Web Site Usage
Terms & Conditions


Kara Richardson Whitely is not a nutritionist, nor a personal trainer. She is someone who
lost a lot of weight doing what she loved.

Any content, either from Kara Richardson Whitely or those who post information or
advertisements on this website, related subdomains or Blog is not to be substituted from
advice from a physician.

You should check with a physician before embarking on any physical endeavor -- from
mountain climbing to walking -- to make sure you're in good health.

Some or all of the information on this Web site(s) is provided by Fat Woman on the Mountain (“FWOM”) on
one or more FWOM Web sites. The FWOM Web sites include www.fatwomanonthemountain.com and all
related subdomains.  FWOM provides this service to you, subject to the following Terms of Service (“TOS”),
which may be updated by us anytime without notice to you. When using particular FWOM services, you
shall be subject to any posted guidelines or rules applicable to such services that may be posted from time
to time. All such guidelines or rules are hereby incorporated by reference into the TOS. For specific
services, FWOM also may put forth specific Terms of Service that differ from this TOS. It is your
responsibility to periodically review the TOS. If you do not agree with or understand the TOS, do not use a
FWOM site.

The TOS apply to both “Affiliates” (persons or entities that receive the Service, as defined below, for
redistribution and/or republication on a non-FWOM website) and “Users” (all persons, including Affiliates,
that make any use whatsoever of any Service, as defined below). FWOM currently provides Affiliates and
Users with several resources, including news feeds, message boards, blogs, articles, and other
information (the “Service”). Unless expressly stated otherwise, new resources added to the current Service
shall be subject to the TOS. You understand and agree that the Service is provided “as is” and that FWOM
assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user
communications or personalization settings.

In consideration of your use of the Service, you agree to (a) provide true, accurate, current, and complete
information about yourself as prompted by the Service’s registration form (such information being the
“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it truthful, accurate,
current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete,
or FWOM has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or
incomplete, FWOM has the right to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof). FWOM cannot and will not be liable for any loss or
damage arising from your failure to comply with this Paragraph.

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 FWOM, are
entirely responsible for all Content that you upload, post, e-mail, or otherwise transmit via the Service.
FWOM does not control the Content posted via the Service and thus does not guarantee its accuracy,
integrity, or quality. By using the Service, you may be exposed to Content that is offensive, indecent, or
objectionable. Under no circumstances will FWOM 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:
i.        upload, post, e-mail, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially,
ethnically, or otherwise objectionable;
ii.        impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a
person or entity;
iii.        forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service;
iv.        upload, post, e-mail, or otherwise transmit any Content that you do not have a right to transmit under
any law or under contractual or fiduciary relationships;
v.        upload, post, e-mail, or otherwise transmit any Content that infringes any patent, trademark, trade
secret, copyright, or other proprietary rights (“Rights”) of any party;
vi.        upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional
materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation,
except in areas designated for such purpose;
vii.        upload, post, e-mail, 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;
viii.        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;
ix.        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; or
x.        “stalk” or otherwise harass another or collect or store personal data about other Users.

You acknowledge that FWOM does not pre-screen Content, but that FWOM 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, FWOM and its designees shall have the right to remove any Content
that violates the TOS 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 FWOM or submitted to FWOM, including without limitation information in FWOM Message Boards and in
all other parts of the Service.

You acknowledge and agree that FWOM may preserve Content and may also disclose Content if required to
do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of
third parties; or (d) protect the rights, property, or personal safety of FWOM, its Users, and the public.
You understand that the technical processing and transmission of the Service, including your Content, may
involve (a) transmissions over various networks and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online
conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country in which you reside.
With respect to all Content you elect to post to other publicly accessible areas of the Service, you grant
FWOM 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 such 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.

You agree to indemnify and hold FWOM 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, your violation of the TOS, or your violation of any
rights of another.

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, except in accordance with the TOS.
You acknowledge that FWOM may establish general practices and limits concerning use of the Service,
including without limitation the maximum number of days Content will be retained by the Service, the
maximum number of messages that may be sent from or received by an account on the Service, the
maximum size of any message that may be sent from or received by an account on the Service, the
maximum disk space that will be allotted on FWOM’s servers on your behalf, and the maximum number of
times and the maximum duration for which you may access the Service in a given period of time. You
agree that FWOM has no responsibility or liability for the deletion or failure to store any messages and
other communications or other Content maintained or transmitted by the Service. You acknowledge that
FWOM reserves the right to log off accounts that are inactive for an extended period of time. You further
acknowledge that FWOM reserves the right to change these general practices and limits at any time, in its
sole discretion, with or without notice.

FWOM reserves the right at any time and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof), with or without notice. You agree that FWOM shall not be
liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You agree that FWOM, in its sole discretion, may terminate your password, account (or any part thereof), or
use of the Service and remove and discard any Content within the Service for any reason. FWOM may also,
in its sole discretion and at any time, discontinue providing the Service, or any part thereof, or may change
the price for the Service, all with or without notice. You agree that any termination of your access to the
Service under any provision of this TOS may be affected without prior notice, and acknowledge and agree
that FWOM may immediately deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. Further, you agree that FWOM shall not
be liable to you or any third party for any termination of your access to the Service.

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 FWOM 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.

The Service or third parties may provide links to other World Wide Web sites or resources. Because FWOM
has no control over such sites and resources, you acknowledge and agree that FWOM 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 FWOM 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.

You acknowledge and agree that the Service and any necessary software used in connection with the
Service (the “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 FWOM 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.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.        YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. FWOM 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.
b.        FWOM 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 SERVICE WILL
BE CORRECTED.
c.        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.
d.        NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FWOM OR
THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FWOM 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 FWOM 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.
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 LIABILITY MAY NOT APPLY TO YOU.
THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NO CONTENT INCLUDED IN THE
SERVICE IS INTENDED FOR TRADING OR INVESTING PURPOSES. FWOM SHALL NOT BE RESPONSIBLE
OR LIABLE FOR THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION TRANSMITTED
VIA THE SERVICE AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRADING OR INVESTMENT
DECISIONS MADE BASED ON SUCH INFORMATION.

FWOM respects the intellectual property of others and we ask our Users to do the same. If you believe that
your work has been copied in a way that constitutes copyright infringement, please contact FWOM:
Fat Woman on the Mountain
P.O. Box 774
Summit, NJ 07902-0774

The TOS constitute the entire agreement between you and FWOM and govern your use of the Service,
superseding any prior agreements between you and FWOM. 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 TOS and the relationship between you and FWOM shall be governed by the laws of the State of
California without regard to its conflict of law provisions. You and FWOM agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of Union, New Jersey. The failure of
FWOM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS 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 that the other provisions of the TOS 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 TOS must be filed within one (1) year after such claim or  cause of action arose or be forever
barred.
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