DESCRIPTION OF SERVICE
Dieting-Review.com currently provides users with a discussion forum and a web site (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Dieting-Review.com resources, shall be subject to the Terms and Guidelines as presented herein.
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. Dieting-Review.com 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 /or non-infringement.
(b) Dieting-Review.com makes NO warranty that
a. The Service will meet your requirements,
b. The Service will be uninterrupted, timely, secure, or error-free,
c. The results that may be obtained from the use of the Service will be accurate or reliable,
d. The quality of any products, services, information, or other material obtained by you through the Service will meet your expectations, and
e. Any errors in the Software will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk. You are solely responsible for any damage to Your computer system, ot 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 Dieting-Review.com or the Weight Loss Support Forum shall create any warranty not expressly stated in the Terms and Guidelines.
Although posted information and help is available to you, Everything on this website is for general information ONLY. You agree that Dieting-review.com and the Weight Loss Support Forum are not responsible for any diagnosis made by any user based upon any content on this website, and that you will make your own independent evaluation of the suitability of the content for your own purposes
ALWAYS CONSULT WITH YOUR OWN DOCTOR OR NUTRITIONIST BEFORE FOLLOWING ANY DIET HERE, OR IF YOU ARE CONCERNED ABOUT YOUR HEALTH.
TERMS AND GUIDELINES
By accessing or using this Site in any way, including, without limitation, registration and any use of the Site, or merely browsing the Site, you agree to and are bound by the Terms of Service.
- Acceptance of terms
Dieting-Review.com makes this Web site (the “Site”), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the “Materials”) and any services operated by Dieting-Review.com and/or third parties through the Site (collectively, the “Services”), available for your use subject to the Terms and Guidelines set forth in this document and any changes to this document that Dieting-Review.com may publish from time to time (collectively, the “Terms and Guidelines”).
Dieting-Review.com reserves the right to change the Terms and Guidelines posted on the Site from time to time at its sole discretion without any notice to You. Notice of material changes will be provided on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted will constitute your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms and Guidelines posted on the Site at the time of such use. You should periodically check the “Terms and Guidelines” link, accessible from any page of the Site, to view the then-current terms. If you breach any of the Terms and Guidelines, your authorization to use this Site automatically terminates, and any Materials and information downloaded or printed from the Site in violation of the Terms and Guidelines must be immediately destroyed.
- TERMS OF SERVICE (TOS)
You agree to not use the Service to:
(a) access or attempt to access non-public information of other members. Any use of any subscriber’s private information is prohibited.
(b) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(c) impersonate any person or entity, including, but not limited to, a Dieting-Review.com official, forum leader, moderator or administrator; or falsely state or otherwise misrepresent Your affiliation with any person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(e) upload, post or otherwise transmit any Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
(h) upload, post 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;
(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(j) 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;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, laws and regulations of the United States of America;
(l) “stalk” or otherwise harass another;
(m) collect or store personal data about other users;
(n) promote or provide instructional information about illegal activities, or promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
(o) harm minors in any way;
(p) have multiple Dieting-Review.com registrations that are within the same Weight Loss Support Forum; or
(q) engage in any commercial activities using the Dieting-Review.com site or the Weight Loss Support Forum.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
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.
- Content of Messages
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that You, and not Dieting-Review.com, are entirely responsible for all Content that You upload, post or otherwise transmit via the Service. You acknowledge that Dieting-Review.com does not pre-screen nor control Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, You may be exposed to Content that is offensive, indecent or 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.
You acknowledge and agree that Dieting-Review.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service that violates the TOS or is otherwise objectionable.
You agree that Dieting-Review.com, in its sole discretion, may terminate Your forum password, forum username, use of the Service, or use of any other Dieting-Review.com service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Dieting-Review.com believes that You have violated or acted inconsistently with the letter or spirit of the TOS. Dieting-Review.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of Your access to the Service under any provision of this TOS may be effected without prior notice.
By submitting Content to the Site, the User agrees to the use of their images and comments by Dieting-Review.com for any advertising and/or editorial purposes, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised, without any compensation, with credit to originator, unless such usage is prohibited by law. By submitting comments and images to Dieting-Review.com or the Weight Loss Support Forum, You grant Dieting-Review.com permission to use, reproduce, display, perform, modify, transmit, and distribute such User Content. You also agree that Dieting-Review.com is free to use any ideas, concepts, know-how, or techniques that You send us or post to the Forum, for any purpose, without any compensation to You.
- No Resale of Service
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Dieting-Review.com, You agree not to modify, rent, lease, loan, sell, resell, exploit, distribute or create derivative works based on any portion of the Service in whole or in part, use of the Service, access to the Service, or the Software used by the Service.
The Service may provide links to other World Wide Web sites or resources. Because Dieting-Review.com has no control over such sites and resources, You acknowledge and agree that Dieting-Review.com is not responsible for the availability of such external sites or resources, and that Dieting-Review.com 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 Dieting-Review.com 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.
- General Information
The Terms of Service constitutes the entire agreement between You and Dieting-Review.com, and governs Your use of the Service, superseding any prior agreements between You and Dieting-Review.com or You and the Weight Loss Support Forum (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when You use affiliate or other Dieting-Review.com services, third-party content or third-party software. The TOS and the relationship between You and Dieting-Review.com shall be governed by the laws of the United Kingdom, without regard to any conflict of law provisions. You and Dieting-Review.com agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom. The failure of Dieting-Review.com 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 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. The section titles in the TOS are for convenience only and have no legal or contractual effect.
- General Practices Regarding Use and Storage
You acknowledge that Dieting-Review.com may establish general practices and limits concerning use of and uploading of information and images to the Service.
- Modifications to Service
Dieting-Review.com 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 Dieting-Review.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Limitation of Liability
You expressly understand and agree that that Dieting-Review.com and its designees 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 Dieting-review.com has been advised of the possibility of such damages), resulting from:
(a) The use of the inability to use the Service;
(b) The cost of procurement of substitute goods and services resulting from any Goods, Data, Information, or Services purchase or obtained or messages received or transactions entered into through or obtained from the Service;
(c) Unauthorized access to or alteration of your transmissions or data;
(d) Statements or conduct of any Third Party on the Service; or
(e) Any other matter relating to the Service.
You agree to indemnify and hold Dieting-Review.com, 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 your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Accordingly, some of the above Limitations of sections 9 and 10 may not apply to you.