Thank your for visiting the www.myfoodmyhealth.com web site ("Site"), which is owned and operated by MyFoodMyHealth, Inc., a Delaware corporation ( "MyFoodMyHealth", "us", "we", or "our"). Please review the following terms that govern your use of our Site. Your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement"). If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use the Site. We may make changes to the Site, this Agreement, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and this Agreement periodically for any updates or changes. Your continued access or use of the Site shall be deemed your notification and acceptance of these changes.
You agree that this Agreement is supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Site and the materials and information available on the Site.
1. STANDARDS, POLICIES AND GUIDELINES REGARDING USE OF SITE
You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on this Site, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Site. We do not control the Postings posted, emailed or otherwise transmitted on our Site by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted standards and conduct guidelines for the users of our Site (as described below), you understand that by using this Site, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings, including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Site.
For purposes of this Agreement, the term "Forum" means any chat room, message board, bulletin board, recipe swap, or similar activity where you and other users of our Site can communicate.
You agree not to use this Site (including any Forums) to:
a. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
b. Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of MyFoodMyHealth, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with MyFoodMyHealth, our affiliates or any other person or entity;
c. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Site;
d. Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
f. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
g. Upload, post, email or otherwise transmit any Postings or other materials that contain 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;
h. Interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
i. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
j. "Stalk" or otherwise harass another user of this Site or any person affiliated with MyFoodMyHealth; or
k. Collect or store personal data or attempt to collect or store personal data about other users of the Site.
Your privilege to use this Site (including the Forums) and contribute to discussions on the Forums depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Site and/or take any other appropriate measures to enforce these standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our standards and conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in, any Forum.
All Forum communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Site (including any Forum) for adherence to the standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.
2. SITE CONTENT; INTELLECTUAL PROPERTY
The Site and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, recipes, menus, video clips, testimonials, software, scripts, graphics, photos, sounds, ideas, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Content") and all intellectual property rights to the same are owned by MyFoodMyHealth, its licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by MyFoodMyHealth, its licensor, or both. Except for the limited use rights granted to you in this Agreement, you shall not acquire any right, title or interest in the Site or any Content. Any rights not expressly granted in this Agreement are expressly
The Content of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise or services from our Site) use by the users of our Site. You may view and download or copy the Content and other downloadable materials displayed on the Site for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2006-2008, MyFoodMyHealth, Inc. All rights reserved." No right, title, or interest in any downloaded materials, software or other Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Site, or any related software.
Any use of the Content not expressly permitted by this Agreement is a material breach of this Agreement and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of MyFoodMyHealth. All rights not expressly granted herein are reserved to MyFoodMyHealth and its licensors.
If you violate any of the terms of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
3. THE SITE DOES NOT PROVIDE MEDICAL ADVICE
MyFoodMyHealth is not a medical organization and cannot give medical advice or diagnosis. The Content on this Site is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this Site for diagnosing or treating a health problem or disease or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or dietary supplement, adopting any treatment for a health problem, and/or undertaking any new diet or exercise program. For any products or services purchased from this Site, you should read carefully all product packaging and instructions. If you have or suspect that you have a medical problem, promptly contact your healthcare provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Site. Information provided on this Site and the use of any products or services purchased from this Site by you does not create a doctor-patient relationship between you and any of the physicians affiliated with this Site. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. MyFoodMyHealth does not endorse or warrant the validity of any health-related statements found on the Site or on any third-party websites accessed through the Site.
4. FOOD ALLERGIES AND HEALTH CONDITIONS
The Site allows a user to create a personal profile which includes, among other things, the food allergies and health conditions of the user and/or those for whom the user is cooking, preparing or purchasing food (the "User Profile"). The User Profile is used by MyFoodMyHealth to provide meal plans, recipes and/or food items which satisfy the criteria specified in the User Profile (e.g., if a User Profile indicates that a user is allergic to dairy products, then it is intended that the meal plans, recipes and/or food products provided to such user by MyFoodMyHealth will be dairy-free). However, you understand and agree that there is no assurance or guarantee that any recipe, meal plan and/or food item recommended or provided by MyFoodMyHealth will be free of the food allergens or safe for the health conditions indicated in your User Profile. You also agree that, notwithstanding the information entered in your User Profile, MyFoodMyHealth will not be responsible for any death, personal injury or damage (including, without limitation, death or personal injury as a result of an allergic reaction) suffered by you or anyone else as a result of using any recipe, meal plan or food item recommended or provided on or through the Site.
