Thank you for your interest in 20 Years Younger, a subscription-based online lifestyle program (the "Program") brought to you by GFA Brands, Inc. (“GFA”) and Bob Greene Enterprises, Inc. (“BGE”).
For an ongoing subscription fee, and as a member of this Service (defined below), you'll gain full access to an online community where members can transform their lifestyle and feel 20 Years Younger using the powerful tools we have created to help you live 20 Years Younger!
1. MEDICAL INFORMATION
The Website is not a medical provider. We do not endorse or recommend the products or services of any particular health care provider or evaluate or determine your need for any particular product, service or information. We do not give individual medical, therapeutic or other medical-related advice or advocate any particular treatment or course of treatments, diagnosis, cure, therapy or other related product or service for any individuals or practitioners. You should evaluate all information provided by the Website, including information posted by other users (including Members, defined below) of the Website on your own.
THE CONTENT AND OTHER INFORMATION PRESENTED ON THE WEBSITE ARE FOR EDUCATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING OR TREATMENT. BEFORE STARTING THIS OR ANY OTHER DIET OR FITNESS PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF ONE OR MORE OF OUR DIET AND/OR FITNESS PROGRAMS ARE RIGHT FOR YOUR NEEDS. DO NOT START A DIET OR FITNESS PROGRAM WITH US IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. WE RESERVE THE RIGHT (BUT DO NOT HAVE THE OBLIGATION) TO REFUSE OR CANCEL YOUR MEMBERSHIP OR USE OF THE WEBSITE IF WE DETERMINE THAT YOU HAVE OR IF YOU INFORM US THAT YOU HAVE CERTAIN MEDICAL CONDITIONS. WE RESERVE THE RIGHT TO CANCEL YOUR MEMBERSHIP SHOULD YOU VIOLATE THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER POSTED POLICY ON THE WEBSITE. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
In becoming a Member with the intent of using the Website, you affirm that you have consulted with your health care provider who has determined that participation in the Program is appropriate and safe for you, particularly if any of the following is true or if you have any other health condition:
- You have been medically diagnosed as living with diabetes, hypoglycemia, heart disease, high cholesterol, high blood pressure, advanced liver disease, an orthopedic and/or arthritic condition, or any other underlying cardiovascular or pulmonary condition
- You have a heart condition
- You have felt chest pain when engaging in physical activity
- You have experienced chest pain when not engaged in physical activity at any time within the past month
- You have lost your balance because of dizziness and/or you have lost consciousness
- You have a bone or joint problem that could be made worse by a change in your physical activity
- Your physician is currently prescribing drugs for your blood pressure or heart condition
- You have a personal and/or a familial (i.e., genetic) history of high blood pressure or heart problems
- You are allergic to nuts, eggs, dairy products or any other foods
- You are presently following a diet plan provided to you by a physician or other medical professional for health reasons
- You are pregnant, breastfeeding or lactating
You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the content of the Website will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition and whether the Program is appropriate for you. Your participation in the Program and your use of the Services are at your own risk.
2. OFFER, PAYMENT AND BILLING TERMS
Description of Automatic Renewal Service
The subscription plans are as follows:
Plan 1: Month-to-month: Pay $19.95 per month.
Plan 2: Pay for a quarterly membership, $49.95 every 3 months. There will be no refunds should you decide to cancel your membership during a quarter period.
Plan 3: Pay for an annual membership of $149.95. The payment will be processed in one payment and there will be no refunds should you decide to cancel your membership.
You may cancel your subscription at any time after your initial registration, unless the offer you have selected specifically does not permit cancellation within a specified time period. To cancel, you must email or call customer service at firstname.lastname@example.org or 1-888-454-3313. If you wish to cancel the automatic renewal of your Service, we must receive your request by 5:00 pm ET on the last day of your subscription term in order to allow us to process your cancellation request. If we receive your cancellation request after such time, we shall charge you for the next subscription term. You may also cancel yourself by clicking to "My Account" and clicking on "Cancellation Requests." Provided you cancel in accordance with this Section, your account will be terminated effective at the end of the then current billing term (currently, 1 month). WE OFFER NO REFUNDS EXCEPT WHERE REQUIRED BY LAW.
