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Terms of Service

100CalorieBags.com, A Gemini Web Studio site, ("we") operate an Internet-based information service (the "Service") including all text, content, information, and data (collectively the "Content") available on this web site and on any web site created through the Service (collectively, the "Site") and provides users with access to the Site subject to the terms and conditions of these Terms of Use (the "Agreement").

By accessing the Site and/or registering with us, you agree to be bound by the terms of this Agreement and you consent to our Privacy Policy. We reserve the right to update or modify this Agreement at any time, and without prior notice to you. Your use of the Site following such modification or update constitutes your acceptance to be bound by the Agreement as changed or modified. We encourage you to regularly read through and review the Agreement.

Health Information Disclaimer. The Content on this Site is presented in a summary fashion, and is intended to be used for educational and entertainment purposes only. The Content is not intended to be and should not be interpreted as a recommendation for a specific treatment plan, product, course of action or medical or healthcare provider. Your use of this Site does not create a doctor / patient relationship. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. You should not use the Site to diagnose a health or fitness problem or disease. Use of the Site does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or any other party. We disclaim all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other health provider referred to on this Site and/or any Third Party Site (as defined below). Never disregard the medical advice of a physician or health professional, or delay in seeking such advice, because of something you read on this Site. Although we strive to ensure that the information we provide on this Site is correct, we cannot guarantee that it is always accurate and up-to-date. We offer this Site "AS IS" and without any warranties.

Usage Rules. As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by this Agreement. We reserve the right to deny you access to any and all parts of this Site for any reason, and at our sole discretion.

You may not use any robot, spider or other automated means to access this Site or the Services for any reason without our prior written consent.

Disclaimers. a. Geographic Disclaimer. The Site is administered from Seattle, WA and is intended for users who are U.S. residents. Access to the Site and the Content may not be legal for some persons or in some countries outside the United States. If you elect to access and use the Site and Content from outside of the United States, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations.
b. DISCLAIMER OF WARRANTIES. THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY FOR ANY PURPOSE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SERVICE. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT MEDICAL INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
c. We take no responsibility for third party advertisements that are posted on the Site, nor do we take any responsibility for the goods or services provided by our advertisers.

Indemnification. You agree to indemnify, defend and hold harmless Gemini Web Studio and 100CalorieBags.com, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the "Gemini Web Studio Parties") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from (a) provision of Member Content by you, or (b) your use of the Content or Site; and/or (c) your breach of the terms of this Agreement, (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your Account.

Waiver, Release and Limitation of Liability. YOU AGREE THAT NONE OF THE GEMINI WEB STUDIO PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE GEMINI WEB STUDIO PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE GEMINI WEB STUDIO PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE GEMINI WEB STUDIO PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER TO GEMINI WEB STUDIO FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL ANY OF THE GEMINI WEB STUDIO PARTIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE.

NONE OF THE GEMINI WEB STUDIO PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU.

Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.