MyFoodMyHealth may from time to time monitor, review, and in its discretion edit or delete, discussions, chats, and postings on our Site; however, MyFoodMyHealth is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality or inaccuracy contained in any information transmitted to any such locations on our Site. MyFoodMyHealth will cooperate with law enforcement or a court order requesting or directing MyFoodMyHealth to disclose the identity of anyone posting any information or material prohibited by this Agreement. MyFoodMyHealth may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of MyFoodMyHealth, its customers, or the public.
6. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to MyFoodMyHealth on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site or otherwise (collectively, "Comments") shall be and remain MyFoodMyHealth's property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to MyFoodMyHealth of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Comments. Thus, MyFoodMyHealth will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. MyFoodMyHealth is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any Comments.
You agree that MyFoodMyHealth may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site contests, promotions, and/or requesting promotional information or product updates, you agree that MyFoodMyHealth may use your information for marketing and promotional purposes.
7. YOUR ACCOUNT OBLIGATIONS
In connection with any subscription for our services or products, you agree to provide true, accurate, current and complete information about yourself on the subscription application form and to maintain and promptly update such account information. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of our Site.
8. COMMERCIAL TRANSACTIONS
Certain products or services are offered for sale on Site. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by us or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Some services offered by us are subscription-based services. If you open a subscription-based account with MyFoodMyHealth, you hereby agree to pay all charges to your account, including any applicable taxes and shipping charges, in accordance with billing terms in effect at the time the fee or charge becomes payable. MyFoodMyHealth reserves the right to change the amount of, or basis for determining, any fees or charges for services and products we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason, and will notify you when, and if, we decide to so terminate your account.
Your subscription will NOT be automatically renewed and your credit card will NOT be automatically charged at any time during your subscription. MyFoodMyHealth will make attempts to inform you when your subscription is up and what you need to do to renew it.
9. COMMUNICATIONS TO YOU
You agree that MyFoodMyHealth may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of MyFoodMyHealth's products or services, or for such other purpose(s) as MyFoodMyHealth deems appropriate, in its sole discretion.
10. LINKS TO OTHER SITES
MyFoodMyHealth may provide links to third-party web sites. MyFoodMyHealth also may select certain sites as priority responses to search terms you enter and MyFoodMyHealth may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. MyFoodMyHealth does not recommend and does not endorse the content on any third-party websites. MyFoodMyHealth is not responsible for the content of linked third-party sites, sites framed within the MyFoodMyHealth Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. MyFoodMyHealth does not endorse any product, service, or treatment advertised on the MyFoodMyHealth Site.
11. YOUR PASSWORD AND USER ACCOUNT
If you are a registered user or subscriber of this site, you are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
You agree to indemnify and hold harmless MyFoodMyHealth and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys fees and costs) arising out of, related to, or that may arise in connection with: (a) your access to or use of the Site and/or any products or services purchased or viewed on or through the Site (including, without limitation, use of any recipes, diet plans, or food, dietary or herbal products); (b) any content you provide or post on the Site; (c) any actual or alleged violation or breach by you of this Agreement; and (d) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; (e) your acts or omissions; and (f) any other matter relating to this Site. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, MYFOODMYHEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITE OR CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR ACCESSED THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT ANY RECIPE AND/OR FOOD ITEM VIEWED ON OR THROUGH THE SITE WILL BE FREE FROM ANY PARTICULAR ALLERGENS); AND (5) WARRANTIES THAT YOUR USE OF THE SITE WILL BE SECURE OR UNINTERRUPTED.
14. LIABILITY LIMITATIONS
UNDER NO CIRCUMSTANCES SHALL MYFOODMYHEALTH OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MYFOODMYHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITE OR THIS AGREEMENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT IS TO STOP USING THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE SITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF MYFOODMYHEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED U.S. $100.
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
15. COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on our site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. Identification of the URL or other specific location on our web site where the material that you claim is infringing your copyright interest is located;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on our web site can be reached at:firstname.lastname@example.org
16. PARENTAL OR GUARDIAN PERMISSION
Some of the Content on this Site may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS SITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing our Site.
This Agreement is effective until terminated by either party. If you no longer agree to be bound by this Agreement, you must cease your use of our Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of our Site with or without notice. You agree that any termination of your access to our Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our Site.
19. GOVERNING LAW AND CHOICE OF FORUM
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Site or this Agreement shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
If any provision of this Agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
A failure on the part of MyFoodMyHealth to enforce any part of this Agreement shall not constitute a waiver of any of MyFoodMyHealth's rights under this Agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of MyFoodMyHealth shall have legal effect.
21. REFUND POLICY
Because ourÂ subscribers have unlimited download access to our complete database of proprietary recipes immediately after subscribing, we have a NO REFUND POLICY.
If you experience any technical problem which hinders the proper use of the MyFoodMyHealth website, please contact our webmaster email@example.com.