Terms and Conditions
Please read these Terms and Conditions of Use (“Terms”) carefully. These Terms apply to the websites owned (however accessed and/or used, whether via personal computers, mobile devices, or otherwise) or controlled by My Sports Dietitian or other interactive features that are accessible or downloadable through the web sites owned or controlled by My Sports Dietitian (collectively, the “Web Sites”). The Terms govern the manner in which you may access the Site and use any of our services, products or functions. The terms (“You”) and (“User”) refer to all individuals and entities that access the Site.
If you wish to become a registered user, communicate with other users and make full use of Site, you must read this agreement and indicate your acceptance during the registration process. By accessing the Web Sites you accept, without limitation or qualification, the following Terms. You are only authorized to use these Web Sites and its services if you agree to abide by all these Terms. If you do not accept these Terms, you must discontinue use of the Web Sites.
Modifications to Terms
We may modify these Terms from time to time and such modification will be effective upon posting on the Web Sites. You agree to be bound to any changes to these Terms when you use these Web Sites after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made. We will do our best to notify you or post announcements on the site if anything important needs to be known.
Content on the Web Sites is for informational purposes only and is not intended to replace the relationship with your physician or other medical provider. The Site should not be used by people who have adverse medical or nutritional conditions. If you suspect you have a medical condition or nutritional condition(s) consult your physician.
You represent that you are using the Site for its intended purposes. If you are registering or using this site on behalf of a company or other organization, you represent that you have the authority to bind your employer by your actions.
When you register an account with the Site you will be prompted to complete the registration form. You agree to provide true, accurate, current and complete information about yourself. If you provide any information that is untrue, inaccurate, offensive the Web Sites have the right to suspend or terminate your account without notice to you and refuse any and all of your current or future use of Web Sites. Your affirmative act of using these Web Sites and/or registering for the Web Sites constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically. If you are between the ages of 13-17, a parent’s approval will be required before registering an account.
Account Age and Eligibility
You are not permitted to use these Web Sites if you are under 13 years of age. When you create an account you certify that you meet this age requirement. If you do not meet this age requirement but still create an account, or if we suspect you do not meet this age requirement, we will consider you in violation of these Terms and terminate your account immediately without prior notice. If you are between the ages of 13-17, your parent will be required to approve your account creation through an email invitation from a Site Administrator.
Passwords and Account Security
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. Further you agree to ensure that you exit from your account at the end of each session in which you use it. The Site cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your account as a result of your failure to maintain its security.
In relationships with any other users on Web Sites, you agree not to transmit “spam” or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy or infringing of another’s intellectual property rights. Users found using email or any other contact information in this manner may have their account t suspended or terminated without prior notice. We are not responsible for the content of email messages sent to you from other users.
If you are not satisfied with the Web Sites or its services, you may terminate your Account and request a refund of fees you paid within 30 days after purchase by emailing us at firstname.lastname@example.org. All accounts associated with that payment will also be terminated.
Cancellation/Termination of Account
At any time, you may cancel or terminate your Account. Contact us at email@example.com to request to terminate or cancel your account. The Web Sites at its sole discretion can cancel or terminate your account without prior notice. We may (but are not obligated) to remove any and all information and/or files related to your account and/or deny any access to such information.
Changes to Web Sites
The Web Sites may change or discontinue, temporarily or permanently, any feature or component of the Web Sites at any time without further notice. You agree that Web Sites shall not be liable to you for any modification, suspension or discontinuance of any feature or component of the Web Sites.
The Web Sites is provided “As Is”. Neither Web Sites nor its partners, suppliers or affiliates make any representation or warranties of any kind, expressed or implied, as to the operation of the Web Sites, its content and applications. Furthermore, We Sites do not warrant that use of the Web Sites will be uninterrupted at any time from any particular location, secure or error free, that defects will be corrected, or that the Web Sites are free of viruses or other potentially harmful components.
Third Party Websites
The Web Sites may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and 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 we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.
