Terms of Service
Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS OF SERVICE.
This web site (the “Site”) is operated by Calorie-Smart.com. These Terms of Service may be changed in the future without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. Further, these Terms of Service apply exclusively to your access to, and use of, the Site and are in addition to the terms or conditions of any other agreement you may have with Calorie-Smart.com for products, services or otherwise. You further agree that by using this Site you represent that you are at least 18 years old and that you are legally able to enter into this Agreement.
All Site materials, including, without limitation, the Calorie-Smart.com logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright © 2000-2012 Calorie-Smart.com and/or its suppliers ALL RIGHTS RESERVED. Except as stated herein, none of the material on the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Calorie-Smart.com or the respective copyright owner. Permission is granted to display and use the materials on the Site for personal, noncommercial and informational use only, provided that you may not, without the permission of Calorie-Smart.com or the respective copyright owner, (a) copy, publish, duplicate, or distribute any materials, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
Calorie-Smart.com, the Calorie-Smart.com logo, and the product and service names contained in the Site are either trademarks or registered trademarks of Calorie-Smart.com and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Calorie-Smart.com. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Calorie-Smart.com, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Calorie-Smart.com. All other trademarks, registered trademarks, product names and company names or logos mentioned or contained on the Site are the property of their respective owners.
Calorie-Smart.com allows you to make personal use only of the Site. Such use does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site or its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Calorie-Smart.com or any third party.
You may not use framing techniques to enclose any Calorie-Smart.com trademark, logo or other proprietary information (including the images found at the Site, the content of the Site, or the layout/design of any page or form contained on a page) without Calorie-Smart.com’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Calorie-Smart.com name, trademark or product name without Calorie-Smart.com’s express written consent.
You may create a hyperlink to the Site provided such link and the content associated with the link do not portray Calorie-Smart.com or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Calorie-Smart.com logo or other proprietary graphic or trademark of Calorie-Smart.com to link to the Site without the express written permission of Calorie-Smart.com. This permission may be revoked at any time.
Calorie-Smart.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party sites accessible by hyperlink from the Site, or sites linking to the Site. These linked sites are not under the control of Calorie-Smart.com and Calorie-Smart.com is not responsible for the content of any linked site or any link contained in a linked site, or any review, change or update to such sites. You acknowledge that such linked sites may contain adult-oriented or offensive content. When leaving the Calorie-Smart.com site, you should be aware that Calorie-Smart.com’s terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Use of the Site
In using the Site, you agree:
1. Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
2. Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites; or
3. Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Site.
Intellectual Property Complaints
As an advertisement serving company, please note that Calorie-Smart.com is not in a position to arbitrate trademark disputes between the advertisers and trademark owners. As stated in our Terms and Conditions, the advertisers themselves are responsible for the keywords and ad content that they choose to use. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites. Nonetheless, should you have any questions regarding Calorie-Smart.com’s policies or procedures relating intellectual property disputes, please submit them via this form: http://www.Calorie-Smart.com/contact-us/
You agree to indemnify and hold harmless Calorie-Smart.com from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your use of the Site or the services offered thereon, your violation of these Terms of Service, or your violation of any rights of a third party.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or other submissions to Calorie-Smart.com, or postings on the Site, are nonconfidential and shall become the sole property of Calorie-Smart.com. Calorie-Smart.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Calorie-Smart.com irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CALORIE-SMART.COM, ITS AFFILIATES, AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY CALORIE-SMART.COM OR ITS SUPPLIERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
CALORIE-SMART.COM MAKES NO WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. CALORIE-SMART.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR INFORMATION PROVIDED BY CALORIE-SMART.COM VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES CALORIE-SMART.COM MAKE ANY WARRANTY AS TO THE CONTENT OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
CALORIE-SMART.COM ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF CALORIE-SMART.COM, ITS SUPPLIERS, ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL CALORIE-SMART.COM OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT PROVIDED BY OR THROUGH THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the Superior Court of San Francisco County, California, or the United States District Court for the Northern District of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service.
Notwithstanding any of these Terms of Service, Calorie-Smart.com reserves the right, without notice and in its sole discretion, to terminate your permission to use the Site, for any or no reason, and to block or prevent future access to and use of the Site. Calorie-Smart.com may, in its sole discretion, discontinue or alter any or all aspects of the Site or the services offered thereon at any time without notice.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.