For Visitors To MyPhotoDiet.com Website
This website ("Site") is provided subject to your compliance with the terms and conditions set forth below. Please read the following information carefully. Your continued use of this Site will indicate your agreement to be bound by the terms and conditions set forth below. If you do not agree to be bound by the terms and conditions, promptly exit this Site.
These Terms and Conditions constitute a legally binding agreement between you and No Excuses Partnership, LLC (hereinafter "MyPhotoDiet.com", the "Company", "we", "us" or "our") in connection with your use of our Site currently found at http://www.MyPhotoDiet.com. When we use the term "Site," we are referring to and mean any and all information, content, data, products, materials and services available through theMyPhotoDiet.com Web site or Web pages, as well as any and all mirror, equivalent, comparable, replacement, substitute or backup sites, pages, resources, functions and facilities.
When we refer to the "use" of our Site or "using" our Site, we mean any time, you, directly or indirectly, with or without the aid of a machine or device, enter, access, use, display, view, print, or copy from our Site, or utilize, initiate, take advantage of, benefit from or interact with any function, service or feature of our Site for any purpose whatsoever or if you attempt to do any of these things. For ease of reference, we may also refer to you or any other person, firm, or enterprise that uses our Site as a "user."
We may add to, update, delete from or modify our Site at any time in our sole discretion. We also reserve the right, at any time and from time to time, for any reason and in our sole discretion, to change the Terms and Conditions of Use. We will post or display notices of changes on our Site. Once we post them on our Site, these changes become effective immediately. If any change that we make is not acceptable to you, promptly stop using the Site. Any use by you of our Site after any changes to our Terms and Conditions become effective will signify your agreement to be bound by these changes. You should check back regularly and review these Terms and Conditions so that you are aware of the most current rights and obligations which apply to your agreement with us.
All the materials and content within this Site that are not User Content (defined below), including without limitation, the text, images, photographs, software, graphics, audio, animation, and video, and any materials accessed through or made available for use or download through this Site are the property of the Company and/or its affiliates. ("Site Content") The Site Content is provided for informational purposes only.
The Company hereby grants you a nonexclusive license to use the Site solely for the purpose of viewing, reading and retaining reference materials for your personal, non-commercial use. As a condition of your use of this Site, you warrant to the Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or Conditions. You further agree that you not disassemble, decompile, reverse engineer or otherwise modify the material on this Site. If you breach any of these Terms or Conditions, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials. Any unauthorized or prohibited use may also subject the offender to civil liability and criminal prosecution under applicable laws.
The Site Content, including without limitation the text, images, photographs, software, graphics, audio, animation and video, are protected by domestic and international copyright, trademark, patent and other intellectual property laws. All copyrightable text and graphics, the selection, arrangement, and presentation of all Site Content, and the overall design of this Site are ©2006 by No Excuses Partnership. All rights are reserved. Such Site Content may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of the Company, except that you may download content from the Site to any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices. For purposes of these Terms and Conditions, any use of these materials on any other website or networked computer environment for any purpose is prohibited.
All rights not expressly granted by these Terms and Conditions are reserved by the Company.
The non-public features and functions of this Site are only for the use of and offered, made available and provided for the benefit of subscription users and dietetic advisors ("Registered Users").
We provide each Registered User with a unique user identification code and password to enter and use the non-public features and functions of the Site. The user identification code, password, and any other codes or passwords are collectively referred to herein as "IDs." IDs are unique to each Registered User. You must keep the IDs provided to you strictly confidential. You agree that you will not disclose any Registered User's IDs or allow another to use your IDs to use the Site under any circumstances. You are solely responsible for maintaining the strict confidentiality of IDs provided to you and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. MyPhotoDiet.com is not liable for any harm or damage caused by or related to the theft of IDs, the unauthorized or improper disclosure of IDs or if you or any Registered User allows any other party to use the Site using any IDs. You agree to notify us if you become aware of any unauthorized use of any IDs or other need to deactivate an ID due to security concerns.
You are solely and exclusively responsible and liable for your activity, behavior, use and conduct on our Site and you will also be liable and fully responsible for use of our Site or any other activity or conduct in connection with our Site by others who use IDs provided to you.
You are responsible for providing a valid credit card number at the time you sign up to become a Registered User. As a Registered User, you represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your registration at the prices then in effect, including any unauthorized changes incurred prior to your notifying MyPhotoDiet.com of such charges. You agree that MyPhotoDiet.com may pass your credit card information and related personally identifiable information to designated service provider(s) for their use in charging you for your registration for our services. All registration charges are exclusive of sales or other taxes and you are responsible for payments of any applicable state, local and city taxes. MyPhotoDiet.com reserves the right to modify or terminate Registered Users, change prices, or institute new charges at any time with at least thirty (30) days notice.