Payment and Billing Policies
Your satisfaction is 100% guaranteed. If you are not completely satisfied with a 20YearsYounger.com purchase for any reason, please return it for a full refund within 30 days. RETURNS WITHIN 30 DAYS of purchase receive a full refund to your credit card for the price of the item(s). RETURNS AFTER 30 DAYS of the purchase may not be returned. We regret that we are unable to cover the cost of return shipping or refund your original shipping charges.
3. SPECIAL FEATURES OF THE 20 YEARS YOUNGER WEBSITE AND SERVICE
The information (including without limitation user content, advice, recommendations, physical and mental/emotional exercises (i.e., journaling suggestions), recipes, the food databases, and 20 YEARS YOUNGER related content and images) on the Website is intended solely as a general educational aid for Members and/or other visitors to the Website.
4. USER GENERATED CONTENT
GFA and BGE have created certain areas within the Website where you can upload and share your thoughts, comments, pictures, videos, journals and the like with Members and others users who visit the Website (each, a "Forum," and collectively, "Forums"). We believe this open environment enriches the online experience for those who share the same interests, goals and struggles. To help ensure that the text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials posted by users or sent electronically from user to user (collectively, the "User Content") is beneficial for the greater community, we have established some basic rules for everyone to follow in the form of these User Content guidelines (the "Guidelines").
User Content Guidelines
User Content (including email communications between users) must be appropriate for the Forum. We may reject any User Content for any reason, including without limitation for the reasons listed below. You agree not to upload any User Content or send messages to other users (including Members) that:
- is unlawful, harassing, defamatory, abusive, hateful, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
- attacks the character or damages the reputation of other users, name-calls, insults, ridicules, mocks, electronically stalks or otherwise harasses another user;
- contains material or language that is profane, pornographic, sexually graphic, ethnically offensive, "off color", political, or propaganda;
- contains crude, vulgar or offensive images or nudity;
- infringes or violates any party's Intellectual Property Rights (defined in the General Terms and Conditions section of this Agreement), including, but not limited to, using third-party copyrighted materials or the names or likenesses of others without appropriate permission and attribution, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- has been broadcasted, streamed, published or televised in any form of media, including television, books and movies;
- contains any advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings;
- uses any Forum to buy or solicit any goods, services, or money to advertise or sell products or services of others;
- depicts or describes any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;
- impersonates any person or entity; falsely states or otherwise misrepresents an affiliation with any person or entity; intentionally omits, deletes, forges, or misrepresents transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulates identifiers to disguise the origin of any User Content transmitted to the Forum;
- contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
- interferes with, disrupts, or harms in any way the Website, servers or networks connected to the Website;
- uses the Website for any illegal purpose, or violates any applicable local, state, national, foreign or international law or regulation, intentionally or unintentionally;
- promotes drugs or alcohol, illegal or inappropriate activities or dangerous behavior that may result in harm;
- posts on behalf of a banned user;
- we otherwise determines to be inappropriate for the Website or inconsistent with GFA’s or BGE’s image and reputation.
Additional Email and Electronic Messaging Rules
If you communicate directly with a Member through the Website or are supplied with a Member's email address in connection with your use of the Website and/or its social networking functionality, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, racially offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Members found using email information in this manner may, at our sole discretion, have their Membership cancelled without notice. GFA and BGE are not responsible for the content of email messages sent by its Members or from a third party.
User Content Submissions/Grant of Rights
In order to submit User Content, you must be a legal resident of the 50 United States or the District of Columbia who is of legal age of majority in your jurisdiction of residence (and at least 18 years of age).
