I understand The Big Mama Wellness Project,
Inc., a/k/a TheBigMamaWellnessProject.com, etc. and affiliates such
as The Bog Mama and More To Love Fitness™ (hereafter collectively referred to as The Big Mama Wellness Project) provide support & encouragement to enhance the self-esteem, strength & energy of Big Beautiful Women, BBW and Big Handsome Men, BHM as well as the
lives of plus-sized men and full-figured women.
Prior to exercising and utilizing our home video or any
program designed by The Big Mama Wellness Project, you must consult with your health care professional to ensure you have the
proper medical clearance.
I also understand that The
Big Mama Wellness Project provides motivation to people of size and promotes size acceptance to big, beautiful
people to help them feel good and enjoy life now.
The contents of this site are intended for personal, non-commercial,
educational and discussion purposes only and should not be relied upon
for personal and medical decisions. Any opinions expressed on this
site are the opinions of the authors and experts expressing such opinions
and are not those of The Big Mama Wellness Project and its respective authors, experts and partners make no representations about
the suitability, reliability, timeliness, appropriateness, or accuracy
of the information contained on this site. The Big Mama Wellness Project will not be liable for damages of any kind arising from the use of this site,
including, but not limited to, direct, indirect, incidental, punitive,
and consequential damages.
Always seek the advice and guidance of your physician
or other qualified health provider with respect to any questions you
may have about a medical condition or prior to commencing a physical
fitness program. This site should not be relied on or substituted for
professional medical diagnosis or treatment. Never disregard medical
advice or delay in seeking it because of something found on this site.
PRIVACY
POLICY
The
Big Mama Wellness Project, is committed to safeguarding your privacy online. Please read the following
policy to understand how your personal information will be treated
as you make full use of our many offerings. This policy may change
from time to time so please check back periodically.
NOTICE: Click
here for important information about safe surfing from the Federal Trade Commission.
Information Collection and Use
The
Big Mama Wellness Project is the sole owner of the information collected on this site. We will not sell,
share, or rent this information to others in ways different from
what is disclosed in this statement. The Big Mama Wellness Project collects information from our users at several different points on our website.
Registration
In order to use this website, a user must first complete
the registration form. During registration a user is required to give
their contact information (such as name and email address). This information
is used to contact the user about the services on our site for which
they have expressed interest. It is optional for the user to provide
demographic information , and unique identifiers, but encouraged so
we can provide a more personalized experience on our site.
Order
We request information from the user on our order form.
Here a user must provide contact information (like name and shipping
address) and financial information (like credit card number, expiration
date). This information is used for billing purposes and to fill customer's
orders. If we have trouble processing an order, this contact information
is used to get in touch with the user.
Cookies
A cookie is a piece of data stored on the user's hard
drive containing information about the user. Usage of a cookie is in
no way linked to any personally identifiable information while on our
site. Once the user closes their browser, the cookie simply terminates.
For instance, by setting a cookie on our site, the user would not have
to log in a password more than once, thereby saving time while on our
site. If a user rejects the cookie, they may still use our site. The
only drawback to this is that the user will be limited in some areas
of our site. For example, the user will not be able to participate
in any of our Sweepstakes, Contests or monthly Drawings that take place.
Cookies can also enable us to track and target the interests of our
users to enhance the experience on our site.
Some of our business partners use cookies on our site
(for example, advertisers). However, we have no access to or control
over these cookies.
Log Files
We use IP addresses to analyze trends, administer the
site, track user's movement, and gather broad demographic information
for aggregate use. IP addresses are not linked to personally identifiable
information.
Sharing
We will share aggregated demographic information with
our partners and advertisers. This is not linked to any personal information
that can identify any individual person. We use an outside shipping
company to ship orders, and a credit card processing company to bill
users for goods and services. These companies do not retain, share,
store or use personally identifiable information for any secondary
purposes. We partner with another party to provide specific services.
When the user signs up for these services, we will share names, or
other contact information that is necessary for the third party to
provide these services. These parties are not allowed to use personally
identifiable information except for the purpose of providing these
services.
Links
This web site contains links to other sites. Please be
aware that The Big Mama Wellness Project is not responsible for the privacy practices of such other sites. We encourage
our users to be aware when they leave our site and to read the privacy
statements of each and every web site that collects personally identifiable
information. This privacy statement applies solely to information collected
by this Web site.
Surveys & Contests
From time-to-time our site requests information from users
via surveys or contests. Participation in these surveys or contests
is completely voluntary and the user therefore has a choice whether
or not to disclose this information. Information requested may include
contact information (such as name and shipping address), and demographic
information (such as zip code, age level). Contact information will
be used to notify the winners and award prizes. Survey information
will be used for purposes of monitoring or improving the use and satisfaction
of this site.
Tell-A-Friend
If a user elects to use our referral service for informing
a friend about our site, we ask them for the friend's name and email
address. The Big Mama Wellness Project will automatically send the friend a one-time email inviting them to visit the
site. The Big Mama Wellness Project stores this information for the sole purpose of sending this one-time email.
The friend may contact The Big Mama Wellness Project to request the removal of this information from their database.
Security
This website takes every precaution to protect our users'
information. When users submit sensitive information via the website,
your information is protected both online and off-line.
When our registration/order form asks users to enter sensitive
information (such as credit card number and/or social security number),
that information is encrypted. While on a secure page, such as our
order form, the lock icon on the bottom of Web browsers such as Netscape
Navigator and Microsoft Internet Explorer becomes locked, as opposed
to un-locked, or open, when you are just 'surfing'.
Special Offers
We send all new members a welcoming email to verify password
and username. Established members will occasionally receive information
on products, services, special deals, and a newsletter. Out of respect
for the privacy of our users we present the option to not receive these
types of communications.
