inconsistency between terms and conditions relating to third-party services and
the terms and conditions of this agreement, those additional terms and conditions will control, although only with respect to such third-party
services. the providers of third-party service providers may collect and use certain information about you, as specified in the third-party service
AboutBMI.com hereby disclaims all responsibility and liability for any of your information collected or used by third-party service providers.
"User Content" is any content, materials or information (e.g., any text, information, photos, images, video, and other content and material,
including nutritional information contributed to the Food Database) that You upload or post to, or transmit, display, perform or distribute by means
of, the Services, whether in connection with Your use of Website, Application, or through the use of any Third Party Websites or Third Party
Services or otherwise. You hereby grant AboutBMI.com and its officers, directors, employees, agents, affiliates, representatives, service providers,
partners, sublicensees, successors, and assigns (collectively, the " AboutBMI.com Parties") a perpetual, fully paid-up, worldwide, sublicensable,
irrevocable, assignable license to copy, distribute, publish, transmit, publicly display or perform, edit, modify, translate, reformat and otherwise
use User Content in connection with the operation of the Services or any other similar services or related business, in any medium now existing or
later devised, including without limitation in advertising and publicity. You further agree that this license includes the right for the AboutBMI.com
Parties to publish, display or otherwise use and make available your User Content and possibly your name and/or any user name of yours in
connection with their exercise of the license granted under this section. You agree to waive, and hereby waive, any claims arising from or relating
to the exercise by the AboutBMI.com Parties of the rights granted under this section, including without limitation any claims relating to your rights
of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section.
You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights
provided the AboutBMI.com Parties under this section. You represent and warrant that, when using the Website, Applications and Services, You
will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and
subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform
or distribute any content, information or other materials in violation of any third partyís copyrights, trademarks, or other intellectual property or
proprietary rights. You shall be solely responsible for any violations of any laws and for any infringements of third-party rights caused by your use
of the website, applications and services. your bear the sole burden of proving that content, information or other materials do not violate any laws
or third-party rights.
AboutBMI.com reserves the right to (i) remove, suspend, edit or modify any User Content in its sole discretion, including without limitation any
User Content at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third
reason at all and (ii) to remove, suspend or block any User Content submissions. AboutBMI.com also reserves the right to access, read, preserve,
and disclose any information as AboutBMI.com reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or
address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of AboutBMI.com , its
users and the public.
"Public Forum" is any area, site or feature offered as part of the Services (including without limitation public profiles, discussion forums, message
boards, blogs, chat rooms, emails or instant messaging features) that enables You (a) to upload, submit, post, display, perform, distribute and/or
view User Content, and/or (b) to communicate, share, or exchange User Content with other members or visitors. You acknowledge that Public
Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit,
post, transmit, communicate, share or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore,
You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User
Content you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of
submitting or posting same. You agree to AboutBMI.com terms and condition when transmitting or posting any User Content to any Public Forum.
AboutBMI.com disclaims any perceived, implied or actual duty to monitor public forums and specifically disclaims any responsibility or liability for
information provided thereon.
YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS
You agree and understand that you may be held legally responsible for damages suffered by other members or third parties as the result of Your
remarks, information, feedback or other content posted or made available on the Services that is deemed defamatory or otherwise legally
actionable. Under the Federal Communications Decency Act of 1996, AboutBMI.com is not legally responsible, nor can it be held liable for
damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other
content posted or made available on the Services.
You represent and warrant that you shall not use the Services to upload, post, transmit, display, perform or distribute any content, information or
materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or
pornographic; (b) constitute child pornography; (c) solicit personal information; (d) incite, encourage or threaten physical harm against another; (e)
promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of
hard core illegal substances and drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any
provision of this agreement or any other AboutBMI.com agreement, guidelines or policy; or (i) is generally offensive or in bad taste, as determined
by AboutBMI.com (collectively, "objectionable content"). AboutBMI.com disclaims any perceived, implied or actual duty to monitor the contents of
the services and specifically disclaims any responsibility or liability for information provided hereon. without limiting any of its other remedies,
AboutBMI.com reserves the right to terminate your use of the services or your uploading, posting, transmission, display, performance or
distribution of objectionable content. AboutBMI.com , in its sole discretion, may delete any objectionable content from its servers. AboutBMI.com
intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any
AboutBMI.com imposes certain restrictions on Your use of the Services. You represent and warrant that you will not: (a) "stalk" or otherwise
harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to
AboutBMI.com or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
(d) create more than one unique public profile; (e) harvest or otherwise collect information about AboutBMI.com users, including email addresses
and phone numbers; (f) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation
browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including
without limitation use on third-party websites; (g) access content or data not intended for You, or log onto a server or account that You are not
authorized to access; (h) attempt to probe, scan, or test the vulnerability of the Services, the Website, the Applications, or any associated system
or network, or breach security or authentication measures without proper authorization; (i) interfere or attempt to interfere with the use of the
Website, the Applications or the Services by any other user, host or network, including, without limitation by means of submitting a virus,
overloading, "flooding," "spamming," "mail bombing," or "crashing"; (j) use the Services to send unsolicited e-mail, including without limitation
promotions or advertisements for products or services; (k) forge any TCP/IP packet header or any part of the header information in any e-mail or in
any uploading or posting to, or transmission, display, performance or distribution by means of, the Services; (l) post or transmit any unsolicited
advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume
information such as opinions or notices, commercial or otherwise; or (m) attempt to modify, reverse-engineer, decompile, disassemble or
otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the AboutBMI.com Parties in providing the
Website or Applications. Any violation of this section may subject You to civil and/or criminal liability.
