Usage of website content
Copyright ©2009, Jenny Craig Weight Loss Centres Pty Ltd 468 St.Kilda Rd Melbourne 3004, Australia ("Jenny Craig"). This Copyright notice, unless otherwise noted, applies to all proprietary pages, product names, design, images, photographs, videos, text, words or phrases, and other material ("Content") available throughout the Site as trademarks, service marks, tradenames or other property of Jenny Craig. The JENNY CRAIG trademark on this Site is owned by Société des Produits Nestlé S.A., Vevey, Switzerland. All other unregistered and registered trademarks are the property of their respective owners.
When Content of the Site is downloaded to your computer, you do not obtain any ownership in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, print of any Content or publication on any other website or networked computer environment, is strictly prohibited unless authorised in written by Jenny Craig.
Website Content
Without notice changes, movements, or deletions are made to the Content contained of the Site. Jenny Craig assumes no responsibility for and disclaims all liability for any errors or omissions on the Site or in related websites, which may be discovered through this Site. The Site contains links to other web sites. Jenny Craig is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness. The inclusion of any linked websites on the Site does not imply approval or endorsement of the linked content by Jenny Craig. If you decide to leave our Site or access third-party sites, you do so at your own risk.
Acceptable usage
In general, you must exercise judgment and responsibility with respect to your use of our Site. You may only access the Site for lawful, personal and non-commercial use provided that you may not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Site except as authorised in writing by Jenny Craig. You may not use the Site to harm others. Without limiting the generality of the foregoing, you may not:
- Use the Site in violation of any law or regulation governing Jenny Craig's business or activities, including without limitation the laws and regulations governing unfair competition, false advertising, consumer protection, obscenity, spamming, and privacy.
- Use the Site in a manner that presents a security risk or that may interfere with the operation of the Site.
- Use the Site in a manner that infringes another's copyrights, patents, trademarks, service marks, trade names, trade secrets, or other intellectual property rights, or rights of publicity.
- Use the Site to engage in libel, defamation, harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or 
wrongful publication of private information.
- Post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, profane material, hate speech, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- Introduce viruses, Trojan horses, worms, or other computer programming routines that damage, interfere with, intercept, or expropriate any system, data, or personal information.
- Use the Site to gain illegal or unauthorized access to other computers or networks through hacking or other means.
- Assist or permit any person to engage in any of the activities described above.
Forum Postings
If you decide to become a forum user of our Site, you agree to provide us with true, accurate and complete information about yourself, and to maintain and promptly update your user information to keep it accurate. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our site. You agree not to assign, transfer or sublicense your rights as a forum user of this Site.
All Forum communications are public and not private communications. Jenny Craig may from time to time monitor, review, and in its discretion edit or delete, discussions, chats, and postings on our Site; however, Jenny Craig is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality or inaccuracy contained in any information transmitted to any such locations on our Site. Jenny Craig will cooperate with law enforcement or a court order requesting or directing Jenny Craig to disclose the identity of anyone posting any information or material prohibited by these Terms and Conditions. Jenny Craig may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Jenny Craig, its clients, or the public.
Forum Conduct
You agree not to use the Site to do, or attempt to do, any of the following:
a. Upload, post, email or otherwise transmit any Content or other materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, religiously, sexually or otherwise objectionable;
b. Harm, wrongly influence or threaten children in any way;
c. Impersonate any person or entity, including, but not limited to, a consultant, center leader, program director, employee, or representative of Jenny Craig, our Affiliates or any other person or entity, or falsely state or otherwise misrepresent an affiliation with us or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting or other materials transmitted to, on or through the Site;
e. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the forum (or other portion of the Site) are able to type, or otherwise act in a manner that negatively affects other users' ability to use the forum;
f. Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, terms, conditions or regulations of networks connected to the Site;
g. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any law and/or regulations having the force of law;
h. "Stalk" or otherwise harass another user of the Site or employee of Jenny Craig or any of our Affiliates; or
i. Collect or store personal data or attempt to collect or store personal data about other users of the Site.
Comments, Feedback, and other Submissions
When, at our request, on your own behalf or by use of our Site you disclose, submit, or offer any information, photos, videos, text, graphics, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, articles, stories and other material ("Comments") about yourself or your weight loss on or by this Site these Comments will remain Jenny Craig's property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Jenny Craig of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Comments. Thus, Jenny Craig will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Jenny Craig is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any Comments.
You agree that Jenny Craig may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site contests, promotions, and/or requesting promotional information or product updates, you agree that Jenny Craig may use your information for marketing and promotional purposes.
You confirm that you are at least 18 years of age or have permission of your legal guardian at the time of submitting your Comments. You warrant that the materials & details you submit are true and correct, you own or otherwise control all of the rights to your Comments including without limitation, all the right necessary for you to disclose, submit or offer to us; any third party holder of any rights, has validly and irrevocably granted to you the right to disclose, submit, or offer any Comments. You further warrant that each person depicted in any form in your Comments has consented to the use of such. You may not upload Comments or otherwise transmit any unsolicited or unauthorized advertising or promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of commercial solicitation or promotion.
You understand that Jenny Craig may at its discretion confirm that the details that you submit match its records of your participation on the program. You warrant that your materials relate entirely to your weight loss experience with Jenny Craig and not any other weight loss method or program.
Hard- and Software requirements
Viewing and using the Site is optimised by using Microsoft Internet Explorer 6.0 or above with Javascript activated. Netscape Navigator and some other browsers may also be compatible. Please visit http://www.microsoft.com or www.netscape.com to obtain information about downloading the latest versions of those browsers.
Disclaimer
THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OFANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ORNON-INFRINGEMENT. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OFTHE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT JENNY CRAIG SHALL NOT BE LIABLEFOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Limitation of Liability
In no events hall Jenny Craig or any of its affiliates, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any special, incidental, indirect or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use or performance of this Internet site.
Miscellaneous
Descriptions of, or references to, products or publications not owned by Jenny Craig or its affiliates do not imply endorsement of that product or publication. Jenny Craig makes no warranty of any kind with respect to such products or publications or the completeness or accuracy of such information.
This Site is available internationally and may contain references to products or services not available in all countries. Reference to a particular product or service does not imply Jenny Craig intends to make such products or services available in all countries. This Site was developed in Victoria, Australia in accordance with, and use of this site shall be governed by, the laws of Victoria, Australia.
Jenny Craig's Communications to You
You agree that Jenny Craig may send electronic mail to you for the purpose of advising you of changes or additions to the Site, about any of Jenny Craig's products or services, or for such other purpose(s) as Jenny Craig deems appropriate.
GENERAL
We may change, move, or delete portions of, or may add to, the Site from time to time and without notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed.
SEVERABILITY
If any provision of this agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
NO WAIVER
A failure on the part of Jenny Craig to enforce any part of this agreement shall not constitute a waiver of any of Jenny Craig's rights under this agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of Jenny Craig shall have legal effect.
Acceptance
You understand that by using the Site, you are subject to the Terms and Conditions outlined above. You accept to be bound by all Terms and Conditions.
If you do not agree to the Terms and Conditions, YOU MAY NOT use the Site.
Revised January, 2009