Reservations of Intellectual Properties
Except for the User generated content, the Web Sites and all aspects thereof, including all content and applications available via the Web Sites and all of its copyright, trademarks, and other intellectual property rights therein, is owned by Web Sites or its licensors. You acknowledge that the Web Sites and any underlying technology used in connection with Web Sites contain the Web Site’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publically display or commercially exploit any part of the Web Sites, including any application available via the Web Sites, except as necessary to view the content on the Web Sites or use an application (without modification) for your personal, non-commercial use. All rights in the Web Sites not expressly granted by Web Sites to you are retained by Web Sites and its licensors.
Without limiting any other provisions of these Terms, you may not use this Site for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Site may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.
You expressly agree not to:
* Use Site or its contents for any commercial purpose.
* Access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
* Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure.
* “frame,” “mirror” or otherwise incorporate any part of Site into any other website without our prior written permission.
Content on the Site
The material on these Web Sites are protected by the United States of America and international copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from Web Sites without a license or other written permission obtained in advance, including but not limited to text, audio, video, code and software. During your visit to the Web Sites, however, you may download material displayed for non-commercial, personal use only (provided that you also retain all copyright and other proprietary notices contained on the materials). We neither warrant nor represent that your use of materials displayed on this Web Sites will not infringe rights of third parties not owned by us or affiliated with Web Sites.
Web Sites provides you and other users with an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, or others (“Post” or “Postings”). Postings do not reflect our views; and we have no obligation to monitor, edit, or review any postings , chat, blogs, groups, etc. We assume no responsibility or liability arising from the content neither of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on these Web Sites. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Without limiting the foregoing, the following behaviors are strictly prohibited:
* Strong, vulgar, obscene or otherwise harmful language
* Racially, ethnically or otherwise, objectionable language
* Harassing, intimidating, stalking or threatening other community members
* Libelous, defamatory or otherwise tortuous language
* Online vandalism
* Impersonation of another person or persons
* Posting, distributing, transmitting or promoting illegal content
* Invasion of another’s privacy
* Actions that are hurtful or harmful to minors
* Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party
* Posting, providing, transmitting or otherwise making available any junk mail or spam
* Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials on this Site.
We will cooperate with any law enforcement authorities or court order requesting or directing Site to disclose the identity of anyone posting any such information or materials.
User Generated Content
You represent and warrant that (i) you own the content Posted by you on Web Sites or otherwise have the right to grant the license set forth below in the subsequent paragraph, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Other than PHI (Protected Health Information), content which you submit and/or to which you hold copyright (registered or at common law) is subject to a non-exlcusive, worldwide, royalty free license for any purpose other than commercial alienation by Web Sites. This may include non-confidential notes or publications, nutrition guides, recipes, reviews or discussions regarding care techniques of providers .
You may submit content which is in public domain. When you contribute content that is in public domain, you warrant that such content is actually in public domain, and you agree to label it appropriately and be prepared to furnish information to support your warrant if reasonably requested by another user or by Web Sites.
While Web Sites may, at its own discretion, save or archive certain amounts of content submitted by users, you are always responsible for saving and backing-up copies of any content that you submit or otherwise provide to us. The status, security management or maintenance of user submitted content is never guaranteed by us.
You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents, vendors or other partners and employees harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on the Web Sites or through Web Site’s services, or by your violation of these Terms, or by your violation of the rights of another.
Disclaimers and Limitation of Liability
You understand and agree that the Web Sites are provided “AS-IS” and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to Web Sites. Nor do we assume any liability for the failure to store or maintain any user communications or personal settings. No advice, information, whether oral or written by your from Web Sites or through or from its services shall create any warranty not expressly stated in these terms and conditions. In no event shall Web Sites or its owners be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from use of Web Sites or its services even if we have been advised of the possibility of such damages.
Neither we nor our staff or agents will be responsible for any misleading, false or otherwise injurious information and advice communicated on Web Sites or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained through user-generated content posted on Web Sites.
Any failure, oversight, omission or the like on the part of the Web Sites in the reservation of claiming, assertion of any right which it may claim under these Terms or generally through the operation of its systems; Web Sites and or general business activity, now know or unknown, shall not constitute any waiver of any kind.
This agreement is governed and construed in accordance with the Laws of the United States of America. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Louisiana, in all disputes arising out of or relating to the use Web Sites services. Use of the Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Web Sites, its subsidiaries, affiliates, officers, directors, employees, and representatives harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Web Site’s services.
The section titles and other headings in these Terms are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.