By using the Service in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement. If you do not wish to be bound by the Agreement, you may discontinue using the Site and the Service.
Throughout this document, the words “eDiets,” “us,” “we,” and “our,” refers to eDiets.com, Inc., our Affiliates and business partners. Likewise, the words “you” and “your” refer to you, the person using the Service in any manner.
1. Description of Service
The Site is a platform where you can easily access reliable dietary guidance from qualified healthcare organizations and registered dietitians. The Site is a destination for people looking to lose weight and get in shape together with their favorite celebrities. By working with a select network of vendors, we are launching best-of-breed products that support a healthy lifestyle. We work hand-in-hand with our select celebrity partners to offer products that share their personal solutions to health and wellness.
2. Information Supplied
When using the Service, you may need to provide your name, e-mail address, height, weight, gender and chronic condition. We may also obtain a list of your Facebook, Twitter, foursquare and Pinterest contacts using this or other information that you provide to us, to help you network better among your friends. In addition to providing us with the above information, you must be at least eighteen years of age or older to use the Service.
The Service is to be used as a guide for dining out and to enable persons with certain medical conditions to select appropriate food items for their personal consumption. The statements, information and products found on the Service are not intended to diagnose, treat, cure or prevent any disease. The information found on the Service should not be considered as complete and should not be used in place of individualized care from a physician or other healthcare provider. Always consult your healthcare provider if you have any questions about a medical condition, or before changing your diet or commencing or discontinuing any course of treatment. Never disregard professional medical advice because of something you read on the Service.
The dietary guidelines provided on the Service are derived from, but not limited to the following health organizations, institutions and health practitioners:
- American Diabetes Association
- American Heart Association
- National Heart, Lung and Blood Institute
- The National Kidney Foundation
- National Osteoporosis Foundation
- United States Department Agriculture
- Institute of Medicine
- Food Allergen and Labeling Consumer Protection Act
WE DO NOT CREATE ANY DIETARY GUIDELINES USED IN THE SERVICE.
It is your responsibility to ensure that any and all products selected for use in connection with your use of the Service, including executing recipes and choosing meals at food establishments are suitable for your own dietary needs. Always consult with appropriate trained personnel at shops or restaurants before making your selections. We are not responsible for any errors in labeling or nutritional content or changes in ingredients or prepared products used in recipes and menu items that are the direct or indirect result of the actions and activities of third parties. We are not responsible for inaccuracies or misstatements made by third parties on the Service.
Your healthcare provider has the option to provide his or her dietary recommendations into your own account. These recommendations do not constitute our advice and we are not responsible for their accuracy or appropriateness.
Content we provide is not a substitute for the advice and service of a qualified and licensed medical professional. Any health related information found herein is available as part of a general educational and commercial service.
4. Ordering, Billing and Fulfillment
When you register for a subscription to the Service, your credit card will be charged for the initial period of your subscription. Your subscription will renew automatically, and your credit card will be charged, based on the billing cycle agreed upon at registration. We may offer trial subscriptions from time to time. At the end of the trial period, the subscription will automatically convert to a paid subscription. Activation of a trial subscription requires a valid credit card, which will be billed at the end of the trial period. If you choose not to continue past the trial period and wish to cancel, you can do so on the Site by accessing your Account Profile. You may cancel your subscription at anytime by accessing your Account Profile or by contacting Customer Support. Unless otherwise expressly stated, there are no refunds.