Site and Service Updates
We also send the user site and service announcement updates.
Members are not able to un-subscribe from service announcements, which
contain important information about the service. We communicate with
the user to provide requested services and in regards to issues relating
to their account via email or phone.
Correction/Updating Personal Information
If a user's personally identifiable information changes
(such as your zip code), or if a user no longer desires our service,
we will endeavor to provide a way to correct, update or remove that
user's personal data provided to us. This can usually be done by contacting
us.
I understand The
Big Mama Wellness Project provides support & encouragement to enhance the self-esteem, strength & energy of Big Beautiful Women, BBW and Big Handsome Men, BHM as well as the
lives of plus-sized men and full-figured women.
Prior to exercising and utilizing our home video or any
program designed by The Big Mama Wellness Project, you must consult with your health care professional to ensure you have the
proper medical clearance.
I also understand that The
Big Mama Wellness Project provides motivation to people of size and promotes size acceptance to big, beautiful
people to help them feel good and enjoy life now.
TERMS & CONDITIONS
- ACCEPTANCE OF TERMS
The
Big Mama Wellness Project, provides its service to you, subject to the following Terms & Conditions ("T & C"), which may be updated by us from time to time without notice to you. You can
review the most current version of the T & C at any time at www.TheBigMamaWellnessProject.com. In addition, when using particular The Big Mama Wellness Project services, you and The Big Mama Wellness Project shall be subject to any posted guidelines or rules applicable to such services
which may be posted from time to time. All such guidelines
or rules are hereby incorporated by reference into the T & C.
- DESCRIPTION OF SERVICE
The
Big Mama Wellness Project provides users with and forwards users to access to online resources, online
classes, online Bulletin Boards, and shopping services (the "Service"). You understand and agree that the Service is provided "AS-IS" and that The Big Mama Wellness Project assumes no responsibility for: the availability or timeliness of resources and
classes; or the timeliness, deletion, misdelivery or failure
to store any user communications or personalization settings.
- MEMBER CONDUCT
You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages or
other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that
you, and not The Big Mama Wellness Project, are entirely responsible for all Content that you upload, post, email or otherwise
transmit via the Service. The Big Mama Wellness Project does not control the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will The Big Mama Wellness Project be liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of
any kind incurred as a result of the use of any Content posted, e-mailed
or otherwise transmitted via the Service.
You agree to not use the Service to:
- upload, post, email or otherwise transmit any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including,
but not limited to, a The Big Mama Wellness Project official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through
the Service;
- upload, post, email or otherwise transmit any
Content that you do not have a right to transmit under any law
or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
- upload, post, email or otherwise transmit any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ( "Rights") of any party;
- upload, post, email or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes."
- upload, post, email or otherwise transmit any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause
a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in
a manner that negatively affects other users' ability to engage
in real time exchanges;
- interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any
applicable local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
- "stalk" or otherwise harass another;
or
- collect or store personal data about other users.
You acknowledge that The
Big Mama Wellness Project does not prescreen Content, but that The Big Mama Wellness Project and its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, The Big Mama Wellness Project and its designees shall have the right to remove any Content that violates the
T & C or is otherwise objectionable.
You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on
the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created
by The Big Mama Wellness Project or submitted to The Big Mama Wellness Project.
You grant The
Big Mama Wellness Project the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable
right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform
and display Content (in whole or part) worldwide and/or to
incorporate it in other works in any form, media, or technology
now known or later developed.
- INDEMNITY
You agree to indemnify and hold The
Big Mama Wellness Project, and its subsidiaries, affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to
or arising out of Content you submit, post to or transmit through
the Service, your use of the Service, your connection to the
Service, or your violation of any rights of another.
I understand The
Big Mama Wellness Project provides support & encouragement to enhance the self-esteem, strength & energy of Big Beautiful Women, BBW and Big Handsome Men, BHM as well as the
lives of plus-sized men and full-figured women.
Prior to exercising and utilizing our home video
or any program designed by The Big Mama Wellness Project, you must consult with your health care professional to ensure you have the
proper medical clearance.
I also understand that The
Big Mama Wellness Project provides motivation to people of size and promotes size acceptance to big, beautiful
people to help them feel good and enjoy life now.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service.
- DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the
Service, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser. You
agree that The Big Mama Wellness Project shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
- LINKS
The Service may provide, or third parties may provide,
links to other websites or resources. Because The Big Mama Wellness Project has no control over such sites and resources, you acknowledge and agree that The Big Mama Wellness Project is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that The Big Mama Wellness Project shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services available on
or through any such site or resource.
- The
BigMama Wellness Project's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any
necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by The Big Mama Wellness Project or advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software,
in whole or in part.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Big Mama Wellness Project EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- The
Big Mama Wellness Project MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
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 ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM The Big Mama Wellness Project OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE T & C.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT The
Big Mama Wellness Project SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF The Big Mama Wellness Project HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
- GENERAL INFORMATION
The T & C constitute the entire
agreement between you and The Big Mama Wellness Project and govern your use of the Service, superceding any prior agreements between
you and The Big Mama Wellness Project. You also may be subject to additional terms and conditions that may apply when
you use affiliate services, third-party content or third-party
software. The T & C and the relationship between you and The Big Mama Wellness Project shall be governed by the laws of the State of New York without regard to its
conflict of law provisions. You and The Big Mama Wellness Project agree to submit to the personal and exclusive jurisdiction of the courts located
within Rockland County, New York. The failure of The Big Mama Wellness Project to exercise or enforce any right or provision of the T & C shall not constitute a waiver of such right or provision. If any provision
of the T & C is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of the T & C remain in full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the T & C must be filed within one (1) year after such claim or cause of action arose
or it will be forever barred.
The section titles in the T & C
are for convenience only and have no legal or contractual effect.