Welcome to Dietamerica.net. By using the Website,you agree to be bound by these Terms of Service (this “Agreement”). Users who sign up or register to use any Service are referred to in this Agreement as “Registered Users.” In addition, Registered Users will be required to read this Agreement and indicate their acceptance of its terms by following the instructions on a “Sign Up” page, and checking the box labeled “I agree.”
PLEASE NOTE: NONE OF THE CONTENT IS INTENDED AS PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, AND IS FOR INFORMATIONAL PURPOSES ONLY. IF YOU HAVE, BELIEVE THAT YOU HAVE, OR HAVE ANY QUESTIONS REGARDING ANY CONDITION REQUIRING MEDICAL ATTENTION, PLEASE SEEK THE ADVICE OF YOUR PERSONAL PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER. NEVER DISREGARD OR DELAY IN SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OF ANY CONTENT FOUND ON THE WEBSITE, OR SUBSTITUTE ANY CONTENT FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
THE WEBSITE IS NOT INTENDED TO AID IN TREATING ANY MEDICAL PROBLEM OR CONDITION THAT YOU OR ANY OTHER PERSON MAY CURRENTLY HAVE. IF YOU THINK YOU OR ANOTHER PERSON MAY HAVE A MEDICAL EMERGENCY, CALL YOUR PERSONAL PHYSICIAN OR 911 IMMEDIATELY.
WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC ORGANIZATION, PHYSICIAN, OR OTHER HEALTH CARE OR NUTRITIONAL SERVICE PROVIDER, INCLUDING ANY THIRD PARTY WHO MAY PROVIDE THE CONTENT THAT IS PUBLISHED ON THE WEBSITE.
WE DO NOT RECOMMEND OR ENDORSE ANY MEDICATION, DIET OR NUTRITION PLAN, FOOD, VITAMIN, SUPPLEMENT, OR OTHER HEALTH OR NUTRITION PRODUCT, NOR DO WE RECOMMEND OR ENDORSE ANY PARTICULAR TEST, PROCEDURE, OPINION, OR OTHER INFORMATION THAT MAY BE CONTAINED IN THE CONTENT ON THE WEBSITE. ANY USE OF OR RELIANCE ON ANY OF THE CONTENT, WHETHER PROVIDED BY US OR A THIRD PARTY IS SOLELY AT YOUR OWN RISK.
THE WEBSITE MAY CONTAIN CONTENT WITH REGARD TO HEALTH, NUTRITION, OR MEDICAL DIAGNOSIS OR TREATMENT THAT IS GRAPHIC AND/OR SEXUALLY EXPLICIT IN NATURE. IF YOU FIND THIS CONTENT OFFENSIVE, OR IF YOU BELIEVE THAT VIEWING, READING, OR OTHERWISE ACCESSING THIS CONTENT MAY BE PROHIBITED BY ANY LOCAL LAW, RULE, OR REGULATION APPLICABLE TO YOU, YOU SHOULD NOT VIEW, READ OR ACCESS SUCH CONTENT.
1. Eligibility. You must be 18 or older to become a Registered User or to use the Website. Use of the Website is void where prohibited. By agreeing to these terms or by using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Registered User. You may terminate your use of the Website or any Service at any time, for any reason. If you are a Registered User, you may cancel your account by following the instructions on the appropriate user profile page. We may terminate the account of any Registered User for any reason, at any time. If you are a Registered User of any paid Service, and we terminate your account because you have breached this Agreement, you will not be entitled to any refund of unused subscription or use fees. Even after you cease any use of the Website or your account as a Registered User is terminated, certain sections of this Agreement will remain in effect. See Section 14 below for a list of the provisions of this Agreement that will survive the termination of your use or account.
3. Other Agreements. Please note that, if you sign up for any Service that is provided by a third party, then you may be required to agree to terms of service with that third party as well. Any such terms of service are different from and in addition to this Agreement. You can find a link to the current version of the terms of service for each of our third party service providers on their respective websites.
4. Non Commercial Use of the Website. The Website and Services are for your personal use only and may not be used in connection with any commercial endeavors without our express written consent in each case. Organizations, companies, and/or businesses may not become Registered Users and should not use the Content, the Website or any Service for any purpose. You may not copy, transfer, or use any Content published on the Website or provided through any Service for the purpose of selling, engaging in, marketing, or promoting any other product or service. Illegal and/or unauthorized uses of the Website or any Service, including collecting information about other users of the Website, such as e-mail addresses or other personally identifiable information by electronic or other means for the purpose of sending unsolicited e-mail, unauthorized framing of or linking to the Website, or any other use not expressly permitted in this Agreement will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In addition to the above restrictions, if you are a Registered User, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your account information or to other Content provided to the Website for the purpose of extracting such information or other Content.
