FindYourDiet.Com Terms & Conditions of Use / Service Agreement
FindYourDietTM IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), NOR IS THE INFORMATION PROVIDED BY YOU TO FindYourDietTM CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT.
The information presented on the Site is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Site. Your physician should allow for proper follow-up visits and individualize your diet, nutrition and/or fitness plan as appropriate. Nothing stated or presented on the Site is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen or any other matter related to your health and well-being.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Member Services and/or Site. The Agreement constitutes the entire and only agreement between you and FindYourDietTM with respect to your use of the Member Services and/or Site and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Member Services, Site, the content contained therein and/or the analyses, research, opinions and other information provided by or through same. FindYourDietTM may change the Agreement, and the scope and functionality of the Member Services, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Site. Your continued use of the Member Services and/or Site following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that FindYourDietTM is not responsible or liable in any manner whatsoever for your inability to use the Site and/or the Member Services.
2. Requirements. The Site and/or the Member Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.
3. Description of the Site. Subject to the terms and conditions of the Agreement, end-user visitors to the Site ("Visitors") that possess the requisite technology shall have the opportunity to view all Feedback (as defined below), media, text, images, graphics, user interfaces, audio, video, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content") as compiled, distributed and displayed by Members, FindYourDietTM and other third party content providers ("Third-Party Providers"). In addition, end-users shall have the opportunity to apply for the various FindYourDietTM Services as described more fully below.
The Interactive Services (as that term is defined hereinbelow) and Site contain Feedback, Content, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations and other information that is provided directly by Members and/or Third-Party Providers, as applicable. Such Feedback, Content, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations and other information are from the applicable Members and/or Third-Party Providers and not FindYourDietTM, and should not necessarily be relied upon. Such Members and/or Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness or usefulness of such materials. FindYourDietTM does not represent or warrant that the Feedback, Content, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations and other information posted in the Interactive Services or otherwise by and through the Member Services and/or Site is accurate, complete or appropriate. You understand and agree that FindYourDietTM will not be responsible for, and FindYourDietTM undertakes no responsibility to monitor or otherwise police, such Feedback, Content, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations and other information. You agree that FindYourDietTM shall have no obligations and incur no liabilities to you in connection with any such Feedback, Content, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations and other information appearing in the Interactive Services or otherwise by and through the Member Services and/or Site.
FindYourDietTM does not control the information provided by Members and/or Third-Party Providers that is made available within the Interactive Services or otherwise by and through the Member Services and/or Site. You may find certain Feedback, research, analyses, offerings and/or other information as posted by Members and/or Third-Party Providers to be offensive, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Member Services including, without limitation, the Interactive Services, and/or other areas of the Site. You are solely responsible for your interactions with other Site-users including, but not limited to, Members, Visitors, Third-Party Providers and/or other third parties. Because we are not involved in Site-user interactions, in the event that you have a dispute with one or more Members, Visitors, Third-Party Providers and/or other third parties, you hereby release FindYourDietTM including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. FindYourDietTM reserves the right, but has no obligation, to monitor disputes between you and other Members, Visitors, Third-Party Providers and/or other third parties.
If you would like to register a complaint, notify FindYourDietTM of a dispute or notify us of inaccurate or misleading information appearing on the Site, or otherwise through the Member Services, please feel free to contact us at 1-(866)-576-4135.
4. Description of the Member Services. By registering on the Site, filling out the applicable registration forms and receiving approval from FindYourDietTM, you can, for a fee, obtain, or attempt to obtain, access to the Member Services as a Member. The Member Services will enable you to: (i) obtain customized diet and nutrition related content and advice; (ii) utilize the Site's many interactive features designed to foster interaction between you and other Visitors and Members including, but not limited to, forums, blogs, messageboards and other comment sections located on the Site ("Interactive Services"); (iii) enter the guaranteed weight loss promotion ("Weight Loss Promotion"); and (iv) make purchases from the Site's related product and/or service offerings. Pursuant to the Weight Loss Promotion, FindYourDietTM will guarantee that participating Members will lose a specified amount of weight designated for each such Member. Where the Member complies with the applicable Weight Loss Promotion regimen of diet and exercise for the first six (6) consecutive months of Membership, yet fails to lose the amount of weight specified and follows the Refund (as that term is defined below) guidelines set forth in Section 6 below, then such Member shall receive a full refund of the Membership Fees (as that term is defined below) associated with Membership during such six (6) month period. FindYourDietTM, in its sole discretion, shall make any and all determinations regarding Refunds and compliance with the Guaranteed Weight Loss Promotion, and such determinations shall be final and binding.
