TERMS AND CONDITIONS FOR USERS OF DIETFIT.COM
By using the DietFit.com web site, you accept and agree to be legally bound by these terms and conditions ("Agreement"), as they may be amended or supplemented from time to time by DietFit, Inc. ("DietFit"), and agree to all operating rules and/or policies of DietFit that may be published by DietFit on the site (as defined below), all of which are incorporated into this Agreement by this reference.
THE SITE IS NOT INTENDED FOR USE BY MINORS WITHOUT PARENTAL CONSENT AND SUPERVISION. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE THE SITE WITHOUT PARENTAL CONSENT AND SUPERVISION.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY NOT USE THE SITE FOR ANY REASON.
DietFit created this web site, located at www.dietfit.com ("Site") to make it much easier for people to change their eating habits and live a healthier lifestyle. Through its patent pending technologies, DietFit seeks to teach people to alter the way they eat so that they are better able to control their weight, lower cholesterol, manage their diabetes, and possibly reduce the risks of various diseases. As such, the Site interactively work with you to help you make smarter choices when it comes to food and better understand how what you eat impacts your overall health.
Authorization and Access
DietFit will review the Application and determine, in DietFit's sole discretion, whether to accept the Application. If DietFit accepts your registration request, DietFit will send you an electronic message verifying your access to the Site. DietFit shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all of the Site at any time for any reason. During the registration process, you will select your user ID and password (collectively "Password") for access to and use of the Site.
You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify DietFit immediately about any unauthorized use of your Password or any breach of security. You further agree that DietFit shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than DietFit.
Charges and Payment
As part of DietFit's acceptance of your Application, DietFit will charge your credit card automatically. DietFit shall continue to charge your credit card on a monthly or annual basis (depending on your membership plan) for all charges incurred under your Password. If DietFit does not receive payment from the card issuer, you agree to pay DietFit all amounts due upon demand. DietFit may take commercially reasonable actions to validate your credit card. You agree to pay all reasonable attorneys' and collection fees arising from DietFit efforts to collect any past due amounts from you to the extent allowed by law. If you terminate this Agreement before the end of your membership term, or if DietFit terminates this Agreement for cause, you will not be entitled to a refund of any amounts paid.
Submissions, Postings and Email Communications
All submissions, postings and email communications to or through the Site shall be subject to the DietFit Policy Regarding Submissions, Postings and Other Communications, which is incorporated into this Agreement by this reference.
Security and Hacking
You shall not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. You are solely responsible for the security of your communications to and through the Site.
Intellectual Property Rights and Restrictions
All content and materials on the Site including, without limitation, any text, graphics, logos, buttons, icons, images, audio clips and software included on and/or accessed by or through the Site, are the property of DietFit or its licensors and are protected by U.S. and international patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide including, without limitation, moral rights and similar rights ("Intellectual Property Rights"). The compilation of all content on this Site is the exclusive property of DietFit and is protected by U.S. and international copyright laws. You acknowledge and agree that you do not acquire any ownership rights by virtue of downloading any content or material from the Site and that all rights not expressly granted hereunder are expressly reserved to DietFit.
The materials, images and other information made available on the Site may be used by you only for the purpose and in the context of this Site. You agree to comply with all policies and procedures posted by DietFit on the Site from time to time regarding the use of such materials, images and other information. Any use of such materials, images or other information for sale, distribution or any other commercial purpose whatsoever is strictly prohibited. Moreover, you may not in any way modify such materials, images or other information for any reason.
Online Copyright Infringement Notification Policy
If you believe that the Site contains materials that constitute copyright infringement, please notify DietFit in accordance with our Online Copyright Infringement Notification Policy.
Term and Termination
You or DietFit may terminate this Agreement at any time, with or without cause, upon written notice to the other party. Furthermore, DietFit may terminate your access to, and use of, the Site immediately, if, in its sole discretion, DietFit believes that your conduct fails to conform with this Agreement. DietFit reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or e-mails you make or send to the Site.
Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site; and (b) pay any amounts owed to DietFit in full within thirty (30) days from the date of such termination.
