Terms of Use

PLEASE read these terms and conditions of use carefully before using this website.

By using TSFL.COM and the subdomain of TSFL.COM (replicated sites), or any other Website owned or operated by Take Shape for Life, Inc. ("TSFL WEBSITES"), you agree to be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditons of Use, please do not use the TSFL WEBSITES. We reserve the right to change these Terms and Conditions of Use, in whole or in part, at any time with or without notice. You should always check these Terms and Conditions of Use prior to using the TSFL WEBSITES. Your continued use of the TSFL WEBSITES following the posting of changes to these Terms and Conditions of Use will mean you accept those changes.

If you are a Health Advisor or Health Professional, you have additional terms and conditions contained in TSFL's Policies and Procedures and in your TSFL Independent Health Advisor Application.

Restricted uses
The TSFL WEBSITES are owned and operated by Take Shape for Life, Inc. (referred to as "TSFL", "we", "us" and "our"). The contents of the TSFL WEBSITES are copyrighted under United States copyright laws. Except as stated herein, none of the material on the TSFL WEBSITES may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. However, you may download material for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in any material included in or accessed through the TSFL WEBSITES and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such downloaded material for any commercial purpose. Modification of the materials or use of the materials for any other purpose is a violation of TSFL's copyright and other proprietary rights.

"TSFL" and the other Take Shape for Life or Medifast trademarks, trade names, service marks and logos appearing in the TSFL Website are proprietary trademarks of Take Shape for Life, Inc and Medifast, Inc. The use of any of our trademarks or any other content on the TSFL WEBSITES, except as expressly provided in these Terms and Conditions of Use, is strictly prohibited.

E-mail
TSFL may offer e-mail functions as part of the TSFL WEBSITES (referred to as "Interactive Medium"). You may not submit or broadcast any material that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Please do not submit or broadcast any material that is protected by copyright, patent, or other proprietary right without obtaining permission of the copyright or patent owner or rightholder.

The e-mail function shall not be used for any commercial purposes, other than the promotion of your independent Take Shape for Life business. You will not submit any material to solicit funds or to promote, advertise, or solicit the sale of any other goods or services. You are expressly prohibited from soliciting other guests of the TSFL WEBSITES to become members of any commercial online service or organization, other than Take Shape for Life, Inc.

Any information or material submitted by you to your replicated website will be deemed non-proprietary and non-confidential, and may be used by TSFL without restriction. Without limiting the foregoing, by offering any information or material through your replicated website, you grant to TSFL the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, edit, publish, make derivative works from and distribute such information or materials in any and all forms and media, now or hereafter discovered. Notwithstanding the foregoing, all personal data (e.g., name, address and telephone number) provided to TSFL will be handled in accordance with TSFL's Security and Privacy Statement.

We reserve the right, in our sole discretion, to edit any submission, and to choose to include or not include such submission in the TSFL WEBSITES. The TSFL WEBSITES may include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other content expressed by third parties are those of such third parties and not of TSFL. TSFL does not endorse any such opinion, statement or other material posted on or accessible through the replicated websites.

Intended audience
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products available in the United States and its territories and possessions. TSFL controls and operates this Website from its offices located in the State of Maryland, United States of America. TSFL makes no representation that materials contained in this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Disclaimer
THE TSFL WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TSFL MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE TSFL WEBSITES. ANY RELIANCE ON OR USE OF SUCH MATERIAL SHALL BE AT YOUR SOLE RISK. TSFL MAKES NO REPRESENTATION OR WARRANTY THAT THE TSFL WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TSFL WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Hyperlinks to or from other sites
TSFL is not affiliated or associated with sponsors or producers of any third-party websites that hyperlink to or from the TSFL WEBSITES. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the TSFL WEBSITES from such third parties. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the TSFL WEBSITES, since these third-party sites are owned and operated by independent retailers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party.

Limitation of liability
IN NO EVENT SHALL TSFL BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE TSFL WEBSITES, EVEN IF TSFL OR AN TSFL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TSFL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THIS SITE.

Indemnification
You will indemnify and hold Take Shape for Life, Inc and Medifast, Inc., and its parent company, subsidiaries, affiliates, directors, officers, agents, contractors or other partners, and employees, harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of material or information you submit, post to or transmit through a Interactive Medium, your use of the TSFL WEBSITES, your connection to the TSFL WEBSITES, your violation of the Terms and Conditions of Use, or your violation of any rights of another.

Miscellaneous
These Terms and Conditions of Use shall be governed by the laws of the State of Maryland, without regard to its conflicts of laws principles. You agree that any lawsuit arising out of or relating to these Terms and Conditions of Use shall be filed only in the courts located in Owings Mills, Maryland and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such lawsuit. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.