You acknowledge and agree that the Applications and all intellectual property rights associated therewith are, and shall remain, the property of
AboutBMI.com . Furthermore, You acknowledge and agree that the source and object code of the Applications and the format, directories, queries,
algorithms, structure and organization of the Applications are the intellectual property and proprietary and confidential information of
AboutBMI.com and its affiliates, licensors and suppliers. Except as expressly stated in this Agreement, You are not granted any intellectual
property rights in or to the Applications by implication, estoppel or other legal theory, and all rights in and to the Applications not expressly
granted in this Agreement are hereby reserved and retained by AboutBMI.com .
The Applications may utilize or include third party software that is subject to third party license terms ("Third Party Software"). You acknowledge
and agree that Your right to use such Third Party Software as part of the Applications is subject to and governed by the terms and conditions of the
third party license applicable to such Third Party Software. In the event of a conflict between the terms of this Agreement and the terms of such
third party licenses, the terms of the third party licenses shall control with regard to Your use of the relevant Third Party Software.
Trademarks, service marks, graphics, logos and domain names appearing on the Services of AboutBMI.com are trademarks or registered
trademarks of AboutBMI.com . Other trademarks, service marks, graphics, logos and domain names appearing on the Services may be the
trademarks of third-parties. Neither Your use of the Services, nor this Agreement, grant You any right, title or interest in or to, or any license to
reproduce or otherwise use, the AboutBMI.com Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree
that any goodwill in the AboutBMI.com Marks generated as a result of Your use of the Services will inure to the benefit of AboutBMI.com ., and
You agree to assign, and hereby do assign, all such goodwill to AboutBMI.com , Inc.. You shall not at any time, nor shall You assist others to,
challenge AboutBMI.com , Inc.ís right, title, or interest in or to, or the validity of, the AboutBMI.com Marks.
Copyrighted Materials; Copyright Notice
All content and other materials available through the Website and Services, including without limitation the AboutBMI.com logo, design, text,
graphics, and other files, and the selection, arrangement and organization thereof, are either owned by AboutBMI.com . or are the property of
AboutBMI.com licensors and suppliers. Except as explicitly provided, neither Your use of the Services nor this Agreement grant You any right, title
or interest in or to any such materials.
DISCLAIMERS; LIMITATION OF LIABILITY
AboutBMI.com , on behalf of itself and its third-party service providers, licensors and suppliers, hereby disclaims all warranties. the website,
applications and services are provided "as is" and "as available." to the maximum extent permitted by law, AboutBMI.com , on behalf of itself and
its third-party service providers, licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the website,
including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. neither AboutBMI.com
nor its third-party service providers, licensors or suppliers warrants that the website, applications or the services will meet your requirements, that
the operation of the website, applications or the services will be uninterrupted or error-free.
YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA
you agree that your use of the website, applications and services is at your sole risk. you will not hold AboutBMI.com or its third-party service
providers, licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to or use of the services,
including without limitation any loss or damage to any of your computers or data. the website, applications and services may contain bugs, errors,
problems or other limitations.
importantly, you hereby acknowledge that a catastrophic server failure or other event could result in the loss of all of the data related to your
account. you agree and understand that it is your responsibility to backup your data to your personal computer or external storage device and to
ensure such backups are secure.
LIMITATION OF LIABILITY
The liability of AboutBMI.com and its third-party service providers, licensors and suppliers is limited. to the maximum extent permitted by law, in
no event shall AboutBMI.com or its third-party service providers, licensors or suppliers be liable for special, incidental, or consequential damages,
lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any
duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or
of any advice or notice given to AboutBMI.com or its third-party service providers, licensors and suppliers arising out of or in connection with your
use of the website, applications or services. this limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or
any other legal theory or form of action. additionally, the maximum liability of AboutBMI.com and its third-party service providers, licensors and
suppliers to you under all circumstances will be NIL. you agree that this limitation of liability represents a reasonable allocation of risk and is a
fundamental element of the basis of the bargain between AboutBMI.com and you. the website, applications and services would not be provided
without such limitations.
The above disclaimers, waivers and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in this
agreement, any other agreement between you and AboutBMI.com or between you and any of AboutBMI.com third-party service providers,
licensors and suppliers. some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some
of the above disclaimers, waivers and limitations of liability may not apply to you. unless limited or modified by applicable law, the foregoing
disclaimers, waivers and limitations shall apply to the maximum extent permitted, even if any remedy fails its essential purpose. AboutBMI.com
third-party service providers licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers and limitations. no advice
or information, whether oral or written, obtained by you through the services or otherwise shall alter any of the disclaimers or limitations stated in
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Website, Applications and Services will be in accordance with this Agreement and any other
AboutBMI.com policies and guidelines, and with any applicable laws or regulations.
INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless AboutBMI.com and its
officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and Third-Party Service Providers (collectively,
the "Indemnified Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"),
including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any
representation or warranty contained in this Agreement; (ii) Your access to or use of the Website, Applications or Services; (iii) Your provision to
AboutBMI.com or any of the Indemnified Parties of information or other data