Terms and Conditions of Use
This Site, www.dietprogramreviews.com, (the “Site”) is owned and operated by CPC Search, Inc. (the “Company,” “We”, “Us,” and “Our”). BY USING ANY PORTION OF THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT PROCEED ANY FURTHER AND DO NOT USE THIS SITE.
We recommend printing a copy of this page for your reference. We also recommend referring back to this document regularly, as we may make changes and post them to this Site. Access to or use of this Site after the posting of such changes will be deemed consent to such changes.
We have the right at any time to change or discontinue any aspect or feature of this Site, including, without limitation, the content, and hours of availability for access to or use of the Site. We reserve the right to prohibit anyone from using this Site. We intend that this Site be used by adults only and users that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site should not be used by minors. If you do not qualify, you are not permitted to use the Site, and you do not have our consent to do so.
This Site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, and graphics , and the contents of this Site are copyrighted under the United States copyright laws and international treaties (“Protected Material”). The service marks and trademarks presented on this Site are held and registered by their respective owners. We claim no rights in such service marks and trademarks. You are not granted any rights in or to this Site or any Protected Material, other than the limited right described in these terms and conditions and any policies and procedures that We may adopt and make available on this Site from time to time.
The information provided on the diets contained on this Site is either the opinion of the Company or information provided by the originator of the respective diet plan. Whereas we believe the information provided on this Site to be factual and accurate, you should not rely on the information and should seek the advice of a medical practitioner regarding the dietary regime that may be right for you. You agree (i) to comply with all applicable laws and regulations regarding your use of this Site and the Protected Material, (ii) not to retransmit, publicly display, sell or use the Protected Material provided other than solely for your own personal purposes, (iii) not to alter or remove any of the Protected Material or any consent or other proprietary notice or legend on any of the Protected Material. We grant you a limited personal license to you only, to access and use the Site in order to obtain information about the products or services offered by us. This license does not include any (i) resale or other commercial use of this Site or its contents (ii) collection and use of any product listings, descriptions, or prices (iii) derivative use of this Site or its contents (iv) any downloading, copying, sharing, publication or distribution of information for the benefit of any third party or (v) any use of data mining, robots, or similar data gathering and extraction tools, whether done automatically or manually. Neither this Site nor any portion of this Site, nor any data, materials or information contained therein may be reproduced, duplicated, copied, sold, resold, distributed, published, visited, modified or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, graphics, data, or other proprietary information or materials (including images, text, page layout, or form) of ours or of any third party on the Site without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. In addition to any other remedies that may be available to us by law, any unauthorized use of the Site terminates the permission and license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray us or any products or services offered on the Site in a false, misleading, derogatory, or otherwise offensive matter. Linking to any page of the Site other than the home page (a practice known as “Deep Linking”) is strictly prohibited without our express written consent. You may not use any logo or other proprietary graphic or trademark on the Site as part of the link without our express written permission. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
This Site provides links to other Internet sites. Such links are provided as a service to you. We reserve the right to terminate those links at any time. We are compensated by eDiets.com for any customers that are generated for eDiets.com by this Site. We are not responsible for the availability of such other sites, including eDiets.com, and are not responsible or liable for any content, products or other materials available on such other sites. You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information, goods or services available on or through any third party site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
If you believe that your copyright in any material has been infringed by Us, please contact Us at [provide email address here] with the following information (i) a description of the copyrighted work you claim has been infringed, (ii) a description of the material that you claim is infringing, identified with sufficient detail for Us to locate it on the Site, (iii) your address, telephone number and e-mail address, (iv) a statement by you that you have a good faith belief that the disputed use is not authorized, (v) a statement by you declaring under penalty of perjury that the above information is true and that you are the owner of the copyrighted interest or authorized to act on the copyright owner’s behalf and (vi) a physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest.
YOUR USE OF THIS SITE OR ANY OF THE SITE CONTENT IS AT YOUR OWN RISK. THIS SITE AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, RELIABILITY, QUALITY, TIMELINESS, UNINTERRUPTED USE, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY BY JURISDICTION.
