Diet Designs

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. TO UTILIZE OR ACCESS THE DIET DESIGNS WEB SITE, YOU MUST ACKNOWLEDGE YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS BY CLICKING ON THE "ACCEPT" BUTTON BELOW.

BY USING OR ACCESSING THE DIET DESIGNS' WEB SITE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS JUST AS IF YOU HAD SIGNED A WRITTEN AGREEMENT CONTAINING THOSE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL, OR DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEB SITE. IF YOU DO NOT COMPLY WITH THOSE TERMS AND CONDITIONS, DIET DESIGNS MAY, AT ANY TIME, TERMINATE YOUR ABILITY AND RIGHT TO ACCESS THIS WEB SITE, INCLUDING TERMINATION OF YOUR PASSWORD AND USER ACCOUNT.

DIET DESIGNS MAY MODIFY THIS AGREEMENT AT ANY TIME, WITHOUT NOTICE TO YOU, AND SUCH MODIFICATION WILL BECOME EFFECTIVE UPON THE POSTING OF THE MODIFIED AGREEMENT ON THIS WEB SITE. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. BY USING THIS WEB SITE AFTER WE MAKE ANY MODIFICATIONS TO THESE TERMS AND CONDITIONS, YOU IRREVOCABLY AGREE TO ACCEPT THOSE CHANGES WHETHER OR NOT YOU HAVE REVIEWED THEM. YOUR CONTINUED ACCESS OR USE OF THE DIETDESIGNS.COM WEB SITE SHALL BE DEEMED YOUR IRREVOCABLE ACCEPTANCE OF ALL TERMS AND MODIFICATIONS TO THIS AGREEMENT.

Diet Designs may, at any time, and without prior notice, or liability to you or any third party, discontinue and terminate your access to, and your right to use this web site. Users of this web site in any jurisdiction in the world, in which the common, statutory, regulatory or codified law would void this agreement in whole or in any essential part (the essential parts being at least, but not only, the exclusive venue and exclusive remedy provisions and warranty disclaimers), or which makes accessing this Diet Designs' web site illegal, are unauthorized to access or use this web site and any service provided through it, and do so entirely at their own risk.

1. GENERAL.

As used in this Agreement, "Diet Designs, Inc.", "Diet Designs", "we", "us" and "our", each mean Diet Designs, Inc.

2. DISCLAIMER.

The information contained on this web site is not intended nor implied to be a substitute for professional medical advice and is not intended to be a substitute, or instructional for medical diagnosis or treatment. Diet Designs suggests that you always seek the advice of your physician or other qualified health provider prior to starting any weight loss or maintenance program or with any questions you may have regarding a medical condition which might be affected by a weight loss program. Never disregard medical advice or delay in seeking medical treatment because of anything you have read on this web site. Keep in mind that any weight loss program may be accompanied by undesirable side effects.

3. DISCLAIMER OF WARRANTIES.

The materials provided on Diet Designs' web site are provided "as is". Diet Designs disclaims and does not make any express or implied warranties, representations or endorsements whatsoever (including, without limitation, warranties of title or non-infringement, and the implied warranties of merchantability or fitness for a particular purpose) with respect to any of the information, service, or merchandise provided through or on this web site.

Diet Designs does not warrant that its web site will be uninterrupted or error free, that defects will be corrected, or that the web site or server that makes them available are free of viruses or other harmful components. Diet Designs does not guarantee or warrant that files available for downloading through this web site will be free of infection or viruses, worms, or other code that could contaminate, corrupt or destroy any aspect of your hardware of software. By accessing the Diet Designs web site, you agree that you are responsible for implementing sufficient procedures and check points to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Diet Designs web site for virus detection and the reconstruction of any lost data. Diet Designs does not assume any responsibility or risk for your use of this web site. Diet Designs does not warrant the accuracy, completeness, effectiveness, suitability, reliability, correctness, timeliness or usefulness of any opinions, advice, services, material, content, merchandise or other information provided through or in, or by link from this web site. Any material downloaded or obtained by you from or through this web site is done at your own risk and you will be solely responsible for any damage to your computer system and any peripherals connected to it, and for any loss of data that results from the use of, or download of materials from this web site. You agree that Diet Designs will not be liable to you or anyone else for any decision made, or action taken by you or anyone else in reliance upon the information provided by this web site.

