PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS E-COOKBOOK. By using this Cookbook, you agree to these Terms & Conditions. If you do not agree to these Terms & Conditions, you should not use this Cookbook, and if applicable, you should arrange to return the Cookbook for a full refund of monies paid to me by you, if any, for the Cookbook.
Restriction on Use of Materials
Unless otherwise specified, and in exchange for funds you paid to me and I received from you, I grant you a non-exclusive, non-transferable, limited right to use the materials contained herein. These materials provided herein, are for your personal, non-commercial use. You acknowledge that this Cookbook contains information, photos, text, graphics, creative suggestions, comments, ideas, recipes, notes, and other materials (collectively "Content") that are protected by copyrights and that these rights are valid and protected in all forms now existing or hereinafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws). I own the copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to use of any Content in printed form or in any other form is strictly prohibited unless you receive our prior written consent. Consent is given to print the Content for your own personal use.
Links
I provides link to other internet sites only as a convenience. These links are not under my control. I do not endorse any companies associated with these links, nor am I responsible for the contents of these sites. Please view them at your own risk.
Third Party Products and Services
You may order services, merchandise or other products through this Cookbook from other parties (collectively "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. I make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider me (and I will not be construed as) a party in such transactions, whether or not I may have received some form of revenue or other remuneration in connection with such transactions, and I will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
Endorsements
Any and all product names used on this website are copyright and trademarks of their respective owners. None of these owners have sponsored, authorized, endorsed, or approved this website.
Copyright Complaints
I respect the intellectual property of others and I ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact me immediately. I will remove any material that violates copyright law. You may read an explanation, Form Letter 122, issued by the Library of Congress at their website.
Health Disclaimer
This Cookbook provides Content designed for use with Michael Thurmond's Six Week Body MakeoverTM weight loss program by Provida Corp. It is intended only to assist users in their personal weight loss efforts. I am not a medical doctor and cannot provide you with medical advise or diagnosis. Nothing contained herein should be construed as such advise or diagnosis. The information is generated by me and should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged to seek the advise of a physician before beginning any weight loss effort or regimen. The Content is intended for use only by healthy adult individuals. The Content 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 advise prior to using the Content contained herein.
Disclaimers of Warranty
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS E-COOKBOOK ARE PROVIDED "AS-IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER MYSELF, ANY OF MY AFFILIATES, NOR ANY OF MY OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS E-COOKBOOK OR ANY FUNCTION CONTAINED THEREIN WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS E-COOKBOOK IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS E-COOKBOOK IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
NEITHER MYSELF, ANY OF MY AFFILIATES, NOR ANY OF MY OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS E-COOKBOOK IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ME AND MY AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM: [A] THE USE OR INABILITY TO USE THIS E-COOKBOOK, [B] THE USE OF ANY CONTENT OR OTHER MATERIAL IN THE E-COOKBOOK, [C] THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS E-COOKBOOK, [D] UNAUTHORIZED ACCESS TO OR ALTERATION OF THIS E-COOKBOOK, [E] STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN THIS E-COOKBOOK, OR [F] ANY OTHER MATTER RELATING TO THIS E-COOKBOOK. IN NO EVENT SHALL MY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PURCHASE OF THIS E-COOKBOOK, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REQUEST, IN WRITING, A REFUND OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE PURCHASE OF THIS E-COOKBOOK.
Indemnification
You agree to indemnify, hold harmless and, at my option, defend me and my affiliates, and my and their officers, directors, employees, stockholders, agents and representatives, and relatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Cookbook or my products or offerings, your violation of these Terms & Conditions, or your infringement of the intellectual property or other right of any person or entity.
Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Cookbook or these Terms & Conditions shall be filed only in the state or federal courts located in San Bernardino County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Miscellaneous Terms
In any action against me arising from the use of this Cookbook, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to, its costs, both taxable and non-taxable, and reasonable attorney's fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions are the entire agreement between you and me relating to the subject matter herein.
I may assign my rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of my successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
