Acceptable Use Policy - Legal Notices
Welcome to the Jenny Craig Web site ("Site"). Please review the following basic terms that govern your use of our Site. Your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement").
ACCEPTABLE USE POLICY
Users of our Site must comply with this Acceptable Use Policy. By using the Site, you agree to comply with this Policy and to indemnify Jenny Craig against any claims by third parties arising from your violation of this Policy. In general, you must exercise judgment and responsibility with respect to your use of our Site. You may only use the Site for lawful purposes and may not use the Site to harm others. Without limiting the generality of the foregoing, you may not:
- Use the Site in violation of any law or regulation governing Jenny Craig's business or activities, including without limitation the laws and regulations governing unfair competition, false advertising, consumer protection, obscenity, spamming, and privacy.
- Use the Site in a manner that presents a security risk or that may interfere with the operation of the Site.
- Use the Site in a manner that infringes another's copyrights, patents, trademarks, service marks, trade names, trade secrets, or other intellectual property rights, or rights of publicity.
- Use the Site to engage in libel, defamation, harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or
wrongful publication of private information.
- Post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, profane material, hate speech, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- Introduce viruses, trojan horses, worms, or other computer programming routines that damage, interfere with, intercept, or expropriate any system, data, or personal information.
- Use the Site to gain illegal or unauthorized access to other computers or networks through hacking or other means.
- Assist or permit any person to engage in any of the activities described above.
The Site as a whole is protected by copyright and trade dress, including all materials, images, illustrations, designs, icons, photographs, video clips, testimonials, menus, and other materials that appear as part of this Site (collectively, the "Contents"). Unless noted to the contrary, all trademarks and other intellectual property on this Site are owned by SociÃ©tÃ© des Produits NestlÃ© S.A., Vevey, Switzerland, including but not limited to JENNY CRAIG, JENNYCRAIG.COM, and JENNY'S CUISINE.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise or services from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
Jenny Craig may from time to time monitor, review, and in its discretion edit or delete, discussions, chats, and postings on our Site; however, Jenny Craig is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality or inaccuracy contained in any information transmitted to any such locations on our Site. Jenny Craig will cooperate with law enforcement or a court order requesting or directing Jenny Craig to disclose the identity of anyone posting any information or material prohibited by this Policy. Jenny Craig may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Jenny Craig, its clients, or the public.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Jenny Craig on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site or otherwise (collectively, "Comments") shall be and remain Jenny Craig's property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Jenny Craig of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Comments. Thus, Jenny Craig will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Jenny Craig is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any Comments.
You agree that Jenny Craig may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site contests, promotions, and/or requesting promotional information or product updates, you agree that Jenny Craig may use your information for marketing and promotional purposes.
JENNY CRAIG'S COMMUNICATIONS TO YOU
You agree that Jenny Craig may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Jenny Craig's products or services, or for such other purpose(s) as Jenny Craig deems appropriate.
LINKS TO OTHER SITES
For your convenience and enjoyment, our Site may provide links to web sites that are not operated by Jenny Craig. These links do not mean that Jenny Craig endorses, approves, or sponsors the linked site or any information, products, or services contained in such site, nor is Jenny Craig liable for any damage that might result from your use of such information, products, or services.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT JENNY CRAIG SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions. We may correct errors, inaccuracies, or omissions and change or update information at any time without notice. We apologize for any inconvenience this may cause you.
This Agreement is effective unless and until terminated by either you or Jenny Craig. You may terminate this Agreement at any time. Jenny Craig may terminate this Agreement at any time without notice and deny you access to the Site, if in Jenny Craig's sole discretion you fail to comply with any term or provision of this agreement. A termination by Jenny Craig under the previous sentence shall not limit Jenny Craig's other rights and remedies available under law or equity. Upon any termination of this agreement by either you or Jenny Craig, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under this agreement or otherwise.
We may change, move, or delete portions of, or may add to, our Site from time to time and without notice. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.
If any provision of this agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
A failure on the part of Jenny Craig to enforce any part of this agreement shall not constitute a waiver of any of Jenny Craig's rights under this agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of Jenny Craig shall have legal effect.
Unless otherwise specified and except to the extent Jenny Craig products or services are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Jenny Craig's products and services available in the United States and select foreign markets. This Site is controlled and operated by Jenny Craig from its offices in Carlsbad, California.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in San Diego County, California.
Revised October, 2008