As a Member, in connection with the Member Services and otherwise, you must comply with all foreign and domestic, federal, state and local laws, statutes, rules, regulations and judicial decrees. FindYourDietTM reserves the right to prohibit any conduct by Members, remove any content from the Interactive Services and/or cancel any Member accounts where FindYourDietTM deems, in its sole and absolute discretion, the applicable Member to be in violation of the Agreement or who FindYourDietTM believes may expose FindYourDietTM to harm, damage to reputation or liability. Notwithstanding the foregoing, FindYourDietTM undertakes no responsibility to monitor or otherwise police the Interactive Services, as well as the information made available by Third-Party Providers. You agree that FindYourDietTM shall have no obligations and incur no liabilities to any party in connection with any such content made available by and through the Interactive Services. FindYourDietTM does not represent or warrant that the Content and Feedback posted in the Interactive Services is accurate, complete or appropriate. You understand and agree that FindYourDietTM is not responsible or liable in any manner whatsoever for your inability to use the Member Services including, without limitation, the Interactive Services, or for any dispute between Members and other Members, Visitors or other third parties. You understand and agree that FindYourDietTM shall not be liable to you, any other Members, Visitors or any third party for any claim in connection with your use of the Member Services including, without limitation, the Interactive Services.
As a Member you agree that you are solely responsible for the content, feedback and/or other information that you publish, transmit and/or post by and through the Interactive Services, whether publicly posted or privately transmitted ("Feedback"). In connection with the Content, Feedback and/or other information that you publish, transmit and/or post by and through the Interactive Services, you agree not to: (a) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (b) display any audio files, text, photographs, videos or other images containing confidential information of a third party; (c) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (d) impersonate any person or entity; (e) "stalk" or otherwise harass any person; (v) transmit any chain letters, spam or junk e-mail; (f) engage in unauthorized advertising to, or solicitation of, Visitors and/or other Members in an effort to buy or sell any products or services; (g) express or imply that any statements that you make are endorsed by FindYourDietTM, without our specific prior written consent; (h) harvest or collect personal information of Visitors or other Members, whether or not for commercial purposes, without their express consent; (i) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (j) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (k) remove any copyright, trademark or other proprietary rights notices contained on the Site; (l) interfere with or disrupt any of the Site's functions, services and/or the servers or networks connected to the Site; (m) post, offer for download, 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; (n) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party, including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (o) "frame" or "mirror" any part of the Site, without our prior written authorization; (p) use metatags or code or other devices containing any reference to FindYourDietTM and/or the Site in order to direct any person to any other website for any purpose; and/or (q) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your Member Services Account without notice, in the sole discretion of FindYourDietTM. FindYourDietTM reserves the right to pursue any and all legal and equitable remedies against Members that engage in the aforementioned prohibited conduct.
5. Registration/Account/Fees. By signing up for FindYourDiet Services, you agree to pay a monthly fee of $14.95 which will appear on your telephone bill as "FindYourDiet Monthly Fee." You may cancel your service at any time with notification to FindYourDiet. By canceling your FindYourDiet account you are relinquishing your rights to any and all of the FindYourDiet Services and your rights to use and receive any of our privacy services, and obtain any updates to such services. If you should have any questions or concerns regarding billing and payment, you may call a FindYourDiet representative at 1-866-576-4135.
Completion of FindYourDiet Questionnaires, Surveys and Registration Forms. In exchange for FindYourDiet providing the FindYourDiet Services, you agree to provide FindYourDiet with accurate and complete information it may request, from time to time, through questionnaires, surveys and registration forms.
You expressly permit and authorize FindYourDiet (and such third parties as may be authorized by FindYourDiet, subject to the Privacy Statement) to furnish you, electronically when you use the FindYourDiet Services or by any other means selected by FindYourDiet, information prepared by FindYourDiet or by (or on behalf of) other entities, including advertising information and solicitations. You acknowledge that any such information, advertisements and solicitations are an inseparable part of the FindYourDiet Services, and you understand and agree that the furnishing of such information, advertisements and solicitations to you cannot be terminated unless the FindYourDiet Services is also terminated. Notwithstanding the foregoing, you may elect to not receive such information from third parties at the alternate email address you may have provided to FindYourDiet and your personal profile may indicate that you are not currently required to receive such information from third parties at your FindYourDiet email address.
