PLEASE NOTE: Always consult a physician before starting
a fitness program or changing your diet. Not all exercises or activities are suitable
for everyone. If you feel discomfort or pain, stop. The instructions and advice
presented are in no way intended as a substitute for medical or psychological counseling.
By using the MatthewsCalorieCounter.com Web site, you are subject to certain terms and conditions as set forth
- Basic Definitions
The Matthews Calorie Counter or MatthewsCalorieCounter.com website ("Site") is
a service that provides educational information ("Content") and web-based software
("Tools"), for use by its visitors and subscribers ("Members"). The Site and Content are the
wholly-owned, copyrighted property of Matthews Calorie Counter's parent company, First Century
Thinking LLC ("Company"), and are subject to U.S. and international copyright protection
laws. Matthews Calorie Counter is a trademark of First Century Thinking LLC.
Any mention of Matthews Calorie Counter is the same as MatthewsCalorieCounter.com and vice versa.
- Scope of Use
The material provided by MatthewsCalorieCounter.com ("MatthewsCalorieCounter")
is for general informational purposes only - MatthewsCalorieCounter is not a healthcare
practitioner and has no expertise in diagnosing, examining, or treating medical
conditions of any kind, or in determining the effect of any specific exercise on
a medical condition. MatthewsCalorieCounter.com is not a prescription system and
is not intended to be a substitute for professional medical advice, diagnosis, or
treatment. Members are responsible for their own health, diet research and decisions;
therefore MatthewsCalorieCounter.com requires that you consult with your physician
or healthcare practitioner before dieting, making any personal health decisions,
or following any training instructions you receive through MatthewsCalorieCounter.com
or participating in any event announced on our site. By registering for MatthewsCalorieCounter.com,
you certify that you have received consent from your physician to participate in
the programs, workouts, and exercises to be provided by MatthewsCalorieCounter.com.
You should understand that when participating in any exercise or exercise program,
there is the possibility of physical injury and or death.
MatthewsCalorieCounter is not responsible for any health problems that may result
from training programs, products, or events you learn about through MatthewsCalorieCounter.com.
If you engage in any exercise program you receive through MatthewsCalorieCounter.com,
you agree that you do so at your own risk, and are voluntarily participating in
MatthewsCalorieCounter tries to provide only the most helpful and accurate information,
but MatthewsCalorieCounter cannot verify, endorse or vouch for the information,
services or recommendations available through MatthewsCalorieCounter.com. MatthewsCalorieCounter
is not responsible for the accuracy, reliability, effectiveness, or correct use
of information you receive through MatthewsCalorieCounter.com, or for any health
problems that may result from training programs, products, or events you learn about
through the site.
You agree to uses these Sites/Services only to post, send and receive messages and
material that are proper and related to the particular Site service you are using.
This Site is for your personal and non-commercial use only, and you will not:
- Post on or transmit to the Site any defamatory, libelous, obscene, bigoted, hateful,
racially offensive, vulgar, harassing, inflammatory, pornographic, profane, threatening
or unlawful content or any content that could constitute or encourage conduct that
would be considered a criminal offense or give rise to civil liability, whether
under statute, common law or equitable principles, or otherwise violate any law.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless the Site service you are using specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of the Site that you know, or reasonably
should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, copyright notices or legal or other proper
notices or proprietary designations or labels of the origin or source of software
or other material contained in a file that is uploaded, or that is provided with
- Violate any code of conduct or other guidelines which may be applicable to any particular
- Harvest or otherwise collect information about others, including e-mail addresses,
without their prior express written consent.
- Post on or transmit to the Site any content that discusses illegal activities with
the intent to commit them.
- Use the Site in any manner which could damage, disable, overburden, or impair the
Site or interfere with any other party's use and enjoyment of the Site.
- Obtain or attempt to obtain any materials or information through any means not intentionally
made available or provided for through the Site.
- Access or attempt to access any other user's account, or misrepresent or attempt
to misrepresent your identity while using the Site.
- Post on, transmit to or upload from the Site any content that violates another party's
privacy or infringes another party's intellectual property, including, but not limited
to, such party's copyrights, trademarks, trade secrets or patents. Examples of materials
that may be covered by copyright include software, graphics, text, photographs,
sound, video and musical recordings.
Any content added by you becomes the property of MatthewsCalorieCounter.com. We
can change or remove anything as we see fit. This is harsh, but a needed statement
to protect ourselves.