5. Shipping and Returns
When you order products from the Site, you can choose from a variety of shipping options. Shipping costs are based on the shipping method you choose. Check the Site for our domestic shipping rates. Your complete satisfaction is our ultimate goal. eDiets guarantees every product that we sell. If you are not satisfied with any of our products, you may return the unused portion within 90 days of purchase for credit, exchange or refund. Please contact our product care department as soon as possible at the number printed on the invoice received with the product, or at online Customer Service here. If your return is not the result of our error, a return postage fee will apply. Once your return has been received, a credit or refund will be issued within 6-8 weeks and an e-mail confirmation will be sent. If you have any questions regarding your return, please send an e-mail to our product care department at email@example.com. In your e-mail, include your order number, the item(s) you would like to return and the reason you want to return each item (choose one of the following):
- "E" - Ordered the wrong item
- "M" - Received an item that was not ordered
- "S" - Did not like item or changed mind
- "Q" - Item was damaged, defective, or missing parts
- "T" - Item did not arrive in time
- "P" - Found lower price elsewhere
- "O" - Other (please describe)
A product care specialist will reply to your message and, if necessary, send you shipping instructions for returning the item(s). Our product care specialists are available 24 hours a day, 7 days a week. If you have further questions, please contact us.
c/o Bronson Laboratories
350 South 400 West #102
Lindon, Utah 84042-1931
6. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Service without our prior written consent. This includes copying recipes and nutrition information submitted to us, even if you would, had you not accepted this Agreement, been entitled to copy these recipes.
eDiets is a registered trademarks we use to identify our website, app, and other aspects of our business. You agree not to use any eDiets trade name, trademark, service mark, logo, domain name or brand features without our express prior written consent.
eDiets gives you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable and non-exclusive license to use the Service in the manner authorized by this Agreement. You may not directly or indirectly copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part of the Service, nor permit or facilitate others in doing so.
9. Revocation of Consent
Where we have given prior written consent for your use of our protected material in accordance with our above “Copyright,” “Trademarks” or “License” provisions, we may revoke that consent at any time for any reason. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
10. Your Content License to eDiets/Removal of Content
You retain copyright (and any other intellectual property rights) you currently possess in any content you submit, post, or display on or through the Service. By submitting, posting, or displaying your content on or through the Service you grant us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute such content for the sole purpose of enabling us to display, distribute, perform and promote the Service. You represent and warrant that you have the right, power, and authority to grant this license.
While you may submit images on the Site or through the Service, any image you submit must be a dish related image that is owned by you and not subject to third-party copyright or trademark protection. A nonexclusive example of an acceptable image would include images of dishes prepared by you.
We reserve the right to remove with or without notice images (i) that are not related to dishes or food, (ii) that we in our sole discretion consider inappropriate, (iii) that contain copyrighted or trademarked materials that eDiets believes to be owned by a third party, or that appear to contain information personally identifying individuals who are under the age of 18. We recommend you keep back-up copies of your submissions on your hard drive or other personal system, as the Service is not intended to be used as a back-up for your original content.
11. About eDiets Points
From time to time you may have the opportunity to earn eDiets Points for activities you choose to engage in on the Site and elsewhere. These opportunities may vary depending on your geographic location, and they may not be available to all users. These opportunities are subject to change at any time at our sole discretion and are governed by this Agreement.
We will attempt to credit your account with eDiets Points on a timely basis. However, you are responsible for making sure that any eDiets Points are properly credited. Any claim for Points not credited accurately must be received by us within ninety days following the date of claimed accrual along with supporting documentation.
Except where required by law, eDiets Points have no cash value and do not constitute property. In certain jurisdictions, where required by law, 750 eDiets Points would be deemed to have a cash value not exceeding one twentieth of one United States cent. eDiets Points are not transferable and may never be sold, exchanged, bartered or given
eDiets Points may be redeemed only for rewards such as discounts on product purchases offered through the Site. For any redemption, eDiets Points will be subtracted from your account at the time your transaction is initiated, and you must have sufficient eDiets Points in your account for the transaction.
You agree that all communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing. In addition, we may deliver communications (including legal notices) to you at the street address provided in your account. Finally, we may deliver communications to you by any means set forth in any other policy or notice published on the Site. If you provide comments, suggestions, or feedback, you agree that we retain all irrevocable, royalty-free rights, including but not limited to future reproduction, display, or promotion without any compensation to you whatsoever. Comments suggestions, or feedback shall not be confidential. You may contact us by:
- email to firstname.lastname@example.org (provide your first and last name and email address; we will not open your email if it contains an attachment); or
- mail to eDiets.com, Inc., 14044 Icot Blvd., Clearwater, FL 33760, Attn: Customer Service (provide your first and last name, and email address).