6. Billing. By using the FindYourDiet Services, you agree to accept the fees described above, as they may be amended from time to time, you may incur as a result of using FindYourDiet Services, including but not limited to, set-up fees, fees for supplemental services or features and purchases made through the use of FindYourDiet Services. You will be notified of any applicable fees prior to incurring liability for such fees and, by providing your telephone number and/or billing information, you agree that you are liable for payment of such fees. You agree that all such fees may be applied to your local telephone bill and that you have the authority to authorize such billing. You hereby authorize FindYourDiet (or its partners and/or agents) to charge to the telephone number you provided to FindYourDiet all such fees on a recurring basis. You acknowledge and agree that FindYourDiet will not obtain any additional authorization from you for this recurring payment. Every time you use FindYourDiet Services, you re-affirm that FindYourDiet is authorized to charge your telephone number and to have fees applied to your local telephone billing system. If you have any billing-related questions or want to stop a recurring payment from being charged to your local telephone bill account, call our billing support number (1-866-576-4135). FindYourDiet reserves the right to change its billing methods at any time and FindYourDiet will provide notice of any such changes in the same manner as described above for changes in the Rules and/or scope of FindYourDiet Services. If you do not like these changes, you may stop using the FindYourDiet Services at any time; however, you will not be entitled to receive a refund for the charges you have already incurred and you are responsible for timely payment of such amounts (including any applicable late fees). In the event you have prepaid for an extended period of time and we either terminate your FindYourDiet Services or we make a material change to the FindYourDiet Services that adversely impacts you and elect to terminate the FindYourDiet Services, as your sole and exclusive remedy you will be entitled to a refund for amounts prepaid to cover future periods from the date of termination. The amount prepaid will be based on the average monthly cost over the service period. If you pay for our services on a monthly basis, you will not be entitled to a refund if you elect to terminate your account.
7. Cancellation. You may cancel your Membership at any time. If you are not completely satisfied with the Member Services, and decide to cancel your Membership you will not incur any futher Membership Fees, but will be responsible for previously accrued Membership Fees. To cancel your Membership at any time, please contact FindYourDietTM customer services at (866)-576-4135 to cancel. Please have your e-mail address and other Registration Data available for efficient processing of your cancellation order. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with FindYourDietTM. Upon any termination and/or cancellation of your Membership, your license grant, as set forth in Section 8 hereinbelow shall immediately terminate.
8. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Content, Weight Loss Promotion and all other material posted or made available by and through the Member Services in accordance with the Agreement. FindYourDietTM may terminate this license at any time for any reason. Unless otherwise expressly authorized by FindYourDietTM, as a Member and/or Visitor, you may only use the Content, Site, Weight Loss Promotion and/or Member Services for your own personal, non-commercial use. No part of the Site including, but not limited to, the Content, Weight Loss Promotion and/or Member Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Content, Weight Loss Promotion, Member Services and/or any portion thereof. You may not create any "derivative works" by altering any aspect of the Content, Site, Weight Loss Promotion and/or Member Services. You may not use the Content, Site, Weight Loss Promotion and/or Member Services in conjunction with any other third-party content. You may not exploit any aspect of the Content, Site, Weight Loss Promotion and/or Member Services for any commercial purposes not expressly permitted by FindYourDietTM. You further agree to indemnify and hold harmless FindYourDietTM for your failure to comply with this Section 8. FindYourDietTM reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure.
9. Proprietary Rights. All Content and other material posted or made available by and through the Member Services including, but not limited to, the design, selection, arrangement and coordination of such Content, Weight Loss Promotion and/or Member Services available on the Site is owned or licensed by or to FindYourDietTM, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Site, Content, Weight Loss Promotion or other material posted or made available by and through the Member Services may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without FindYourDiet'TM prior express written consent. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from FindYourDietTM is prohibited. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content, Weight Loss Promotion, other material posted or made available by and through the Member Services or any document, software, services or other materials viewed at or through the Site. The posting of information or material at the Site by FindYourDietTM does not constitute a waiver of any right in such information and materials. FindYourDietTM reserves all rights not expressly granted hereunder. The "FindYourDiet" name and logo are trademarks of findyourdiet LLC. All custom graphics, icons and service names are trademarks of FindYourDietTM. All other trademarks are the property of their respective owners. The use of any FindYourDietTM trademark without FindYourDiet'TM express written consent is strictly prohibited. Where provided by, or based on information provided by, a Member, Visitor, Third-Party Provider or other third party, FindYourDietTM exercises no control over the Content or other information made available on the Site and/or passing through its network or equipment. Disputes may arise between you and others or between you and FindYourDietTM related to such Content or other material posted or made available by and through the Site or commercial activity conducted by and through the Site. Such disputes could involve, among other things, the Content; other material posted or made available by and through the Member Services; use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; infringement upon rights of publicity and/or privacy; the use or misuse of information; and violations of law. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the Content or other information that you transmit, re-transmit or receive through the Site and/or Member Services are your sole and exclusive responsibility. FindYourDietTM expressly disclaims all responsibility and liability for uses by you of any Content or other information obtained on or in connection with the Site.