YOU HAVE THE SOLE RESPONSIBILITY FOR VERIFYING THE COMPLETENESS, ACCURACY, RELIABILITY, QUALITY AND TIMELINESS OF ALL INFORMATION MADE AVAILABLE ON THIS SITE. WE MAKE NO REPRESENTATION OR WARRANTY THAT USING THIS SITE, ANY OF THE SERVICES OR THE SITE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY WEB SITES LINKED TO THIS SITE. YOUR CHOICE TO LINK TO OTHER WEB SITES FROM THIS SITE IS AT YOUR OWN RISK.
YOU HEREBY IRREVOCABLY RELEASE US FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, LOSS, LIABILITY OR EXPENSE THAT YOU MAY SUFFER OR INCUR AS A RESULT OF OR ARISING FROM YOUR USE OF THIS SITE OR THE SITE CONTENT. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS ARISING OUT OF YOUR USE OF THE SITE, ANY SERVICE OR ANY INFORMATION, BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE.
To the full extent permissible by applicable law, you hereby release, agree and covenant not to sue us, our subsidiaries and affiliates, and our officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with your use of the Site, other than willful misconduct on our part. If you are a California resident, you hereby waive California Civil Code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You agree to defend, indemnify and hold Us harmless from and against any damage, loss, liability or expense (including reasonable attorney’s fee) that We may suffer or incur as a result of any claim attributable to or based upon your use of this Site or any of the Protected Material. If for any reason you are not satisfied with this Site or the Protected Material, your sole remedy is to cease using this Site or the Protected Material. You further agree to indemnify, defend and hold Us, our subsidiaries and affiliates and each of Our officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys' fees, due to or arising out of the following events: (i) Your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this Agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party and (vi) your use of the Site or the products or services of us or any third party, except for claims resulting solely from our negligence or willful misconduct.
Nothing in these terms and conditions will be construed to make Us your agent, employee, joint venture, partner, franchisee-franchisor or legal representative of any of the others. None of us will either have or represent itself to have any authority to bind another to any obligation.
If any provision of these terms and conditions is held to be unenforceable, this holding will not affect the validity of the other provisions. Company controls and operates this Site from our offices in Santa Barbara,CA. These terms and conditions, and your use of the Site, will be governed by and interpreted in accordance with the laws of the State of California, U.S.A., excluding its conflicts-of-law rules. Any controversy or dispute will be submitted to the state or federal courts in and for Santa Barbara, CA. You hereby consent to the personal jurisdiction of the State of California, acknowledge that venue is proper in any state or Federal court in the State of California, and waive any objection that may exist, now or in the future, with respect to any of the foregoing.
Any controversy or claim between you and us or our subsidiaries and affiliates, and our officers, directors and employees, arising out of or relating to this Agreement or your use of the Site or products or services purchased through the use of the Site, shall be settled by binding arbitration, in Santa Barbara, California, before a single arbitrator, in accordance with the commercial arbitration rules of JAMS which shall administer the arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration.
These terms and conditions constitute the complete and exclusive statement of the terms, conditions and representations of the agreement between us with respect to this Site, the Site content, and the Protected Material and supersedes all other agreements with respect to the subject matter hereof.
We may change these terms and conditions from time to time and at any time, without actual notice to you. In the event of a change, Company will post the revised version to our Site. Any access to or use of the Site after such an update will be deemed consent to such update. You are therefore encouraged to refer back to this page regularly. These terms and conditions may not be otherwise amended without the written consent of Company.
The invalidity of any portion of this Agreement will not affect the validity of any other provision and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of this Agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions will be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of this Agreement to be valid and enforceable and hereby knowingly waive all rights to object to any provision of this Agreement to the full extent permitted by law. Accordingly, if any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect
Except as explicitly stated otherwise, any notices shall be given by postal mail to us at CPC Search, Inc. 226 E. Canon Perdido St, Suite G, Santa Barbara, CA 93109, and to you at the email or other address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. In such case, notice shall be deemed given 3 days after the date of mailing.
The foregoing provisions are for the benefit of Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Collection of Trend Data
When you visit this Site, We may passively collect non-personally identifiable information through this Site, including the location from which you visit Us, the kind of browser you use, the date and time you visit this Site, and the amount of time you spent viewing this Site. We only gather this information for the purpose of analyzing aggregated trends and statistics.
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