13. Third Party Websites and Content
We use hyperlinks to third party websites as part of the Service. You agree that we are not responsible or liable for any loss or damage that may result if you access third party websites through these hyperlinks. You also agree that we are not responsible for the accuracy of any content provided on third party websites. You agree and understand that you are solely responsible for screening your eDiets search results and any content accessed through the Service for ingredients that are objectionable to you, whether due to any medical condition, religious belief, philosophical belief or any other reason.
14. Online Conduct
You may use the Service only for lawful purposes. You may not post on or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate and determine in our sole discretion whether to remove or request the removal of such content from the Website. We may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to provide the Service; or (iii) to protect our rights or property or the rights or property of other users.
15. No Warranty
THE USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED AND LICENSED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EDIETS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE QUALITY, CONTENT AND AVAILABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF THE SERVICE OR WARRANTY OF TITLE OR NON-INFRINGEMENT.
In addition, we do not warrant, endorse, guarantee or assume responsibility for any third party application, third party application content or any other product or service advertised or offered by a third party on or through the Service or any hyperlinked website, or featured in any banner or other advertising. Consequently, we will in no way be responsible for any transaction between you and any third-party provider of such third party application, content, products or services. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing that you may obtain from or through the Service shall create any liability on our behalf.
If one or more provisions of this Agreement are held to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable under applicable law, then (i) such provision shall be excluded from this Agreement to the minimum extent necessary to render such provision lawful, not in conflict or otherwise enforceable, (ii) the balance of the Agreement shall be interpreted as if such provision were so limited and (iii) the balance of the Agreement shall be enforceable in accordance with its terms.
We may make changes to this Agreement at our sole discretion and post the revised version of this Agreement on the Site. It is your responsibility to review this Agreement from time to time so that you are always aware of the most current version of this Agreement. Your continued use of the Service following any changes to the Agreement constitutes your acceptance of and agreement with such changes.
19. DMCA Compliance
In accordance with the Digital Millennium Copyright Act (DMCA), we have adopted a policy of, in appropriate circumstances, terminating accounts if the account holder is a repeat infringer of the intellectual property rights of others. We also may terminate accounts based on a single infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify our copyright agent in writing as specified by the DMCA. We will remove infringing content in accordance with the DMCA if properly notified. If you believe that your work has been removed or disabled by mistake or misidentification, please notify our copyright agent in writing as specified in the DMCA. Content removed or disabled by mistake or misidentification will be reinstated in accordance with the DMCA. Our designated copyright agent for notice of alleged copyright infringement is:
Attn: Copyright Agent
Postal Address: 14044 Icot Blvd., Clearwater, FL 33760
E-mail address: email@example.com
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion without restrictions.
21. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EDIETS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE (INCLUDING BUT NOT LIMITED TO ITS CONTENT, ANY THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT) EVEN IF YOU HAVE ADVISED US ABOUT THE POSSIBILITY OF SUCH LOSS, AND INCLUDING ANY DAMAGES RESULTING THEREFROM.
Your only right with respect to any problems or dissatisfaction with the Service is to stop using the Service. In no event will our total liability to you in connection with this Agreement for any reason whatsoever exceed the greater of one dollar (U.S. $1.00) or the total amount paid by you for your access to the Service.
You agree to defend, indemnify and hold eDiets and its officers, directors, employees and licensors harmless from any claim, demand, loss or damage (including but not limited to a reasonable sum as legal fees) arising from or related to your breach of this Agreement or your violation of any law, regulation or third party right.
23. Entire agreement
This Agreement constitutes all the terms and conditions agreed upon between you and eDiets and supersedes any prior agreements whether written or oral.
24. Choice of Law and Disputes
This Agreement shall be governed and construed in accordance with the laws of the State of Florida. Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of any state or federal court seated in Pinellas County, Florida. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs and disbursements in doing so.