These are our terms, violating them can result in an account ban and or having your
content removed/changed at our discretion.
- Eligible Users
MatthewsCalorieCounter.com is available only to individuals eighteen years of age and
older, and to individuals who can form legally binding contracts under applicable
law. By using MatthewsCalorieCounter.com, you represent and warrant that you meet these
criteria and you agree to having the ability under applicable law to enter into
a legally binding contract.
- Individual Use
You are only authorized to use this Site for your own individual use, and may not
duplicate, download, publish, modify or otherwise distribute any material on MatthewsCalorieCounter.com
for any purpose other than for your own individual use, unless otherwise specifically
authorized by MatthewsCalorieCounter.com. You agree not to transfer or resell your use
of or access to your program to any third party.
- General Terms and Conditions
You agree to:
- Maintain the security of your member name, password and other confidential information
relating to your MatthewsCalorieCounter.com account;
- Update your personal information, including email address. Members must provide
a valid email address.
MatthewsCalorieCounter.com may amend or modify the terms and conditions of this Agreement
the MatthewsCalorieCounter.com Web site. You are responsible for regularly reviewing
the MatthewsCalorieCounter.com Web site to obtain timely notice of such amendments.
Any continued use of the Service by you after such amended terms have been posted
shall be deemed your consent and agreement to such amended terms. Furthermore, MatthewsCalorieCounter.com
reserves the right, at any time and for any or no reason, to limit, deny, modify
or discontinue the Service with or without notice to you. MatthewsCalorieCounter.com
shall not be liable to you or any third party should MatthewsCalorieCounter.com exercise
its right to modify or discontinue the Service.
Some of our members will make their email addresses available if they wish to converse
with others users with similar interests and/or goals. If you use this information,
you agree not to transmit "spam" or other unwanted solicitations, or any
material that is harassing, threatening, racially offensive, obscene, abusive, harmful,
defamatory, invasive of another's privacy, infringing of another's intellectual
property rights, or illegal. Members found using email information in this manner
will be stripped of their membership. MatthewsCalorieCounter.com is not responsible
for the content of email messages sent by its members or from a third party.
- Member Conduct
We assume members of MatthewsCalorieCounter.com will act responsibly and use the
tools provided by MatthewsCalorieCounter.com in a law-abiding manner. If MatthewsCalorieCounter.com
determines that any member is not using the system responsibly, we can and will
censor, edit or block their transmissions or use of MatthewsCalorieCounter.com.
- Warranty Disclaimer
Access to and use of the services is at your own risk. The services are provided
on an 'as is' and 'as available' basis. "First Century Thinking"
does not warrant that MatthewsCalorieCounter.com or any of it's services will
be uninterrupted or error-free, including temporary site unavailability or short
term server crashes. If you experience ongoing technical problems, please
- Waiver, release and limitation of liability
You agree that neither "First Century Thinking", or its affiliates, subsidiaries,
officers, directors, employees, agents, consultants or information providers or
suppliers, shall have any liability to you under any theory of liability or indemnity
in connection with your use of MatthewsCalorieCounter.com. You hereby release and
forever waive any and all claims you may have against "First Century Thinking",
its officers, directors, employees, agents, consultants, information providers or
suppliers for losses or damages you sustain in connection with your use of MatthewsCalorieCounter.com.
The total liability of "First Century Thinking", and its officers, directors, employees,
agents, consultants, information providers and suppliers, if any, for losses or
damages shall not exceed the fees paid by you for the particular information or
service provided. All other damages, direct or indirect, special, incidental, consequential
or punitive arising from any use of the information or other parts of MatthewsCalorieCounter.com
are hereby excluded even if "First Century Thinking", or its officers, directors,
employees, agents, consultants, information providers or suppliers have been advised
of the possibility of such damages. Void where prohibited by law.
You agree to indemnify, defend and hold harmless MatthewsCalorieCounter.com, its
parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders
or other partners, suppliers and any third-parties from any loss, liability, claim,
demand, action or damage, including reasonable attorneys' fees, arising out
of or related to (i) your use or access of MatthewsCalorieCounter.com or services,
(ii) the use of your MatthewsCalorieCounter.com account, (iii) any content, information
or material you receive on or through MatthewsCalorieCounter.com, (iv) any content,
information or material you post or transmit via MatthewsCalorieCounter.com or related
- Forums, Comments, Communications, and other Content
It is impossible for owners and operators this site to confirm the validity of all
Forums, Comments, Communications, and other member added Content. Posts made by members reflect the views and opinion
of the author, but not necessarily the owners and operators. If you feel that a
posted message is questionable, is encouraged to notify an administrator of this
web site immediately.