From time to time, Registered Users may be able to submit content to our Site. By displaying or publishing ("posting") any content, messages, text, files, images, photos, profiles, works of authorship, or any other materials (collectively, "User Content") on or through the Site. You hereby grant to MyPhotoDiet.com, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such User Content on and through the Site. You represent and warrant that: (i) you own the User Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, trademarks contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to the Site.
MyPhotoDiet.com is committed to ensuring that our Site remains a safe place to view content. To that end, users of the Site, whether or not Registered Users, may not use the Site to process Prohibited Content. Generally, "Prohibited Content" includes content or other material that MyPhotoSite.com believes:
By viewing the Site, you may be exposed to content that you consider offensive. You take sole responsibility for such exposure.
MyPhotoSite.com in no way guarantees the accuracy, quality or appropriateness of content available through the Site.
We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible at our Site in a way that constitutes copyright infringement, or that our Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512. Our agent for notice of claims of copyright infringement on or regarding this Web site can be reached as follows:
BY E-MAIL: email@example.com
BY MAIL: 39 Faunce Corner Rd., Dartmouth, MA 02747
Repeat infringers will be blocked from accessing our Site.
My Photo Diet and MyPhotoDiet.com are the trademarks and service marks of the Company. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners who have granted us the right and license to use their marks.
The Site Content, such as text, graphics, images, information, and other material on the Site are for informational purposes only. The Site Content is not intended to be a substitute for professional medical advice. Nothing you learn on this Site can be considered medical advice. The information you obtain from this Site might be inappropriate for your own situation, or might be misinterpreted. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. The Company assumes no responsibility for how you use any information you obtain from this Site.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
All content and services on our Site are provided "as is," with all faults, and without any representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. We do not warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the servers(s) that make our Site available or any advertised or hyperlinked site are free of viruses or other harmful components or that our Site, server(s), advertised or hyperlinked sites will be accessible at all times. You assume total responsibility and risk for your use of this Site, Site-related services, and hyperlinked websites. no oral or written information or advice given by the Company or the Company's authorized representatives shall create a warranty or in any way increase the scope of this warranty. We do not warrant or make any representations regarding the use or the results of our Site with respect to correctness, accuracy, reliability, graphics, links or otherwise. You assume the entire cost of all necessary servicing, repair or correction. To the extent that applicable law may not allow the exclusion of implied warranties, the above exclusions may not apply to you.
To the fullest extent permissible pursuant to applicable law, MyPhotoDiet.com and its affiliates, suppliers, and other third parties mentioned on this Site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting form lost profits, lost data, or business interruption) arising out of or relating in any way to the use or inability to use the Site, Site-related services and products, any content or information contained within the Site, and/or any hyperlinked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised on the possibility of such damages. In no event shall MyPhotoDiet.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including without limitation negligence, or otherwise) exceed the amount paid by you, if any, for accessing the Site.
Although the Company attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform the Company so that it can be corrected. Information on the Site may be changed or updated without notice.
You agree to defend, indemnify, and hold harmless No Excuses Partnership, LLC, its officers, directors, employees and agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site, any Site Content or User Content contained therein, or your breach of these Terms and Conditions.
The Company makes no representations whatsoever about any other website that you may access through this Site. When you access a third-party website, please understand that it is independent from MyPhotoDiet.com, and that MyPhotoDiet.com has no control over the content on that website. In addition, a hyperlink to a non-MyPhotoDiet.com website does not mean that the Company endorses or accepts any responsibility for the content, or the use, of the linked site. We suggest that you access those websites' online policies regarding the own terms and conditions and privacy policies. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Persons constructing other websites may link to any of the public pages on this Site. However, you may not copy any of the materials from this Site onto your own Web server for any reason. Also, you may not link to isolated elements on this Site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) for the purpose of "inlining" them into the context of other Web pages, or for linking such isolated elements to other Web pages. In other words, link to entire pages on this Site, or do not link at all. Any other use will be a violation of copyright and could subject you to legal action.
Web mirror sites, and commercial online services, may request written permission to cache this entire Site to their hard drives for the purpose of enabling people to access it more easily or view it more rapidly. Note, however, that under no circumstances will they be granted the right to copy parts of the Site piecemeal, but only to copy the entire Site, preserving all the interior and exterior links, and not employing any of the materials out of their original context. For permission to "mirror" the site, please send e-mail describing your request to Dr. Stephen R. Butler at the following e-mail address: firstname.lastname@example.org.
These Terms and Conditions are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the provincial and federal courts sitting in the Commonwealth Massachusetts, United States, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be deemed limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.