You irrevocably agree that Diet Designs, Inc., its officers, employees, agents and those acting on its behalf shall have no liability to you for damages or losses under any theory of liability or indemnity, whether in contract, tort or otherwise, in connection with your use of this web site, whether direct or indirect, special, incidental, consequential, exemplary or punitive, arising from any access or use of this web site, even if you have informed Diet Designs, its officers, directors, employees, agents or those acting on its behalf, of the possibility or nature of such damages.

You hereby release and forever waive any and all claims you may have against Diet Designs, its officers, directors, employees, agents and those acting with its authorization, for injury, losses or damages sustained by you as a result of or relating to your use of this web site. Without limitation to the preceding terms, you expressly agree that Diet Designs' total maximum liability to you for any and all damages, losses and causes of action (whether in contract, tort (including but not limited to negligence), or otherwise) will not exceed the amount paid by you, if any, for accessing this web site. You expressly agree that your sole and exclusive remedy for dissatisfaction with any aspect of this web site or its content, is to stop accessing or using the web site.

4. ON-LINE COMMUNICATIONS.

To the extent available, your participation in on-line communications occurs in real time. Diet Designs does not censor, control or edit the posting of such material, nor does it screen the content provided by you to the web site. You agree that Diet Designs is acting as a passive conduit for distribution of any postings or transmissions by third parties with respect to this web site. You understand that the Internet contains unedited materials which may, from time to time, be placed upon this web site. You specifically and irrevocably agree that Diet Designs is not liable for any defamatory, offensive, or illegal conduct of any user of this web site. You agree that Diet Designs has no control over and accepts no responsibility whatsoever for material placed on its web site by any third party, that all materials contained on this web site which are posted or transmitted by third-parties, are the sole responsibility of the person from whom such transmission or posting originated and agree that Diet Designs will have no obligation or liability to you relating to any transmissions or postings on its web site. Diet Designs does not guarantee the accuracy, integrity or quality of any material posted or transmitted to this web site by a third party. You irrevocably agree that Diet Designs will not be liable in any manner for any transmission or posting by a third party to this web site, will not be liable for any errors or omissions in such material posted or transmitted to this web site, or for any loss or damage of any kind as a result thereof.

You agree and acknowledge that you are responsible for all postings, transmissions, e-mails or other electronically transmitted information which you transmit or post to the Diet Designs web site, and hereby indemnify and hold Diet Designs harmless for it.

Diet Designs reserves the right to monitor content on its web site and to remove, without notice, any content which it, in its sole discretion, determines to be harmful, offensive or in violation of this agreement or any applicable law, or otherwise unacceptable to Diet Designs. Diet Designs shall not have any obligation to delete any postings or transmissions on the web site that you might find objectionable or offensive. If you provide any information that we believe is untrue or inaccurate or incomplete, or we have reasonable grounds to suspect that such is the case, Diet Designs reserves the right to suspend or terminate your user account, cancel any orders or requests for information and refuse to provide or permit you to have any future access or use of the Diet Designs's web site.

5. PROTECTION AND USE OF MATERIALS ON THIS WEB SITE.

You agree and acknowledge that Diet Designs' web site contains materials which are protected by copyright under U.S. law and international copyright treaties, and may be protected by proprietary rights, with respect to the information and expression of information and materials contained in it. You acknowledge that these rights are valid and enforceable in all media, formats, and technologies, whether now in existence or developed in the future. You further acknowledge that Diet Designs is the owner of the trade name Diet Designs, Inc. and the trademark and service mark Diet Designs, which name and marks are valid and enforceable. You agree not to copy, republish, transmit, distribute, perform or create derivative works of any of the content on the Diet Designs' web site, with the following exception: You may download, on a one time basis only, a single copy of the materials on this web site onto any single computer for your personal, non-commercial use. You agree that if you do so, you do not obtain any ownership interest in the copyrightable materials contained in or displayed on the web site, nor the right to create any derivative work or to publish, perform, transmit, copy, distribute, or modify such materials for any purpose whatsoever.