You agree not to post any abusive, vulgar, obscene, hateful, slanderous, threatening,
sexually-oriented or any other material that may violate any applicable laws. Doing
so may lead to you being permanently banned from our forums and making comments.
Note that all IP address are logged and may aid in enforcing these conditions.
All Comments & Reviews should be constructive, informative and helpful. Disrespectful,
Defaming, Vengeful or any comments falling under the terms of this page will be
You agree that the owners and operators on this site and this sites parent company have the right
to remove, edit, move or close any topic at any time should they see fit. As a user
you agree to any information you have entered above being stored in a database.
While this information will not be disclosed to any third party without your consent
the owners and operators cannot be held responsible for any hacking attempt that
may lead to the data being compromised.
cookies do not contain any of the information you have entered above; they serve
only to improve your viewing pleasure.
failing to comply with the terms and conditions of this Agreement may be expelled
from and refused continued access to, the comments, chats or other public forums
in the future. MATTHEWS CALORIE COUNTER or its designated agents may remove or alter any user-created
content at any time for any reason. Comments, chats and other public forums are
intended to serve as discussion centers for members. Information and
content posted within these public forums may be provided by MATTHEWS CALORIE COUNTER staff, MATTHEWS CALORIE COUNTER's
outside contributors, or by users not connected with MATTHEWS CALORIE COUNTER, some of whom may employ
anonymous user names. MATTHEWS CALORIE COUNTER expressly disclaims all responsibility and endorsement
and makes no representation as to the validity of any opinion, advice, information
or statement made or displayed in these interactive areas by third parties, nor are we responsible
for any errors or omissions in such postings, or for hyperlinks embedded in any
messages. Under no circumstances will we, our affiliates, suppliers or agents be
liable for any loss or damage caused by your reliance on information obtained through
these forums. The opinions expressed in the site interactive areas are solely the opinions of
the participants, and do not reflect the opinions of MATTHEWS CALORIE COUNTER or any of its subsidiaries
or affiliates or First Century Thinking LLC.
You agree not to use any automated tools for registering and/or posting within our
site. By failing to obey this rule you would be granting us permission
to repeatedly query your web server.
Members may post reviews, comments, photos, and other content; and other communications;
and submit suggestions, ideas, comments, questions, or other information, so long
as the content is not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third parties
or objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate any person or entity,
or otherwise mislead as to the origin of content. MATTHEWS CALORIE COUNTER reserves the right (but
not the obligation) to remove or edit such content, but does not regularly review
If you do post content or submit material, and unless we indicate otherwise, you
grant MATTHEWS CALORIE COUNTER a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, and display such content throughout the world in any media. You
grant MATTHEWS CALORIE COUNTER and sublicensees the right to use the name that you submit in connection
with such content, if they choose. You represent and warrant that you own or otherwise
control all of the rights to the content that you post; that the content is accurate;
that use of the content you supply does not violate this policy and will not cause
injury to any person or entity; and that you will indemnify MATTHEWS CALORIE COUNTER for all claims
resulting from content you supply. MATTHEWS CALORIE COUNTER has the right but not the obligation to
monitor and edit or remove any activity or content. MATTHEWS CALORIE COUNTER and its parent company First Century Thinking LLC takes no responsibility
and assumes no liability for any content posted by you or any third party.
The opinions expressed here are solely the opinions of the participants (anonymous),
and do not reflect the opinions of MatthewsCalorieCounter.com or any of its subsidiaries
MatthewsCalorieCounter.com takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is MatthewsCalorieCounter.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
We hope participants will use MatthewsCalorieCounter.com to leave constructive feedback,
comments, ratings and reviews to provide a better exprience to there end users.
IT is not our intentions to produce an environment or a place for participants to
vent anger or frustration or defaming of a class, teacher, school or any other content
appearing on MatthewsCalorieCounter.com through the use of comments, ratings, miss-information,
reviews and general feedback.
MatthewsCalorieCounter.com reserves the right (but not the obligation) to remove or
edit such content, but does not regularly review posted content.
IF you have an issue with a particular comment, rating or review please visit our
Contact page to get a hold of us so we can resolve this issue.