We may revise and update the Terms at any time. Your continued usage of the Site and/or the Services will mean you accept those changes.
THE TERMS GOVERN YOUR USE OF THE SITE AND THE SERVICSE AND ARE LEGALLY BINDING ON YOU.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR OTHERWISE USE THE SITE OR THE SERVICES OR ANY INFORMATION CONTAINED IN OR ON THE SITE OR THE SERVICES. YOUR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED TO BE YOUR UNDERSTANDING OF, AND AGREEMENT, TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN.
USE OF THE SERVICES IS NOT FOR MEDICAL SERVICES OR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM. IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MUST DISCONTINUE USE OF THE SERVICES IMMEDIATELY, CALL 911, OR NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL.
The "Decide Diet" Service is a simplified, pictorial diet information service. It is NOT a medical service. Medical professionals that may provide recommendations that users use the Services ("Providers") are not employees or agents of Decide Diet.
In order to access the Services you will be required to become a registered user of the Services by creating an account ("Account"). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services.
When you register, you must choose a user name and a password. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. We are not responsible for any unauthorized access to your account. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your Account. It is recommended that you access the services only on a private computer to which you have control.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You may not transfer your account to anyone without first getting prior written consent from Decide Diet. If you select a user name for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a user name that does not closely relate to a user's actual name).
You agree that the information that you provide to us at all times is true, accurate, current, and complete. This information includes, but is not limited to, name, address, phone numbers, e-mail addresses, payment information, and account numbers. By creating an Account, you expressly consent to the use of electronic records to store information related to these Terms or your use of the Site.
Please let us know right away if you believe your account has been hacked or compromised.
We care about the security of our users. While we work hard to protect the security of your Personal Data, User-Generated Content, and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any actual or suspected breach or unauthorized access or use of your account.
UPDATES, CHANGES AND LIMITATIONS
The Services change frequently, and their form and functionality may change without prior notice to you.
We may provide updates (including automatic updates) for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, "Updates"). Certain portions of our Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Service may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.
We will make reasonable efforts to keep the Site and Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Site and/or Services, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Site and/or Services or any function or feature thereof. You understand and agree that we have no obligation to maintain, support, upgrade, or update the Site and/or Services, or to provide all or any specific content through the Site and/or Services.
SERVICE MONITORING AND SUSPENSION
We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services (including inviting a fellow user into a community or group), as well as any user's use of or access to Personal Data, and profiles of other users.
We may also deactivate, terminate or suspend your account or access to certain Services at any time: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms or the spirit thereof (as highlighted in our Community Guidelines), (2) if we, in our sole discretion, determine you have created risk or possible legal exposure for Under Armour, the general public, any third party, or any user of our Services, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuation or material modification of any Services, or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or the next time you attempt to access your account after any such deactivation, termination or suspension.
DISCLAIMER REGARDING ACCURACY AND RELIANCE ON CONTENT
We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content. All information is provided "as is" without any representation, warranty or condition as to its accuracy or reliability.
In particular, our food database ("Food Database") contains a combination of nutritional information from various third party sources. We do not (i) guarantee the accuracy, completeness, or usefulness of any nutritional information or ingredients in the Food Database; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such nutritional information. To the extent permitted by applicable law, under no circumstances will we be responsible for any loss or damage resulting from your reliance on nutritional information. You are solely responsible for ensuring any nutritional information in the Food Database is accurate, complete and useful.
NO MEDICAL ADVICE
We aim to provide useful general information for our community, not professional medical advice. The Services are not medical devices, and the data provided by them is not intended to be utilized for medical purposes or to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, you expressly agree we are not providing medical advice via the Services. All Content provided through the Services, whether provided by us or by other users or third parties (even if they are claiming to be a medical professional) is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. To the extent permitted by applicable law, we are not responsible for any health problems that may result from training programs, dietary recommendations, consultations, products, or events you learn about through the Services. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.
Your use of the Services does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between Decide Diet and you.
You agree to be responsible for any Internet service fees you incur in accessing your account(s) through the Services.
You agree to provide a current, up-to-date email account to us at all times in order to access this site.
You agree to pay all fees that may be required by the Company to be paid for the use of the Services. The Company may in its sole discretion may change such fees, provided that it shall not change such fees without advance notice to you, which you agree may be provided through the Services.
