CONDITIONS OF USE FOR FORTYLICIOUS^TM

This Agreement is effective October 1, 2010

Conditions of Use

PLEASE READ THE FOLLOWING CONDITIONS OF USE CAREFULLY BEFORE USING FORTYLICIOUS (the “Site”).  IF YOU DO NOT AGREE WITH THESE CONDITIONS OF USE, YOU MAY NOT USE THE SERVICE AND SHOULD NOT PROCEED TO REGISTER FOR THE CHALLENGES OR SUBSCRIBE TO OUR E-MAIL NEWSLETTER. BY USING THE SERVICE AFTR THE EFFECTIVE DATE ABOVE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE TO DATE. ANY FAILURE ON YOUR PART TO COMPLY WITH THESE CONDITIONS OF USE MAY LEAD TO THE CANCELLATION OF YOUR ACCOUNT SUBSCRIPTION AND THE RELATED PRIVILEGES.

1. ACCEPTANCE OF CONDITIONS OF USE
1.1. By using the Site and signing up for the challenges and/or subscribing to the e-mail newsletter, you acknowledge having read and understood these Conditions of Use and, accordingly, you agree to abide by them, as well as any future modifications that may be made. These Conditions of Use represent an agreement between you and Fortylicious^TM.
1.2. These Conditions of Use may be subject to change, addition or deletion at any time. Any such change will be posted on this page.  Also, if we make changes in our current Conditions of Use, they will be posted at least thirty (30) days prior to their coming into force. Please refer to these Conditions of Use regularly in case any changes are made to them.

1.3. If you do not agree to be bound by these Conditions of Use, you should not use this Site, sign up for the challenges or subscribe to our e-mail newsletter.  In addition, should you consider any future amendments made to these Conditions of Use to be unacceptable, you can cancel your account at any time.

2. PREMISES
2.1. Fortylicious operates from its offices in Toronto, Ontario, Canada.  We do not represent or warrant that all items on this Site are appropriate or available for use in other locations or jurisdictions.  Persons who choose to access this Site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. 

3. PERSONAL USE
3.1. All of the items contained on the Site are offered for your personal and non-commercial use. It is prohibited to use the items contained on this Site for commercial or advertising purposes without the prior written consent of Fortylicious.

4. LINKS
4.1. This Site may contain hyperlinks to internet sites managed by third parties.  These links are provided for convenience only.  By activating these links, you may have to leave the Site. Fortylicious has no control over internet sites owned by third parties. These sites are managed entirely by third parties and Fortylicious makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked-party’s sources (including any viruses accessed through them), the quality of the products offered, the security of performing transactions on the sites in question or the privacy policies of those sites.  Links do not imply that Fortylicious or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links or that any linked site is authorized to use any trade-mark, trade name, logo or copyright symbol of Fortylicious or its affiliates.  Fortylicious cannot be held liable for possible damages arising from the use of such third-party sites.  All complaints about third-party sites should be addressed to the administrators of those sites.

4.2 This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to, advertisements.  You agree that Fortylicious shall not have any liability whatsoever to you for any such third-party material, data or information.

5. INTELLECTUAL PROPERTY
5.1 Trademarks, logos and company names of Fortylicious or any of its affiliates used on this Site may not be copied, imitated or used, in whole or in part, without the prior written consent of Fortylicioius or any such affiliate.  Other products, services, logos and company names mentioned on this Site may be the trade-marks of their respective owners. Without limiting the generality of the foregoing, it is prohibited to reproduce the Trademarks and logos displayed on our Site for commercial or advertising purposes or to increase the number of visitors to your site.

5.2. All proprietary Items on our Site (including, without limitation, the texts, articles, photographs, images, illustrations, audio, and video excerpts and software) are protected by copyright that belong to Fortylicious or third parties acting as content providers. Except for certain clearly stated exceptions, no Items on our Site may be interpreted as giving you any right whatsoever with regard to the intellectual property of Fortylicious or of a third party acting as a content provider.

5.3. Subject to section 5.4 hereof, you may not copy, reproduce, modify, publish, distribute or participate in the transfer or sale, or create derivative works from, translate, download, grant under licence, or in any other way exploit, any item offered on our Site ( including any software), in whole or in part.

5.4 You can download or copy only for your personal use (i.e non-commercial purposes). Items from our Site provided you maintain all of the intellectual property notices they contain. Copying any item for purposes other than personal use is strictly forbidden without the prior written permission of Fortylicious.

Limited License and Copyright Subject to the terms and conditions set forth in these Conditions of Use, Fortylicious grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the contents of the e-mail newsletter and the visible text, graphics or images thereon (the “Materials”), and to view and download the Materials, only in connection your personal and non-commercial use of the Site and the Fortylicious e-mail newsletter.  This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions:  a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; b) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; c) you may not transfer the Materials to any other person without our prior written consent; d) you may not print or copy any of the HTML or other computer programs that are viewable at the Site.  This Site, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions.  You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials.  Except as expressly provided herein, Fortylicious does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trade-mark, copyright, trade secret, or confidential information of Fortylicious or any of its affiliates.