5. Proprietary Rights in Content.
1. Rights in Content Provided by Us or, Our Licensors, or Registered Users. As between you and us, we own and retain all proprietary rights in the Website and any and all Services provided or obtained through the Website. The Website and such Services contain certain copyrighted material, including Content, trademarks, and other proprietary information owned by us, our licensors, or, in some circumstances our Registered Users. Except for any information which is In the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Content or other proprietary materials or information without our express written consent in each case.
2. Rights in Content Posted by You. By publishing, displaying, or uploading (collectively, “Posting”) any Content on or to the Website (e.g., to discussion boards, advice columns, surveys, user feedback areas, etc.), you automatically grant, and you represent and warrant that you have the right to grant, to us a non-exclusive, transferable, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. The licensed granted by you pursuant to this Section 5(b) shall remain in effect so long as such Content remains Posted on the Website. You have the right to terminate the license granted pursuant to this Section 5(b) with regard to certain Content Posted by you on or to the Website by following the instructions provided in connection with the applicable area of the Website. For all other Content Posted by you on or to the Website, in order to terminate this license and have such Content removed from the Website, you may contact us.
6. Content Posted by You to the Website.
1. Removal of Content. By using the Website and/or any Service, you understand and agree that we may review and delete any Content that you Post on any area of the Website that we, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal, or (3) might violate the rights of, harm, or threaten the safety of any other user of the Website.
2. Responsibility for Content. You are solely responsible for the Content that you Post on the Website or to any Service, or transmit to any other user of the Website.
3. Prohibited Content. Below is a partial list of the kind of Content that is illegal or prohibited on the Website. Posting of any of this Content by you may, in our sole discretion, result in termination of your account as a Registered User. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website and reporting such violators to the appropriate legal authorities. Prohibited Content includes, but is not limited to, Content which, in our sole judgment:
is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail,” “chain letters,” “spam,” or any other unsolicited mass mailing, e-mailing, or other communication;
includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous;
constitutes or includes any illegal or unauthorized copy of another person’s copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music or video or links to pirated music or video files, or (4) Content which otherwise violates the terms of Section 8 below;
displays pornographic or sexually explicit material of any kind;
includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website; or
constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, advertising, or pyramid schemes.
Even though all of the above Content is strictly prohibited, there is a small chance that you might become exposed to such items while using the Website or one or more Services. If so, neither we, nor any of our officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure. Please see Sections 9 and 10 below for further limitations on our liability.
1. Further Restrictions on Your Use of the Website and the Services.
1. You must use the Website and any Services in a manner consistent with any and all applicable laws and regulations.
2. Although we cannot monitor the conduct of the users of the Website when not using the Website, it is a violation of this Agreement to use any information obtained on the Website or from any Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other user of the Website without our prior explicit consent and the consent of such user.
2. Copyright Protection Policy. You may not Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned by another party without obtaining the prior written consent of the owner. If you believe that your work has been copied and Posted on or to the Website in a way that constitutes copyright infringement, please contact us.
1. We are not responsible for any incorrect or inaccurate Content Posted on the Website or in connection with any Service, whether such Content is Posted by us, other users of the Website, our advertisers or corporate partners, or by any of the equipment or programming associated with or utilized in the operation of the Website or any Service.
2. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE OR ANY SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO USERS OF ANY SERVICE, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
3. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website, or otherwise in any way in connection with any Service. The Website and the Services are provided “AS-IS” and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ANY SERVICE. No advice or information, whether oral or written, obtained by you from us, or from or through the Website shall create any warranty not expressly stated herein.
4. Limitation on Liability. Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or any Service, even if we have been advised of the possibility of such damages.
5. Disputes. If there is any dispute between you and us about or involving the Website or any Service, by using the Website or such Service, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction under and venue in the state and federal courts located in San Francisco, California for the resolution of any such dispute.
6. Indemnity. You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents, employees, and corporate or other partners harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or relating to: (a) your use of the Website or any Service (including the Posting by you of any Content on the Website) in violation of this Agreement; (b) any other breach of this Agreement by you; or (c) any breach of your representations and warranties set forth above.
7. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other user of the Website.
8. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination, and you and we will continue to be bound by such terms indefinitely: Section 2 (Term), Section 5 (Proprietary Rights in Content), Section 9 (Disclaimers), Section 10 (Limitation on Liability), Section 11 (Disputes), Section 12 (Indemnity), Section 14 (Survival), and Section 15 (Other).
Please contact us with any questions regarding this Agreement.