Medical Information Warranty Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION DISCLOSED TO YOU VIA THE SITE INCLUDING, WITHOUT LIMITATION, ANY CONTENT, HEALTHCARE PROFESSIONAL, MEDICAL AND/OR SCIENTIFIC INFORMATION, RECOMMENDATIONS, PRODUCT RECOMMENDATIONS, PRODUCT DESCRIPTIONS AND/OR PRODUCT SAFETY/EFFECTIVENESS INFORMATION, ARE NOT OFFERED WITH ANY WARRANTY OR REPRESENTATION AS TO ABILITY, ACCURACY, COMPLETENESS, PERFORMANCE OR SUITABILITY FOR YOUR SITUATION, CONDITION, INTENDED PURPOSE OR COMPLIANCE WITH APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT DIETFIT HAS NO RESPONSIBILITY, AND DISCLAIMS ANY LIABILITY FOR, ANY DAMAGE, ILLNESS OR INJURY RESULTING FROM USING ANY PRODUCTS OR FOLLOWING ANY ADVICE, INFORMATION OR DISCLOSURES OF ANY KIND CONTAINED ON THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT DIETFIT IS NOT PROVIDING ANY MEDICAL, HEALTH CARE PROFESSIONAL OR SCIENTIFIC SERVICES VIA THE SITE. THE SITE IS NOT INTENDED IN ANY WAY TO REPLACE THE JUDGMENT OF ANY MEDICAL, HEALTH CARE AND/OR SCIENTIFIC PROFESSIONAL FAMILIAR WITH YOUR PARTICULAR SITUATION OR CONDITION. ALL MEDICAL QUESTIONS AND ISSUES SHOULD BE REFERRED TO YOUR DOCTOR OR TO AN APPROPRIATE MEDICAL, HEALTH CARE OR SCIENTIFIC PROFESSIONAL WHO CAN EXERCISE HIS OR HER PROFESSIONAL JUDGMENT BASED ON YOUR PARTICULAR SITUATION.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT SOME OF THE products, SERVICES or INFORMATION ON THIS SITE may not be available or approved for use in all jurisdictions, or for which the approved uses may vary from jurisdiction to jurisdiction. Nothing on the Site is intended to be a solicitation or promotion for any product, or as instruction for the use of any product in a particular manner. You are responsible for complying with applicable laws governing your particular circumstance.
Site Warranty Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE SITE SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. DIETFIT DOES NOT WARRANT THAT THE SITE, OR ANY PART THEREOF, WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. DIETFIT ALSO DOES NOT GUARANTEE THE QUALITY, ACCURACY, OR TIMELINESS OF ANY THIRD PARTY SITES THAT LINK TO OR FROM THIS SITE NOR DO DIETFIT ENDORSE OR ADOPT ANY OF THE VIEWS EXPRESSED OR OF THE PRODUCTS AND SERVICES SOLD ON THOSE SITES. UNLESS OTHERWISE EXPRESSLY AND SPECIFICALLY STATED, YOU ACKNOWLEDGE AND AGREE DIETFIT SHALL HAVE NO LIABILITY TO YOU WHATSOEVER FOR ANY SUCH THIRD PARTY SITES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
DIETFIT DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS, INJURY OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF DIETFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT DIETFIT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IF FOR ANY REASON ANY OF THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE OR TO FAIL OF ITS ESSENTIAL PURPOSE, THE AGGREGATE LIABILITY OF DIETFIT ARISING OUT OF OR RELATING TO THE SITE AND THIS AGREEMENT (INCLUDING FOR NEGLIGENCE OR STRICT LIABILITY) SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO $250.
You shall indemnify, defend and hold harmless DietFit and its sponsors, business affiliates, subsidiaries, affiliates, members, directors, officers, shareholders, employees, representatives, agents, attorneys, successors and assigns from and against any and all claims, liabilities, obligations, judgments, causes of actions, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the site in violation of this agreement or the infringement by you of any intellectual property rights of any person or entity.
The substantive laws of the Commonwealth of Virginia, USA will govern with respect to all matters relating to or arising out of this Agreement, or the use (or inability to use) the Site, and that such laws will apply without regard to principles of conflict of laws. You and DietFit agree and hereby submit to the exclusive jurisdiction and venue of the appropriate state courts located in FAIRFAX County, virginia, USA, and the Federal courts located in alexandria, virginia, with respect to such matters.
Should any of the terms and conditions of this Agreement be held invalid, that invalid provision shall be construed to be consistent with the applicable law, and in a manner so as to remain consistent with the original intent of DietFit. Provisions not otherwise held invalid shall remain in force.
Changes and Notifications
DietFit reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify this Agreement, and to impose new or additional terms and conditions on your use of the Site from time to time. You will be provided notice of such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions by any reasonable means including by posting to the Site. You will have the opportunity to review such changes. Your continued viewing or use of the Site following such notice will be deemed to indicate your conclusive acceptance of any and all such changes. If you find any change DietFit makes to be unacceptable, you may terminate your use of this Site at anytime in accordance with the Termination Section above. Your use of the Site after the effective date of any such change constitutes your continued acceptance of this Agreement, as changed.
This Agreement constitutes the entire agreement between you and DietFit with respect to your use of the Site, superseding any prior agreements between you and DietFit relating to such subject matter.
Paper Copy of this AgreementYou have the right to receive a paper copy of this Agreement. If you want to have a paper copy of this Agreement please contact DietFit at firstname.lastname@example.org. In the meantime, you may retain a paper copy by printing this Agreement after you have finished entering the required information, and retaining the print-out for your records. A printer-friendly (PDF format) version of this Agreement is available here.
If you have any questions about this Agreement, you may contact DietFit at email@example.com.