10. Bypassing or Disabling any Portion of the Member Services or Software. If you bypass or disable any portion of the Member Services, Site or associated software including, without limitation, blocking the operation of any FindYourDietTM systems, you are in violation of the Agreement and FindYourDietTM may suspend or terminate your use of the Site and/or Member Services without notice. Termination of your applicable Member Services Account(s) will not excuse you from any criminal or other civil liabilities that may result from your actions. If your Member Services Account(s) is/are terminated for any reason you will, thereafter, be unable to access your applicable Member Services Account(s).
11. Accessing Member Services. You are responsible for obtaining and maintaining, at your own cost and expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Member Services and for ensuring that such equipment and services are compatible with FindYourDiet'TM requirements.
12. Indemnification. You agree to indemnify and hold FindYourDietTM, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (i) your use of the Site; (ii) your breach of the Agreement; and/or (iii) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of FindYourDietTM, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
13. Disclaimer of Warranties. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE WEIGHT LOSS PROMOTION AND/OR ANY OTHER MEMBER SERVICES, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, FindYourDietTM MAKES NO WARRANTY THAT THE SITE, ANY INFORMATION CONTAINED THEREIN, THE WEIGHT LOSS PROMOTION AND/OR ANY OTHER MEMBER SERVICES: (i) WILL MEET YOUR REQUIREMENTS; (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (iii) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (iv) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; (v) WILL RESULT IN ANY SPECIFIC WEIGHT LOSS OR HEALTH-RELATED OUTCOME; AND/OR (vi) WILL BE ACCURATE OR RELIABLE. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE WEIGHT LOSS PROMOTION AND/OR ANY OTHER MEMBER SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FindYourDietTM WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE INTERACTIVE SERVICES AND/OR FROM FindYourDietTM, ANY MEMBERS, THIRD PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
14. Limitation of Liability. YOU EXPRESSLY
UNDERSTAND AND AGREE THAT FindYourDietTM
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF FindYourDietTM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT
PERMISSIBLE BY LAW FOR: (i) THE USE OR THE INABILITY TO USE THE SITE, ANY
INFORMATION CONTAINED THEREIN, THE WEIGHT LOSS PROMOTION AND/OR ANY OTHER
MEMBER SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER MEMBER
SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (iii) THE UNAUTHORIZED
ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR VERIFIED PROFILE;
(iv) THE FAILURE TO REALIZE ANY SPECIFIC WEIGHT LOSS OR HEALTH-RELATED OUTCOME
(OTHER THAN IN CONNECTION WITH THE REFUND ASSOCIATED WITH THE WEIGHT LOSS
PROMOTION); AND (v) ANY OTHER MATTER RELATING TO THE SITE, ANY INFORMATION
CONTAINED THEREIN, THE WEIGHT LOSS PROMOTION AND/OR ANY OTHER MEMBER SERVICES.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING,
BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE
FindYourDietTM FROM ANY AND ALL
OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF
FindYourDietTM TO YOU UNDER ANY
AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED ($500) DOLLARS. NO ACTION,
REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMATION
CONTAINED THEREIN, THE WEIGHT LOSS PROMOTION AND/OR ANY OTHER MEMBER SERVICES
MAY BE BROUGHT BY YOU OR FindYourDietTM
MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF
ACTION. THE NEGATION OF DAMAGES SET
15. Third Party Websites. The Member Services and Site contain links to other websites on the Internet that are owned and operated by third parties. In some instances, these websites are co-branded and the third parties are entitled to use FindYourDiet'TM name and logo on their third party websites. FindYourDietTM does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by FindYourDietTM of the applicable website or any association with the website's operators. Because FindYourDietTM has no control over such websites and resources, you agree that FindYourDietTM is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that FindYourDietTM shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
17. Miscellaneous. The Agreement shall be
treated as though it were executed and performed in
18. How to Contact Us. Our "Contact Us" page contains information that allows you to contact us directly with any questions or comments that you may have. We listen to or read, as applicable, every message sent in and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about the Agreement or the practices of FindYourDietTM, please feel free to contact us at 1-(866)-576-4135