By submitting User Content for posting, you agree that you have read and are familiar with the Guidelines. By submitting User Content for posting at a Forum, you also: (1) represent and warrant to GFA and BGE that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit User Content; (2) represent and warrant that the User Content does not constitute confidential information and is free of any claims of proprietary or personal rights; (3) agree that you are solely responsible for all User Content that you submit for posting; (4) agree that such User Content is original with you and accurate and that you own all right, title and interest in the User Content and any elements you include in the User Content, such as photographs, video footage, music tracks and the like (you may be required to provide documentation in a form acceptable to us evidencing such rights); and (5) grant to GFA and BGE and their affiliated entities an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, transferable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such User Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media, or technology now known or later developed, for any purpose, including advertising and promotional purposes by GFA and BGE and its affiliated entities, without compensation, notification, approval or any other obligation, to anyone, including yourself. Furthermore, GFA and BGE are free to use any ideas, concepts, know-how, or techniques contained in or derived from any User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation, notification, approval or any other obligation, to anyone, including yourself. You will not have any claim against GFA or BGE with respect to any use or non-use of User Content, and to the extent a claim is made against GFA or BGE or any of their affiliated entities by any third party with respect to User Content, you agree to indemnify and hold GFA and BGE and their affiliated entities harmless with respect to any such claims, including, without limitation, attorneys' costs and expenses incurred in connection therewith. When you submit User Content for posting at a Forum, you understand that GFA and BGE will have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, performance, biographical information and/or statements, throughout the world in perpetuity in any media that now exists or may exist in the future including for advertising and promotional purposes by GFA and BGE and their affiliated entities. If GFA or BGE makes use of any of the foregoing rights, you understand and agree that you shall not receive any other consideration, payment, notification or credit, nor will you have any approval over how GFA or BGE use the foregoing rights.
Responsibility for Forums, User Content and Users
You acknowledge that Forums contain the opinions and views of other users. You acknowledge further that GFA and BGE are not responsible for the accuracy of any User Content on the Website. You understand and agree that all User Content is the sole responsibility of the person with whom the User Content originated. You understand and agree that you will evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. You acknowledge and agree that, beyond providing and facilitating the Forums, GFA and BGE have no control over or oversight of, and will not participate or otherwise be involved in, your dealings with any other users. Any outside communications, transactions or other dealings that you may have or enter into with any other user of the Forums are solely between you and such other user.
Violations of the Guidelines
If you violate the Guidelines, your actions may result in a warning, suspension, or permanent banning from participation in Forums. The decision to restrict access to the Forums is made at our sole discretion. We reserve the right to restrict access to the Forums and the Website from any user at any time for any reason, with or without warning. If you see a message you believe violates the Guidelines please contact us at email@example.com.
GFA and BGE and their designees have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any User Content that is available via a Forum at any time.
5. GENERAL TERMS AND CONDITIONS
If you have any questions or concerns with respect to this Agreement or the Website, you may contact a representative by emailing firstname.lastname@example.org.
You may also contact us at:
Bob Greene Enterprises, Inc
1303 Corona Avenue
The Villages, FL 32159
Website Intended Audience: Age and Location
The Website is intended for and directed to adults in the United States. In order to use the Website and/or become a Member, you must be at least the legal age of majority in your jurisdiction of residence (and at least 18 years of age). GFA and BGE make no representation or warranty that the content and materials on the Website are appropriate or available for use in locations outside the United States (i.e., the 50 United States and the District of Columbia). Those who choose to access the Website from locations outside the United States do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. GFA and BGE reserve the right, at any time in their sole discretion, to limit the availability and accessibility of the Website to any person, geographic area, or jurisdiction we so desire.
Modifications to this Agreement
Ownership, Trademarks and Copyright
All right to, title to, and interest in the content displayed on the Website, including without limitation, the Website's look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of or are otherwise owned, controlled or licensed by GFA and BGE or their applicable partners, agents or third parties. The Website and the content herein are protected by worldwide copyright and trademark laws. 20 YEARS YOUNGER is a registered trademark of the BGE. All rights reserved. All other trademarks appearing on www.20yearsyounger.com are the property of their respective owners.
