Terms of Use

Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THE SITE. By using this site, you signify agreement to these terms of use. If you do not consent to these terms of use, please do not use the site. By registering and continuing to use the site, you are giving us your approval to collect and make certain uses of Personally Identifiable Information, such use as described in our Privacy Policy, so please review that policy carefully before you register and use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. We will advise you of any substantive changes, but you should check these terms periodically for other changes. Your continued use of this site following the posting of changes to these terms (including our Privacy Policy) signifies your acceptance of those changes.

Company Information: This site is owned and operated by Buckapound LLC (referred to as the "Company”, "we," "us," or "our" herein).

Intended Use:
This site is intended for use only by residents of the United States, Canada, and Puerto Rico, and only by Persons 18 years of age and older. By registering and continuing to use this site, you are certifying that you meet these restrictions. In order to use the site, unless you are participating in a sponsored program, in most instances, you must have a valid Visa, MasterCard, Discover, or American Express Credit or Debit Card.

Disclaimer:
The information and suggestions provided on this site are solely intended to help promote improved health. They do not constitute medical advice and should not be considered a substitute for proper medical advice and care provided by a physician or other qualified health care professional. The Company assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information. Always consult with your doctor for appropriate examinations, treatment, testing, and care recommendations. Do not rely on this site as a tool for self-diagnosis and/or self-treatment.

If your physician or other medical professional feels you have any medical condition that would make modest weight loss inadvisable, you should not participate in this program.

The materials on this site are provided "as is" and without warranties of any kind whether express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. The Company does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not The Company) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Buckapound Disclaimer:
Our goal at Buckapound is to try to help people who have decided to lose weight to do so. This is accomplished by helping motivated participants chose the behaviors that are most likely to be successful for them and then to continue to follow the behaviors that actually prove to be successful. However, as with any other weight loss program, there is no guarantee that a given participant will lose weight, and results will vary from participant to participant depending a wide array of variables such as initial weight, behavior choices, behavior compliance, goal weight, etc. Buckapound cares about our clients and their health, and we do not want to give false hope to people that they will absolutely reach their goal weight and stay at that weight. We are, however, confident that being part of the Buckapound program will have positive effects on your health.

Restriction on Use of Materials:
No material from this site or any Web site owned, operated, licensed or controlled by the Company may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. You may not modify the material in any way, without the prior written consent of the copyright owner. Except as expressly stated in these terms and conditions, or otherwise agreed to in writing by the Company, no rights or licenses to the material or any portion thereof, shall be granted or implied.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of the Company, its affiliates, content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of the Company or its affiliates and is protected by U.S. and international copyright laws. All software used on this site is the property of the Company or its affiliates or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.

www.buckapound.com, Buckapound, and the Buckapound Logo are the property of NVIP LLC. All other product names contained in this Web site may be trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited.

Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to the Company through this site is the exclusive property of the Company. Except as otherwise provide in the Privacy Policy of the Company, the Company is entitled to use any information submitted for any purpose without restriction or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to the Company and accepts responsibility for its accuracy, appropriateness and legality. NVIP LLC and Buckapound LLC and their affiliates enforce their intellectual property rights to the fullest extent of the law. If you have questions concerning the terms and conditions stated above, you may contact us at feedback@buckapound.com.

Payment:
For your right to use this site, you are agreeing to pay up to $9.95 for each four week period of your participation, depending on the terms of your enrollment agreement. This will be accomplished by your providing us with a credit or debit card, your billing address, and your CVV code. You are also agreeing to pay $1.00 for each pound you lose from your starting weight (e.g. you will not be charged for pounds that you lose, then regain, and then lose again). This will automatically be charged to your credit card at the end of each four week period based on your progress in losing weight that you report to the site. The location in the site where you will provide this information is secure. And, for these purposes, we are using a qualified supplier, such as Elavon or Authorize.net, including our use of special security features they offer to protect your credit card information. We will advise you when you are near the end of each four week cycle so that you can decide to continue with the program or not, but you must make an active decision to discontinue if you chose to do so or your credit card will be automatically charged for the next four weeks. All charges to your card are final; there are no refunds.

Limitation of Liability:
Under no circumstances, including, but not limited to, negligence, shall the Company be liable for any special or consequential damages that result from the use of or the inability to use the materials in this site, even if the Company or an authorized representative of the Company 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 the Company’s total liability to you for damages, losses and causes of action (whether in contract, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.

Employer Sponsored Programs:
If you are participating in a program sponsored by your employer (your employer pays for your participation), when you sign up for the program, you are agreeing that we will verify your participation and progress in the program to your employer. This will be accomplished by providing your employer with your name and, since your employer will be paying for the weight that you may lose, your progress in terms of weight loss from starting weight. If your employer also agrees to cover the cost of participation of your dependents (spouse and children 18 years of age and older), this will apply to them as well.

Other:
These terms shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Tahoe County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. 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.

If you have questions about these Terms and Conditions, or anything else related to this program and site you may contact us at feedback@buckapound.com. Or you can reach us by clicking on the “Contact” button at the bottom of this page. We will get back to you as quickly as possible.