SITE INFORMATION AND MATERIALS
All information and materials on the Site and/or Services, including but not limited to, text, trademarks, logos, graphics, and images (the "Materials"), are the copyrighted works and other forms of intellectual property of Decide Diet or third parties who have authorized use of the Materials on this Site and/or Services, unless otherwise provided in respect to specific areas or Materials on the Site and/or Services. Unless otherwise provided in respect to specific areas or materials on the Site and/or Services, Decide Diet grants you only the limited license solely to display the Materials on your personal computer or personal wireless device. Such Materials may not be distributed, transmitted, displayed, or broadcast in any manner or for any purpose. You acknowledge and agree that you have no right to nor will you modify, edit, alter, or enhance any of the Materials in any manner. This limited right terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited right of display, you agree to immediately erase or otherwise destroy any downloaded and printed Materials. Except as expressly stated herein, you acknowledge that you have no legal right, title, or interest in or to the Materials other than a limited right of display.
You understand that all Materials are the proprietary property of Decide Diet and are protected by copyright, trade secret, and other applicable laws. Submissions made by you or other participants ("Submissions") are not considered part of the Materials, but are subject to the restrictions set forth below. You acknowledge that the Materials constitute commercially valuable, proprietary, confidential property of Decide Diet, the design and development of which required the investment of substantial effort, time, and money and reflect, in part, the credibility and "good will" of Decide Diet.
You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. The Materials may not be distributed, transmitted, or broadcast in any manner, or for any purpose, unless expressly authorized to do so by Decide Diet, in advance, and in writing.
You agree not to use the Materials in any way that would compromise the proprietary nature of the Materials. Without limiting all of the foregoing, you agree not to deliver the Materials themselves, either reproduced or modified, or anything derived from the Materials, either orally or in writing, as part of any seminar, training program, workshop, consulting, or similar business activity which you make available to others, except with the prior written permission of Decide Diet.
Unless expressly indicated otherwise herein by Decide Diet, even if you have previously obtained Decide Diet's written permission to use any Materials or Submissions, you must obtain such written consent each time before again using any Materials or Submissions from this Site and/or Services.
Except as expressly stated herein, you acknowledge that you have no right, title, or interest of any kind on any legal basis in or to the Materials or the submissions of any party.
Content on the Site and/or Services may be supplied by third parties and visitors to the Site. Accordingly, Decide Diet has no specific prior review process or editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, members or any other user of the Site and/or Services, are those of the respective parties and not necessarily those of Decide Diet. Neither Decide Diet nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any third-party content, nor its merchantability or fitness for any particular purpose.
There may be links established between this Site and/or Services and other sites on the World Wide Web or Internet which are not under the control of, or maintained by, Decide Diet. Such links do not necessarily constitute an endorsement by Decide Diet of those sites. Decide Diet undertakes no obligation to monitor such sites, and you agree that Decide Diet is not responsible for the content of such sites, or any technical or other problems associated with any such third-party site, links, or usage. You further agree that in the event that you establish a link from any other site to the Site and/or Services, you will immediately discontinue such link upon receiving written notice from Decide Diet of its objection to any such link.
You agree to not post content or take any action on that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information you post if we believe that it violates these Terms. You will not use our copyrights or trademarks or any confusingly similar marks, without our prior written consent.
ADDITIONAL SITE RESTRICTIONS AND TERMS
You agree not to use, download, or manipulate information in the Site and/or Services in any way that may be harmful to patients, providers, healthcare organizations or anyone else, or in any way prohibited by applicable law or policy.
You also agree to indemnify and hold harmless Decide Diet, its officers, employees, agents, successors, and assigns against any and all loss, cost, expense, liability or damage, including, without limitation, all reasonable legal fees arising from your violation of these Terms or other misuse of the Site and/or Services.
You agree to use the Site and/or Services for lawful purposes only.
You agree not to use the Site and/or Services contrary to these Terms or in any manner that could damage, disable or impair the Site and/or Services.
You agree not to allow the Site and/or Services to be placed on any third party web site.
You agree not to adjust, alter, modify, decipher, make derivative works of, disassemble, or reverse engineer the service or any code or documentation furnished by us in connection with the Site and/or Services.
You agree not to use the Site and/or Services in any manner which interferes with the performance or functionality of the Site and/or Services.