Protection of Intellectual Property Rights and License
You acknowledge that content available through the Website, including without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers, is protected by copyrights, trademarks, patents, or other proprietary rights and laws ("Intellectual Property Rights"). Except as expressly authorized by us herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any content (including without limitation, any software) available through the Website. You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of becoming a Member, submitting payment information, or using the Website as a shopping resource or educational resource, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy or use the content obtained through the Website in any other way or for any other purpose. You may not copy, reprint, modify, distribute, or sell content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other websites, regardless of whether you receive compensation, without our prior written permission. You may not frame any trademark, logo, or other proprietary information on this Website without our express written consent. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of GFA’s or BGE’s Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
Digital Millennium Copyright Act (DMCA) Infringement Notification
If you believe that any of the materials on our web site infringe your copyright, whether User Content or otherwise, you should notify us of your copyright infringement claim in accordance with the procedures described below. We will process claims of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Any claimed copyright infringement notifications should be sent to this our designated agent:
20 Marshall Street
Norwalk, CT 06854
To be effective, the notification must be in writing and contain the following information (see DMCA, 17 U.S.C. § 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Links to Other Websites
The Website may provide links or references to other websites ("Third Party Site(s)"), but we have no responsibility for such Third Party Sites and shall not be liable for any damages or injury arising from your use of any Third Party Site. Any links to any Third Party Sites are provided solely as a convenience to you and should not be construed as an endorsement by GFA or BGE of content, items, or services available on those Third Party Sites. Your access and use of such Third Party Sites, including the content, items, or services available on those Third Party Sites, is solely at your own risk. GFA and BGE make no representations or warranties with respect to the content, ownership, or legality of any such Third Party Sites. You agree that GFA and BGE have no responsibility or liability for the availability of any Third Party Site, or for the content, advertising, products, or other materials available through such Third Party Sites.
In connection with your use of the Service, you acknowledge and agree that you will not:
- copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, create a database in electronic or structured form by systematically and/or regularly downloading, caching or storing all or any content, reproduce, publish, license, create derivative works from, transfer, sell or in any other way commercially exploit any information, software, products, content or services obtained through the Service;
- access the Service by any means other than through the standard industry-accepted or authorized interfaces;
- transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may infringe upon another's right of privacy or publicity;
- impersonate any person or entity, including without limitation, a GFA or BGE employee or affiliate, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
- post or transmit any material that contains a virus or corrupted data;
- delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- use any of the Service features in a manner that adversely affects the availability of its resources to, or enjoyment by, other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
- violate any applicable local, state, provincial, national or international law;
- upload or transmit any material that infringes any patent, trademark, trade secret, copyright, moral right, or other proprietary rights of any party, including without limitation, rights of publicity or privacy;
- manipulate or otherwise display the Service by using framing or similar navigational technology;
- register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any 20 YEARS YOUNGER product or service if you are not expressly authorized by such party to do so; or
You may not use the Service in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other user's use and enjoyment of the Service. Furthermore, you may not attempt to gain unauthorized access to any of the Service, other Website services, accounts, computer systems or networks connected to GFA or BGE through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
THE INFORMATION IN THIS WEBSITE AND ANY COMMUNICATIONS THEREFROM IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER GFA, BGE NOR THEIR SUPPLIERS OR AGENTS ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. GFA AND BGE AND THEIR SUPPLIERS AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, ITEMS, OR OTHER MATERIAL ON THE WEBSITE. WHILE GFA AND BGE STRIVE TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, GFA AND BGE AND THEIR SUPPLIERS AND AGENTS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.
Disclaimer of Warranties With Respect to Use of Website
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GFA AND BGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. GFA AND BGE DO NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. GFA AND BGE MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GFA AND BGE OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL GFA OR BGE, THEIR SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS BE LIABLE FOR LOSS OR INJURY OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY PHYSICAL HARM, ILLNESS, DEATH, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; OR (4) PARTICIPATION IN THE PROGRAM AND ANY OTHER USE OF THE SERVICES.
You agree to indemnify and hold harmless GFA and BGE and their directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Website; information you submit or transmit through the Website; your breach of this Agreement; and your connection to the Website.
Modification or Suspension of the Website
You agree that we may, in our sole discretion, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that GFA and BGE will not be liable for the consequences of doing so. In the appropriate instances, and solely in our discretion, will refund a portion of membership fees to Members.
You agree that we may, in its sole discretion, and at any time, terminate your use of the Website, without prior notice to you, for any reason that we, in its our discretion, deem appropriate. You further agree that GFA and BGE will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Website. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Indemnification, Disclaimer of Warranties, Limitation of Liability, and Applicable Law shall survive any such termination.
Severability of Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitations of Actions Brought Against GFA or BGE
You agree that any claim or cause of action arising out of your use of the Website or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
The Agreement and the resolution of any dispute related to the Agreement, the Website, or items you purchase through the Website shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law.
© 2011 GFA Brands, Inc. and Bob Greene Enterprises, Inc. All rights reserved.