20 Years Younger TERMS OF USE

 

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!

The Terms of Use are provided below, so please take a moment to review them before you sign up.

This Internet website ("Website"), located at www.20yearsyounger.com, is provided to you under these "Terms of Use" and any amendments or supplements to them that may be posted by GFA and BGE (together referred to as "us", "our", "we ") from time to time (collectively referred to as this "Agreement"). Your use of the Website constitutes your consent to be bound by the terms and conditions of this Agreement, and your continued use of the Website constitutes your consent to be bound by any modifications made to the terms and conditions of this Agreement, and shall be enforceable in the same way as if you had signed this Agreement. If you are not willing to accept the terms and conditions in this Agreement, do not use the Website or order any items or membership services (the "Service(s)") from it.

 

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.

The process of subscribing to the 20 YEARS YOUNGER Program via the Website and becoming a member (a "Member") requires entry of certain personal information and, among other conditions of membership, agreement with these Terms of Use in order to gain access to the Website. Any health and/or medical condition information you provide to us about yourself is strictly optional and is not evaluated by us. Any such information you choose to provide will be maintained according to our Privacy Policy.

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

20 YEARS YOUNGER is an automatically renewing subscription-based service. As more fully described below, by becoming a subscriber to the Service (a Member), you will be charged the fee for the subscription term that you select in the signup/registration process. You may choose a monthly or annual automatically renewing subscription. In the event you subscribe to the Service, you shall immediately be charged the entire amount equivalent to the advertised price for either 1 month, 3 months or 1 year of service, depending upon the term that you selected. UNDER THESE TERMS OF USE, IF YOU CANCEL YOUR SUBSCRIPTION, YOU ARE NOT ELIGIBLE FOR ANY REFUND FOR THE CURRENT TERM FOR WHICH YOU ARE SUBSCRIBED, EXCEPT WHERE REQUIRED BY APPLICABLE LAW. Your subscription will automatically renew at the end of each subscription term. Your renewal subscription will have the same duration as the subscription being renewed (e.g. one month, one year, etc.) YOU CAN CANCEL ANYTIME AFTER YOU HAVE SIGNED UP, AND WILL NOT BE BILLED AGAIN. 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 by one of the methods described in the Cancellation Policy below. If we receive your cancellation request after such time, you will be charged for the next subscription term. (See Cancellation Policy below.)

Pricing Plans

 

As of the date these Terms of Use were last modified there are three subscription plans available. New subscription plans may become available and the current pricing structure below is subject to change until the time in which you officially accept one of our offers by agreeing to these Terms of Use and successfully submitting payment.

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.

 

GFA and BGE may, from time to time, offer free trials and promotions that could alter or discount the above-listed pricing plans. These free trials may be made available through television programs, in conjunction with our food partners, or via any other means in our sole discretion. Such free trials will be subject to additional terms and conditions set forth with the free trial offer at the time such free trial offer is made and are incorporated by reference into these Terms of Use.

 

Cancellation Policy

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 support@20yearsyounger.com 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

You hereby authorize GFA and BGE to charge your credit card for the renewal term, which will be 1 calendar month (depending on the subscription plan you selected) at the then current subscription fee. You may cancel your subscription at any time in accordance with the instructions above. The same credit card that you used to subscribe initially will be automatically charged on a monthly or yearly basis depending on your subscription plan for as long as you retain your subscription to the Service. At any time, you may change your payment method by accessing My Account. Except where prohibited by law, you agree that GFA and BGE are not obligated to send you any renewal or advance billing notices indicating that your credit card will be or has been charged.  Please note that the only accepted method of payment is by credit card.  GFA and BGE not accept debit card payments at this time. You agree to notify us immediately via the customer service email support@20yearsyounger.com if you discover that the card number you provided to us when you registered for your subscription is a debit card number, or if your credit card information changes.  In conjunction with the Service, certain products or additional services may be offered for sale on the Website. In the event you wish to purchase any goods or subscribe to the Service and become a Member, you will be asked by us to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the Terms of Use of any agreement that you may enter into governing your purchases on the Website. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.  If you subscribe to the Service you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees, charges or terms without notice. All charges are billed in U.S. Dollars and are subject to other fees, which the institution issuing your credit card may impose.  Your right to use the Service is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account. You are required to pay any amounts still owed to us at the time your account is suspended or terminated. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your payment information by visiting My Account. If your credit card reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. GFA and BGE may, but are under no obligation to, send you an email reminder when the credit card you use for payment is about to expire, and you agree to receive such email communications and accordingly update your payment information.  To review the billing terms of your account, you may access your account details via My Account.