You agree not to attempt to gain access to secured portions of the Site and/or Services to which you do not retain access rights.
You agree to comply with such technical requirements as may be published by Decide Diet from time to time.
You agree that in no event shall Decide Diet, or its officers, employees, agents, successors, and assigns, be liable for any damages resulting from the use of communications or information that you make available, or that we make available in any manner (including linked information or the content therein).
No waiver of any provision of these Terms or any breach hereunder shall be deemed a waiver of any other provision or subsequent breach, nor shall any such waiver constitute a continuing waiver.
If any part of these Terms, or the application thereof to any person or circumstance, is for any reason held invalid or unenforceable, it shall be deemed severable and the validity of the remainder of these Terms or the applications of such provision to other persons or circumstances shall not be affected thereby.
Decide Diet may assign its rights under these Terms at any time without notice.
The provisions of these Terms are for the benefit of Decide Diet, and its subsidiaries, affiliates and its service providers and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The Site is not directed to children under 18 years of age. We do not knowingly solicit or collect personal information from children under 18 years of age. Children should not submit any information through the Site. Any information submitted or related to a child under 18 years of age must be undertaken solely by an adult who has parental authority and responsibility for the child.
Your access to Site and/or Services will be subject to Decide Diet' authorization to access the Site. Decide Diet reserves the right to terminate your access to the Site at any time without notice, for any reason (including, but not limited to, if you violate these Terms) or for no reason. While Decide Diet' preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action, Decide Diet does not represent that it will nor is it required to either actively monitor such behavior or to provide such notice to you. Decide Diet's right to terminate your access is in addition to all other legal or equitable remedies available to Decide Diet hereunder, which rights are fully and expressly reserved by Decide Diet. Upon termination of these Terms and your access to the Site and/or Services for any reason, you shall cease to use or further access any Decide Diet content or services and be liable for any unauthorized attempts to do so via any means.
Decide Diet may, in its sole discretion and at intervals of its sole choosing, modify the Site, Services and/or the Terms at any time and without prior notice. It is your responsibility to monitor such changes, and to determine whether or not to continue to access and use the Site and/or Services based upon any such changes.
ALL COMMUNICATIONS TRANSMITTED THROUGH THE SERVICES MAY BE MONITORED FOR QUALITY ASSURANCE, TRAINING AND OTHER PURPOSES. BY ACCEPTING THESE TERMS, YOU CONSENT TO ANY SUCH MONITORING.
Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., "junk" or "spam" folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.
DISCLAIMER OF WARRANTIES
You, as a use of the Site and/or Services, acknowledge and agree that Decide Diet has no liability for any errors or omissions in the Site and/or Services, including in the Materials, whether provided by Decide Diet or third parties. You further acknowledge and agree that Decide Diet makes no warranty or representation of any kind as to the availability of the Site or any portion thereof, that the Site or portions thereof may be inaccessible for various time periods (whether due to Internet service provider problems or otherwise), and that Decide Diet shall have no liability for any unavailability of or inaccuracy in the Site and/or Services or the Materials. You will bear all risk associated with any content that you access. Your accessing of any content made available by or through Decide Diet and third parties is subject to your agreement to this provision and these Terms.
THE SITE AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, DECIDE DIET DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE AND SERVICES.
DECIDE DIET DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE AND/OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE AND/OR SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE AND/OR SERVICES OR THROUGH ANY LINKS PROVIDED IN THE AND/OR SERVICES. DECIDE DIET SIMILARLY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE AND/OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL. UNDER NO CIRCUMSTANCES SHALL DECIDE DIET BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND/OR RELIANCE ON THE SITE AND/OR SERVICES, OR ANY ASSOCIATED PRODUCTS AND SERVICES. YOU EXPRESSLY AGREE THAT SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF DECIDE DIET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE AND/OR SERVICES, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SITE AND/OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE AND/OR SERVICES OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE AND/OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE AND/OR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE AND/OR SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE AND/OR SERVICES.
We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any content available through the Site and/or Services, and we make no commitment to update such content.
TO CONTACT US
If you have questions, comments, or notices about Site, Services, or these Terms, please contact us at:
DecideDiet Inc.P.O. Box 270113West Hartford, CT 06127
Effective: July 1, 2018