You agree not to do any of the following with respect to the Diet Designs' web site:

(a) abtransmit to, post or up-load any materials which you do not have the right to transmit to, post or up-load under any agreement or law;
(b) transmit to, post or up-load any materials which you are prohibited from revealing, communicating, transmitting, up-loading or posting, under any contractual or fiduciary relationship;
(c) create or utilize unattended, continuous or simultaneous connections to the Diet Designs' web site;
(d) transmit to, post or up-load any materials that are defamatory, obscene, vulgar, threatening, harassing, indecent, obscene or pornographic, hateful or racially, ethnically or otherwise objectionable;
(e) transmit or post any material which violates the property rights of others, including the use of trademarks or service marks in an infringing, diluting or disparaging manner, infringement of the copyright of others, violation or misappropriation of confidential information or the trade secrets of others;
(f) use the Diet Designs' web site to violate the legal rights of others, including the rights of publicity and privacy, or to threaten or harass others;
(g) falsely identify or impersonate any person or to misrepresent your affiliation with any person or entity;
(h) delete or alter any files or material transmitted or posted to the web site by others, or up-load any file that contains a virus, worm, or any debilitating or software or data destroying, erasing or damaging software or code;
(i) transmit to, post or up-load any unsolicited or unauthorized advertising, commercial solicitation, spam, "chain letters" or "junk mail";
(j) delete or alter any copyright, trademark or service mark designations, or any author attributions or legal notices or proprietary designations from any materials which you up-load, transmit or post to this web site;
(k) take any action which interrupts, prevents, or adversely affects the availability of the resources of this web site to others or otherwise causes repeated disruptive incidents; and/or
(l) collect or store personal data, including but not limited to e-mail addresses, about other users of this web site.

6. USER REPRESENTATIONS.

You further agree that Diet Designs may revoke your right to use this web site if you violate any of the terms and conditions set forth herein. You represent that you are 18 years of age or older, and have the legal ability and right to enter into this agreement. You also agree to:

(a) maintain all hardware and software necessary for your access and use of this web site;
(b) maintain the security of your user identification, password, and any other confidential information relating to your account, and/or purchase of goods or services through this web site; and
(c) be responsible for all charges resulting from your use of the Diet Designs web site and your account in connection with it, including any unauthorized use of your password and account, prior to notifying Diet Designs of such unauthorized use.

7. LICENSE TO USE YOUR MATERIALS.

You hereby grant Diet Designs an irrevocable, non-exclusive worldwide, royalty free right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, communicate to the public, perform and display any materials submitted, transmitted to, or posted by you to the Diet Designs web site, by all means and in any media and in any form now known or developed in the future. You also waive any and all moral rights in such materials and warrant that such materials are original with you or that you have the right and authority to submit them for posting, transmission or publication on this web site. You agree that Diet Designs is entitled to make unrestricted use of any material you submit to its web site, for any purpose, commercial or otherwise, without compensation to you.

8. INDEMNIFICATION.

You agree to defend, indemnify and hold Diet Designs harmless from any and all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from your violation of this agreement, including but not limited to infringement of third-party rights as a result of your submission, transmission or posting of material to, or your use of Diet Designs web site.

9. LINKS.

To the extent the Diet Designs' web site provides or identifies links to other Internet web sites or resources, you agree that Diet Designs is not responsible for the content, representations, advertising, products, services or other materials which may be available on such web sites, or the availability of such web sites. You also agree that Diet Designs will not be liable or responsible for any loss or damage directly or indirectly caused to you in connection with your use of, connection to, or reliance on such other web sites, or any content thereof, or other resources which may be made available or referred to on such web sites. If you access any link to a third party web site, you do so at your own risk. Diet Designs provides such links simply as a service and no recommendation or endorsement or approval of any of the services or content of any of the linked sites is implied or intended.

10. MISCELLANEOUS.

This agreement will be governed, interpreted and construed under the laws of the State of California without reference to its conflict of laws provisions. You agree that any action at law or in equity arising out of, relating to, or seeking interpretation of the terms of this agreement shall be filed and determined only in the state or federal courts having jurisdiction thereof, located in Los Angeles County, California. You hereby irrevocably consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

Diet Designs may transfer or assign, in whole or in part, any rights or obligations contained in this agreement without notice to, or permission from you. This agreement shall be binding upon the parties and their respective heirs, successors, assigns and legal representatives, and upon all others acting with them, under their direction or in privity with them.

These terms and conditions contain the entire agreement between you and Diet Designs, Inc. with respect to the access and/or use of the Diet Designs web site. There are no other covenants, understandings or agreements between you and Diet Designs with respect to the access or use of this web site. No course of conduct between you and Diet Designs, nor any trade practice, shall act to modify any provision of this agreement.

If any one or more provisions of this agreement is declared to be illegal or unenforceable under any law, rule or regulation of any government, or by any court having jurisdiction over the parties and the subject matter of this Agreement, such illegality or unenforceability will not affect the validity and/or enforceability of the other provisions of this agreement.