Terms and Conditions
Effective as of July 8, 2017
Welcome to DietAgainstDisease.com (“Website”). It is owned and operated by DietAgainstDisease, LLC (“DAD”, “we” or “us”). In connection with the Website, we provide content, information, products, services and other features (“Features”), including, but not limited to, educational videos. We provide these Features and access to the Website subject to the terms and conditions set forth below (“Terms and Conditions”). Please read them carefully, because they contain information about your rights and obligations.
By using the Website or the Features, you accept and agree to the Terms and Conditions, which shall then operate as a binding agreement between you and us. You may not use our Website or the Features unless you agree to the Terms and Conditions.
License and Limitations on Use
Subject to your compliance with the Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Website and the Features we have made accessible to the public and use them for personal, non-commercial purposes. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by DAD, its parent company, successors, and affiliates.
Neither the Website nor any Feature, nor any part thereof, may be reproduced, duplicated, copied, sold, resold, accessed, or otherwise used for any commercial purpose unless we expressly consent in writing. Unless we expressly consent in writing, you may not use data mining, robots, or similar data gathering and extraction tools on the Website or with regard to the Features, except to include the Website on search engines or otherwise direct potential consumers directly to the Website. You may not use any meta tags or any other “hidden text” utilizing the DietAgainstDisease name or any of our trademarks without our express written consent. You may not collect or obtain information or data regarding other users, including their email addresses, without their consent;
You may only use our Website and the Features to the extent permitted by applicable law. You may not misuse the Website or the Features for any illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, or otherwise improper purpose. You may not use the Website or the Features in any manner that would injure the body or property of someone else, or violate their rights. You may not impair, tamper with, interfere with, disrupt, or create an undue burden on servers or networks connected to the Website. You may only access the Website, the Features, or any hosting servers or services to the extent we grant access to the public, as any ordinary member of the public. You may not access any portion of the Website, Features, or hosting services or services to the extent they are hidden from the public, password protected, or otherwise made generally non-accessible to the public.
Any licenses we grant to you under these Terms and Conditions will terminate if you do not comply with them. You or we may suspend or terminate your use of this Website at any time, without notice, for any or no reason at all.
When you use our Website or its Features, you may be communicating with us electronically. Unless you expressly indicate otherwise, to the extent you provide us with your email address or other contact information, you consent to us communicating with you by those means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such a matter be in writing.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Website and the Features. You may not use the Website or the Features if you are located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or if you are listed on any U.S. Government list of prohibited or restricted parties. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
Copyrights and Trademarks
All content included in or made available through our Website, including any videos, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, or other Features are the property of DAD or its content suppliers and is protected by United States and international copyright and trademark laws. The compilation of all content included in or made available through the Website or the Features is the exclusive property of DAD and protected by U.S. and international copyright laws.
Unless we otherwise expressly agree in writing, you may only use DAD’s trademarks and copyrighted content and compilations as we expressly permit in these Terms and Conditions. For example, you may not sell, copy, distribute, display, or transmit any such content unless we expressly consent in writing.
Links to Third-Party Websites
From time to time, this Website may contain links to external websites that we do not own, operate or control. We provide these third-party links for your convenience only. You understand and agree that we are not responsible for the availability of such third-party websites or their content, that we do not endorse any such websites or their contents, and that we are not responsible or liable for any content, information, advertising, products, services, or other items on or available from such websites. You also agree that neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites.
If you decide to visit any third-party websites linked to or from this Website, or use products or services offered on them, you do so entirely at your own risk. You use of third party websites, and purchase of any products or services that you purchase through them, are subject to the terms and conditions of the respective third parties and their websites. We are not responsible or liable for any damages to you and anyone else arising from your visitation or use of third-party websites or purchase of services or products offered on or through them.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE OR THE FEATURES IS AT YOUR SOLE RISK.
WE PROVIDE AND MAKE AVAILABLE THE WEBSITE AND FEATURES, INCLUDING ALL INFORMATION, VIDEOS, PRODUCTS AND OTHER CONTENT, TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS WE OTHERWISE AGREE IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, VIDEOS, PRODUCTS OR OTHER FEATURES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE AND THE FEATURES, UNLESS WE OTHERWISE AGREE IN WRITING. WE EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS OR WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
FOR EXAMPLE, WE DO NOT REPRESENT OR WARRANT THAT:
WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT.
PLEASE ALSO REVIEW OUR MEDICAL DISCLAIMER.
Limitations on Liability
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE, THE FEATURES, OR ANY INFORMATION ON OR OBTAINED THROUGH THEM, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES, UNLESS WE OTHERWISE AGREE OR SPECIFY IN WRITING. ANY VALID CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID TO US, IF ANY, FOR USE OF OUR PRODUCTS OR SERVICES.
To the fullest extent permitted by law, you agree to indemnify and hold harmless DAD and our parent company, affiliates, and subsidiaries, as well as theirs and our officers, directors, officers, managers, employees, donors, agents, licensors, successors, and assigns, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or the rights of another party. We reserve the right, to the extent permitted by law, to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms and Conditions. If we do so, you agree to cooperate with our reasonable requests relating to the defense of any claim.
Except as otherwise specified in herein, you and we agree that any dispute or claim relating in any way to your use of the Website or the Features will be resolved by binding arbitration, rather than by a court of law. The Federal Arbitration Act and federal arbitration law apply to this agreement and any dispute between you and us.
You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
You and we each agree that the following disputes may, instead of arbitration, be brought in a court of law:
Any such suit must satisfy the jurisdictional and venue requirements of the court and not otherwise violate the terms of this agreement.
To the extent a dispute proceeds in court rather than in arbitration, we each waive any right to a jury trial.
The Federal Arbitration Act, applicable federal law, and the laws of the state of [FILL IN], without regard to conflict of laws principles, will govern these Terms and Conditions and any dispute of any kind that may arise between you and us.
Using this Website or the Features, including registering to receive emails from us, confirms your unconditional acceptance of these Terms and Conditions. Do not use the Website or the Features if you do not agree to the Terms and Conditions.
We reserve the right to make changes to our Website, policies, and Terms and Conditions at any time.
Modifications to the Terms and Conditions are made by updating this page. It is your responsibility to review these Terms and Conditions periodically to familiarize yourself with any modifications. Your continued use of this Website after modifications will constitute acknowledgment and agreement of the modified terms and conditions. You may find the effective date of the current Terms and Conditions at the top of this page.
If any of these Terms and Conditions are deemed invalid, void, or for any reason unenforceable, that term or condition will be deemed severable and will not affect the validity and enforceability of any remaining terms or conditions.
Please contact us if you have any questions regarding these Terms and Conditions. You may email us at [email protected] or calling us at (619) 630-7183.
Copyright 2017 – Diet Against Disease