GlobalCom Solutions Inc., Terms of Service
Terms of Service
Welcome to MyBodyMassIndex. When using the MyBodyMassIndex website and services, you agree to the terms and conditions listed on this page (the "Terms of Service"). If you do not agree to these Terms of Service please do not use the MyBodyMassIndex site and do not register for any of the products or services. In addition to using MyBodyMassIndex site you may use particular websites owned and operated by GlobalCom Solutions Inc.
Description of Service
MyBodyMassIndex currently uses its global coverage and reach to match customers with relevant products and services. You have access to a series of news, tools, health & beauty, finance choices, success stories, market place, graphics, trademarks (collectively “Content”) and customized information.
You are permitted to use the MyBodyMassIndex site for personal, non-commercial purposes only.
Content and Materials
You acknowledge that the MyBodyMassIndex site contains "Content", as defined above, that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. All Content is copyrighted as a collective work under the Canadian copyright laws, and MyBodyMassIndex owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The MyBodyMassIndex’s name and logo are trademarks of GlobalCom Solutions Inc. All other trademarks appearing on the MyBodyMassIndex sites are trademarks of their respective owners. MyBodyMassIndex's content partners may also have additional proprietary rights in the content that they make available through the MyBodyMassIndex site. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited.
Privacy Policy
The MyBodyMassIndex Privacy Policy describes how we treat personal information provided when you use our service. You can review the full policy by clicking here. There is no guarantee that personal information and transactions on this web site or on the Internet will be maintained secure and confidential.
Email Marketing Guidelines
The MyBodyMassIndex site provides access to permission-based email services. If you elect to subscribe to any of our email services, your use of the account is also governed by our Email Terms of Service.
MyBodyMassIndex reserves the right to prohibit the distribution or publication of any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services that has not been approved by MyBodyMassIndex in writing in advance of distribution.
You agree to not use the MyBodyMassIndex Email Marketing Service (Newsletter) to:
- harm minors in any way;
- upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, MyBodyMassIndex personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email 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, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email 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 hardware or telecommunications equipment;
- interfere with or disrupt the MyBodyMassIndex site or servers or networks connected to the MyBodyMassIndex site, or disobey any requirements, procedures, policies or regulations of networks connected to the MyBodyMassIndex site;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another member or user of the MyBodyMassIndex site; or collect or store personal data about other users or members.
Under no circumstances will MyBodyMassIndex be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred because of the use of any Content posted, emailed or otherwise transmitted via the MyBodyMassIndex site.
It is our policy to respect the privacy of all users. Therefore, in addition to our Privacy Policy, we will not monitor, edit, or disclose the contents of a user or member e-mail unless required in the course of normal maintenance of the MyBodyMassIndex site and its systems or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on MyBodyMassIndex; (2) protect and defend the rights or property of MyBodyMassIndex; or (3) act in an emergency to protect the personal safety of our users or the public.
MyBodyMassIndex reserves the right to monitor some, all, or no areas of the MyBodyMassIndex site for adherence to these or other rules that may be published from time to time. MyBodyMassIndex may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, MyBodyMassIndex, in its sole discretion, may terminate your opt-in subscription or participation in any communications for any reason.
Submissions
If at our request you send content (e.g., postings to chat, blogs, or contests) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of MyBodyMassIndex. None of the Submissions shall be subject to any obligation of confidence on the part of MyBodyMassIndex, and MyBodyMassIndex shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, MyBodyMassIndex shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
Links and Search Results
The MyBodyMassIndex site may provide, or third parties may provide, search results or other links to other World Wide Web sites or resources. Because MyBodyMassIndex has no control over such sites and resources, you acknowledge and agree that MyBodyMassIndex is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MyBodyMassIndex shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. A link to another web site should not be construed to mean that MyBodyMassIndex is associated or affiliated with, or is legally authorized to use any trade name, trademark, copyright symbol, or logo that may be in the link or description of the link.
Disclaimers
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE MyBodyMassIndex WEB SITE IS OWNED AND PRODUCED BY GLOBALCOM SOLUTIONS INC AND ITS SUBSIDIARY AND AFFILIATE CORPORATIONS, SUCCESSORS, AND ASSIGNS.
THE MyBodyMassIndex SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK. MyBodyMassIndex EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITATION, MyBodyMassIndex MAKES NO WARRANTY THAT THE MyBodyMassIndex SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE MY WAY SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE MyBodyMassIndex SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MyBodyMassIndex SERVICE 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 MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM MyBodyMassIndex PERSONNEL OR THROUGH THE MyBodyMassIndex SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.
Disclaimer Regarding 3rd Party Sites
MyBodyMassIndex makes no guarantees as to the sites and information located worldwide throughout the Internet which you may access as a result of the use of the MyBodyMassIndex Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the MyBodyMassIndex Service may locate unintended and objectionable content. The mention of another party or its product or service on this web site should not be construed as an endorsement of that party or its product or service.
Disclaimer Regarding Financial Information
The MyBodyMassIndex allows you to obtain information on companies, stock prices, bonds, and other investments or financial matters. MyBodyMassIndex, including all such financial information, is provided for informational purposes only, and no information you may obtain is intended by MyBodyMassIndex to be used for trading or investing purposes. MyBodyMassIndex shall not be responsible for the accuracy, usefulness or availability of any information transmitted via the MyBodyMassIndex site, and shall not be liable for any trading or investment decisions made based on such information.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MyBodyMassIndex SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MyBodyMassIndex HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MyBodyMassIndex SITE; (ii) 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 THE MyBodyMassIndex SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MyBodyMassIndex SITE; OR (v) ANY OTHER MATTER RELATING TO THE MyBodyMassIndex SITE. IN NO EVENT SHALL MyBodyMassIndex SITE’S 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 ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MY WAY, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY MY WAY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and Modification
You agree that MyBodyMassIndex, in its sole discretion, may terminate your password, account (or any part thereof) or use of the MyBodyMassIndex site, and remove and discard any Content within the MyBodyMassIndex site, for any reason, including, without limitation, for lack of use or if MyBodyMassIndex believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Further, you agree that MyBodyMassIndex shall not be liable to you or any third-party for any termination of your access to the MyBodyMassIndex site. We reserve the right, at our discretion, to change, add, or remove portions of these Terms of Service at any time. Please check back at this webpage periodically for changes. Your continued use of MyBodyMassIndex following the posting of changes to these terms will mean you accept those changes.
Governing Law and Other Miscellaneous Terms
The laws of the province of British Columbia and the laws of (CANADA) applicable therein shall govern as to the effect, validity and interpretation of this agreement, notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the court of the Province of British Columbia in any action or proceedings instituted under or related with this agreement.
Copyright and Copyright Notices
MyBodyMassIndex respects the intellectual property of others, and we ask our users to do the same. MyBodyMassIndex may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MyBodyMassIndex's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please contact MyBodyMassIndex site's Copyright Agent for Notice of claims of copyright infringement as follows:
GlobalCom Solutions Inc
Suite 302 – 1111 Lonsdale Avenue
North Vancouver, British Columbia
Canada V7M 2H4
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