 

 

Returns

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.

 

Special Offers

From time to time special offers may be made by GFA and/or BGE. The listing of special offers does not indicate that it is available to you or that it will ever be made to you or all other subscribers or potential subscribers. Special offers shall only be available to you if you receive a valid offer from us. If you have affirmatively responded to one of these special offers, the Terms of Use shall apply that are stated in the special offer promotional materials and any related sign-up procedure.

 

Electronic Communications

 

As part of the Service, you will receive periodic email communications from us concerning the status of your subscription account, timely notice related to being charged your automatic renewal, and certain promotional opportunities. Except for the promotional offers, you affirmatively consent to receive those emails from the date on which you agree to these Terms of Use despite any previous request you might have made to opt-out of receiving additional emails from us. Because email communications are critical to providing you timely notice regarding changes in Service policies or required updates in your account profile, you cannot maintain your subscription to the Service without receiving emails from us about your account and the Service for the duration of your subscription. However, you can opt-out of receiving promotional email from us regarding other services on the Website or other unrelated offers by using the opt-out mechanism provided in such email without jeopardizing your ability to participate in the Service.

 

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.

Results of the 20 YEARS YOUNGER Program may vary, and the 20 YEARS YOUNGER Success Stories are provided for inspirational purposes only and may not be representative of your experience when incorporating certain 20 YEARS YOUNGER principles into your daily lifestyle.  Visit the 20 YEARS YOUNGER Store, which is subject to its own Privacy Policy and Terms of Use, at http://www.shop20yearsyounger.com.

 

4. USER GENERATED CONTENT

 

The Guidelines

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").

Please note that if you choose to make your member profile viewable by other members (i.e., make such profile "public") or submit any information or content to the message board, any information or content you submit, including any personally identifiable and/or health information, is public and is not protected like other information you submit on the Website which is subject to our Privacy Policy. Public information or content may be viewed and used by other Members in ways we cannot predict or control.

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 support@20yearsyounger.com.

Our Rights

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.

GFA and BGE reserve the right, in their sole discretion, to refuse access to a Forum by any user for any reason. Without limiting the foregoing, GFA and BGE and their designees will have the right to remove any User Content that violates the Guidelines or that we, in our sole discretion, find objectionable, whether for legal or for other reasons. You understand that the technical processing and transmission of the Website, including your User Content, may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these guidelines; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of GFA and BGE the Website, its users, and the public. Details regarding our use of personally identifiable information included in User Content are set forth in our Privacy Policy.

 

5. GENERAL TERMS AND CONDITIONS

 

Contact Information

 

If you have any questions or concerns with respect to this Agreement or the Website, you may contact a representative by emailing support@20yearsyounger.com.
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

We  may make changes to this Agreement from time to time in its sole discretion, and will post any such changes on the Website. Your continued use of the Website or placement of orders (including without limitation subscribing as a Member) following the posting of changes constitutes your acceptance of any such changes, and you should therefore check the Terms of Use frequently for updates.

 

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:

 

Luke Scott
Madisonmott.com
20 Marshall Street
Norwalk, CT 06854

Email: agent@20yearsyounger.com

 

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):

 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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;
4. 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;
5. 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;
6. 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.

Promotions

We may occasionally provide contests, sweepstakes, games and other 20 Years Younger or third party promotions to its subscribers and other registered users. The rules, regulations and procedures governing any of the foregoing promotions shall be accessible through a hyperlink displayed on the web page where the applicable promotion is located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures, all of which are hereby incorporated by reference into these Terms of Use. Please remember to read the rules carefully before participating.

Prohibited Activities

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
• use the Website or the Service for any purpose that is unlawful or prohibited by these Terms of Use.

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.

 

Information Disclaimer

 

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.

 

Privacy

 

The information that we obtain through your use of the Website, whether through the registration process or otherwise, is subject to our Privacy Policy. The Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Website. If you are unwilling to accept the Terms of Use of the Privacy Policy, do not use the Website or order any items from it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Website. If you find that you are a victim of identity theft and it involves a GFA or BGE account, you should notify customer service at support@20yearsyounger.com. You should also report this instance to all your card issuers, as well as your local law enforcement agency. GFA and BGE reserve the right to place any account on hold anytime with or without notification to the member in order to protect themselves and their partners from what it believes to be fraudulent activity. GFA and BGE are not obligated to credit or discount a membership for holds placed on the account by either a representative of GFA or BGE or by the automated processes of GFA or BGE.

 

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.

 

Indemnification

 

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.

 

Termination

 

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.

 

Applicable Law

 

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.