6. REPRESENTATIONS AND WARRANTIES
6.1 This Site, the Materials and the information accessible through this Site are provided “as is” without any representation or warranty, express or implied, of any kind.  Fortylicious does not warrant that this Site will operate without interruptions or that it will be error free.  Fortylicious and its affiliates hereby disclaim all warranties and conditions with regard thereto, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise at law, or from a course of dealing or use of trade. 

6.2 The Materials and information accessible through this Site, including the e-mail newsletter, may contain inaccuracies and typographical errors.  Fortylicious and its affiliates make no representations or warranties about the accuracy or completeness of the Materials or information accessible through this Site, or the reliability of any advice, opinion, statement or other information displayed or distributed through this Site.  You acknowledge that any reliance on any of the foregoing and your use of the Site shall be at your sole risk.  Fortylicious reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site.  Fortylicious may make any other changes to this Site, the Materials and the services, products described on this Site (if any) at any time without notice.

6.3 Our Site contains opinions and advice provided by our panel of experts, users and other unrelated third parties which opinions and advice do not necessarily reflect the views of Fortylicious. Fortylicious does not endorse their content. Fortylicious disclaims all liability related to any such opinions and advice. Thus, Fortylicous, its affiliates, directors, officers, employees, representatives or agents cannot in any way be held liable for any damage related directly or indirectly to the use of or reliance on such opinions and advice. You hereby acknowledge and agree that your use of our sites is at your own risk.

7. LIMITATION OF LIABILITY
7.1 IN NO EVENT SHALL FORTYLICIOUS OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, PHYSICAL DAMAGES, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOU INFORMATION HANDLING SYSTEM) RELATED TO THE USE OF, OR THE INABILITY TO USE THIS SITE, ITS CONTENTS OR MATERIAL AVAILABLE FROM THIS SITE, INCLUDING THE E-MAIL NEWSLETTER, OR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR FUNCTIONS OF THIS SITE OR ANY LINKED SITE, WHETHER OR NOT FORTYLICIOUS OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE AND THE CONTENT THEREON, OR THE CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

7.2 THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE.  THE SERVICE IS FOR CONSUMER EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THIS SITE OR THE SERVICE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SERVICES AND THE SITE ARE HERE TO EDUCATE CONSUMERS ON HEALTH CARE AND MEDICAL ISSUES THAT MAY AFFECT THEIR DAILY LIVES. THIS SITE AND THE SERVICES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. WE ADVISE USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY.

8. INDEMNITY
8.1 By becoming a subscriber, you hereby indemnify, defend and hold Fortylicious, its directors, officers, shareholders, employees, affiliates , representatives and content providers harmless from and against any and all monetary damages in principal, interest, legal and extrajudicial costs and any other damages, including without limitation, all legal costs incurred by Fortylicious related to any claim, proceeding, action or stay (“Claim”) ensuing from the non-compliance by you or any other user of your account with these Conditions of Use. Fortylicious reserves the right to participate in the defence of any such Claim and to be represented by an attorney of its choice.

10. PROMOTIONS
10.1 From time to time, Fortylicious may offer, either on or through the Site, contests, promotions or games (“Promotions”).  You agree to release Fortylicious and its agents, advertisers, sponsors and/or promotional partners, from all liability arising from participation in any Promotion located on, or accessed through the Site or through the e-mail newsletter.  You agree to be bound by the rules of any Promotion.  If you violate any such rules or guidelines for behaviour posted on the Site, you will be subject to immediate disqualification and will become ineligible to be awarded any prizes.  Fortylicious reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time without prior notification. 

11. CANCELLATION
11.1. You can cancel your subscription at any time by accessing the “Unsubscribe” section of the site at the following address: www.fortylicious.ca

11.2. Fortylicious can, at its sole discretion, cancel or suspend your subscription in whole or in part for any reason, including, without limitation, the non-compliance with these Conditions of Use.

12. PRIVACY
12.1 For information regarding Fortylicious policies and practices relating to the collection, use and storage of personal information please read our Privacy Policy.

13.  ASSIGNMENT
13.1 Fortylicious may assign any or all of its rights hereunder to any party without your consent.  You are not permitted to assign any of your rights or obligations under these Conditions of Use without the prior written consent of Fortylicious, and any such attempted assignment will be void and unenforceable. 

14. GOVERNING LAW
14.1 The laws of the province of Ontario and the laws of Canada shall govern these Conditions of Use as well as any use of the Site.

15. ENTIRE AGREEMENT
15.1 These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and Fortylicious regarding your use of the Site, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and Fortylicious regarding your use of the Site.

16. HOW TO CONTACT US ABOUT THIS POLICY
16.1. If you have any questions regarding these Conditions of Use, you can reach us at: info@fortylicious.ca