Diet.com Terms of Usage (updated on January 22, 2008)
By using Diet.com ("Website"), you agree to these Terms of Usage. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Usage at any time and without notice. You should check these Terms of Usage periodically for changes. By using this Website after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms of Usage, you should not use Diet.com and cancel your registered user membership.
1. Scope of Terms of Usage
Unless specifically indicated elsewhere in this document, these Terms of Usage apply to your use of the Websites which are owned or operated by Diet Health, Inc. and our affiliates (collectively, "we," "us," or "our"), including, without limitation, this Website and any other Websites that we may own or operate currently or in the future. For purposes of these Terms of Usage, "affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Diet Health, Inc.
2. General Terms of Usage
By using this Website, you agree to be legally bound and to abide by these Terms of Usage, just as if you had signed this agreement. If you do not comply with these Terms of Usage at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). At our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be affected without prior notice. If you do not abide by the provisions of these Terms of Usage, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website. Furthermore, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, our Websites.
From time to time, we may supplement these Terms of Usage with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Usage.
3. Use of Materials - Restrictions and Limits
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms of Usage. You acknowledge that Diet.com may contain information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials, quiz answers, meal plans (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. Diet.com is the trade name and the registered trademark and service mark of Diet.com, Inc. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. You do not obtain any ownership containing any Content which is downloaded onto your computer from Diet.com. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other Website or networked computer environment is strictly prohibited unless you receive our prior written consent.
4. Registered Membership Rules
There is a fee to use the Members Only area of Diet.com. You may visit parts of the Website for free, including news and articles, discussion boards, local support groups, and online buddies. If you do not sign up to become a paid member, you will be precluded from using exclusive Diet.com tools and quizzes and other offerings (collectively "Offerings"). You must register in accordance with instructions that you will find on this Website to participate in, and to contribute to, any support group message board and live chat, recipe swap or similar interactive activity on Diet.com.
When registering as a member, you agree to provide us with true, accurate and complete information about yourself ("Member Data"), and to maintain and promptly update the Member Data to keep it accurate. Without limiting any other provision of these Terms of Usage, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your member account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website, or share your username or password with anyone for their use.
6. Community Standards and Conduct Guidelines
You are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. You agree that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. Our adopted standards and code of conduct for members is important, but you acknowledge that there may be posts that you find offensive and that you may not agree with. We will not, under any circumstances, be liable in any way for any Postings (other than for Content developed by Diet.com), including, but not limited to, any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
You agree not to use any part of Diet.com (including any message boards, private messaging, invitations and email) to:
a. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable (at our sole discretion);
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of Diet.com, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Diet.com, our affiliates or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
e. Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
g. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
h. Upload, post, email or otherwise transmit any Postings or other materials that contain 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;
i. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of a Forum (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects other users' ability to use any Forum;
j. Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
l. "Stalk" or otherwise harass another member or employee of this Website;
m. Collect or store personal data or attempt to collect or store personal data about other users of the Website; or
n. Use Diet.com as a way to meet individuals with the intent to harm them physically or mentally.
o: Post your personal email address in any message board, private message board, or private message.
p: Promote other products, Websites, chats, message boards, or events taking place outside of www.Diet.com, without written consent from www.Diet.com.
Your privilege to use this Website (including the support forums, invitations, private messaging and chat rooms) and contribute to discussions depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our Terms of Usage, we may terminate, at our sole discretion, your use of, or participation in, any Forum.
All Forum communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Website (including any Forum) for adherence to the Terms of Usage and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.
8. Parental or Guardian Permission
You must be 18 years or older to purchase any product or service offered on or through the Website. Some of the content on the Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing the Website.
These Terms of Usage apply only to this Website, and not to the Websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide Websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such Websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other Website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other Website to that Website's administrator or webmaster. Diet.com staff will strive to be diligent in the removal of outside links and spam found on the Forums. We will not be responsible for the timing of these removals.
10. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Website (or any part thereof) who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact our designated agent for notice of claims of copyright infringement by using our Contact Form.
11. Your Password and User Account
Registered members are entirely responsible for maintaining the confidentiality of passwords and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account. In the event of someone using your user name and password, you will inform Diet.com immediately. You will not share your username or password with any friend, family or outside parties collectively.
12. Health Disclaimer
Diet.com provides information and diet tips, quizzes, the Personality Type Diet quiz and suggestions, intended only to assist users in their personal weight loss efforts. Diet.com is not a medical organization and our staff will not and cannot give medical advice or diagnosis. Nothing on the Diet.com Websites whatsoever should be construed as such medical advice or diagnosis. Information and responses posted by the Medical professionals in the Ask the Expert columns and is not to be taken as medical advice. Diet.com will not be held responsible for any information interpreted as such by any member. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation or treatment.
Before beginning any diet, Diet.com advises you to check with your doctor or primary health provider to ensure your health and safety. Before beginning any physical exercise routine, Diet.com advises you to check with your doctor or primary health provider to ensure your health and safety. Certain information on this Website is related to mental health and emotional health. Diet.com strongly suggests that individuals who feel they need support to contact a mental health professional. We will not be held responsible for individuals who intend and carry out harm to themselves or other individuals. Diet.com is intended for use only by healthy adult individuals. The Website is not intended for use by minors or individuals with any type of health condition.
13. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER DIET.COM, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
NEITHER DIET.COM, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHERMORE, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USAGE.
14. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE DIET.COM SITES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE DIET.COM SITES OR ANY WEBSITE OR WEBSITES LINKED TO THE DIET.COM SITES, (C) 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 THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.
You agree to indemnify, hold harmless and, at our option, defend Diet.com and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms of Usage, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
16. Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in accordance with the laws of Pennsylvania 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 your use of this Website or these Terms of Usage shall be filed only in the state or federal courts located in Philadelphia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
17. Miscellaneous Terms
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
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. These Terms of Usage, together with the Subscription Agreement (if applicable), are the entire agreement between you and us relating to the subject matter herein. If you are a subscriber to one of our online subscription offerings or products, in the event of any conflict between these Terms of Usage and the Subscription Agreement, the Subscription Agreement shall control. These Terms of Usage may be modified only by our posting of changes to these Terms & Conditions on this Website, or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms of Usage. These Terms of Usage will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms of Usage, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
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