DIET
TIPS TERMS AND CONDITIONS OF USE PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By
using this site, you signify your assent to these Terms and Conditions. If you
do not agree to all of these Terms and Conditions of use, do not use this site! Diet
Tips may revise and update these Terms and Conditions at any time. Your continued
usage of the Diet Tips Web site ("Diet Tips Site," or the "Site,")
will mean you accept those changes. BASIC
DISCLAIMER All information
provided within this Web site is in no way intended to be a substitute for professional
medical advice. You should not use this information to diagnose or treat a health
problem or disease without consulting with a qualified healthcare provider. Consult
your healthcare provider with any questions or concerns you may have regarding
your condition. INDEX THE
SITE DOES NOT PROVIDE MEDICAL ADVICE CHILDREN'S
PRIVACY USE OF CONTENT LIABILITY
OF DIET TIPS AND ITS LICENSORS USER
SUBMISSIONS CHAT ROOMS AND BULLETIN
BOARDS ADVERTISEMENTS AND LINKS TO
OTHER SITES INDEMNITY GENERAL JURISDICTION COMPLETE
AGREEMENT THE SITE DOES NOT
PROVIDE MEDICAL ADVICE. The contents
of the Diet Tips Site, such as text, graphics, images, information obtained from
Diet Tips's licensors, and other material ("Content") contained on the
Diet Tips Site are for informational purposes only. The Content is not intended
to be a substitute for professional medical advice, diagnosis, or treatment. Always
seek the advice of your physician or other qualified health provider with any
questions you may have regarding a medical condition. Never disregard professional
medical advice or delay in seeking it because of something you have read on the
Diet Tips Site! If you think you
may have a medical emergency, call your doctor or 911 immediately. Diet Tips does
not recommend or endorse any specific tests, products, procedures, opinions, or
other information that may be mentioned on the Site. Reliance on any information
provided by Diet Tips, Diet Tips employees, others appearing on the Site at the
invitation of Diet Tips, or other visitors to the Site is solely at your own risk. The
Site may contain health- or medical-related materials which you find sexually
explicit or otherwise offensive. Diet Tips, its licensors, and its suppliers have
no control over and accept no responsibility for such materials. You are solely
responsible for compliance with the laws applicable to your country of residence. CHILDREN'S
PRIVACY. We are committed to protecting
the privacy of children. You should be aware that this Site is not intended or
designed to attract children under the age of 13. We do not collect personally
identifiable information from any person we actually know is a child under the
age of 13. USE OF CONTENT. Diet
Tips authorizes you to view or download a single copy of the material on the Diet
Tips Site solely for your personal, noncommercial use if you include the following
copyright notice: "Copyright 2002, Diet Tips. All rights reserved" and
other copyright and proprietary rights notices which were contained in the Content.
Any special rules for the use of certain software and other items provided on
the Diet Tips Site may be included elsewhere within the Site and are incorporated
into these Terms and Conditions by reference. The
Content is protected by copyright under both United States and foreign laws. Title
to the Content remains with Diet Tips or its licensors. Any use of the Content
not expressly permitted by these Terms and Conditions is a breach of these Terms
and Conditions and may violate copyright, trademark, and other laws. Content and
features are subject to change or termination without notice in the editorial
discretion of Diet Tips. All rights not expressly granted herein are reserved
to Diet Tips and its licensors. If
you violate any of these Terms and Conditions, your permission to use the Content
automatically terminates and you must immediately destroy any copies you have
made of any portion of the Content. LIABILITY
OF DIET TIPS AND ITS LICENSORS. The
use of the Diet Tips Site and the Content is at your own risk. When
using the Diet Tips Site, information will be transmitted over a medium which
is beyond the control and jurisdiction of Diet Tips and its suppliers. Accordingly,
Diet Tips assumes no liability for or relating to the delay, failure, interruption,
or corruption of any data or other information transmitted in connection with
use of the Diet Tips Site. The Diet
Tips Site and the content are provided on an "as is" basis. Diet Tips,
ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM
ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, Diet
Tips, its licensors, and its suppliers make no representations or warranties about
the following: The accuracy, reliability,
completeness, currentness, or timeliness of the Content, software, text, graphics,
links, or communications provided on or through the use of the Diet Tips Site
or Diet Tips. The satisfaction of
government regulations requiring disclosure of information on prescription drug
products with regard to the Content contained on the Diet Tips Site. In
no event shall Diet Tips, its licensors, its suppliers, or any third parties mentioned
on the Diet Tips Site be liable for any damages (including, without limitation,
incidental and consequential damages, personal injury/wrongful death, lost profits,
or damages resulting from lost data or business interruption) resulting from the
use or inability to use the Diet Tips Site or the Content, whether based on warranty,
contract, tort, or any other legal theory, and whether or not Diet Tips is advised
of the possibility of such damages. Diet Tips shall be liable only to the extent
of actual damages incurred by you, not to exceed U.S.$1000. Diet Tips is not liable
for any personal injury, including death, caused by your use or misuse of the
Site, Content, or Public Area (as defined below). Any claims arising in connection
with your use of the Site, any Content, or the Public Areas must be brought within
one (1) year of the date of the event giving rise to such action occurred. Remedies
under these Terms and Conditions are exclusive and are limited to those expressly
provided for in these Terms and Conditions. USER
SUBMISSIONS. You agree that you will
not upload or transmit any communications or content of any type that infringe
or violate any rights of any party. By submitting communications or content to
any part of this Site, you agree that such submission is non-confidential for
all purposes. If you make any such submission, you automatically grant--or warrant
that the owner of such content has expressly granted--Diet Tips a royalty-free,
perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create
derivative works from, modify, publish, edit, translate, distribute, perform,
and display the communication or content in any media or medium, or any form,
format, or forum now known or hereafter developed. Diet Tips may sublicense its
rights through multiple tiers of sublicenses. Diet
Tips Public Areas. If you use a Public
Area, you are solely responsible for your own communications, the consequences
of posting those communications, and your reliance on any communications found
in the Public Areas. Diet Tips is not responsible for the consequences of any
communications in the Public Areas. In cases where you feel threatened or believe
someone else is in danger, you should contact your local law enforcement agency
immediately. If you think you may have a medical emergency, call your doctor or
911 immediately. In consideration
of being allowed to use the Public Areas, you agree that the following actions
shall constitute a material breach of these Terms and Conditions:
Using a Public Area for any purpose in violation
of local, state, national, or international laws; Posting
material that infringes on the intellectual property rights of others or on the
privacy or publicity rights of others; Posting
material that is unlawful, obscene, defamatory, threatening, harassing, abusive,
slanderous, hateful, or embarrassing to any other person or entity as determined
by Diet Tips in its sole discretion; Posting
advertisements or solicitations of business; After
receiving a warning, continuing to disrupt the normal flow of dialogue, or posting
comments that are not related to the topic being discussed (unless it is clear
the discussion is free-form); Posting
chain letters or pyramid schemes; Impersonating
another person; Distributing viruses
or other harmful computer code; Harvesting
or otherwise collecting information about others, including email addresses, without
their consent; Allowing any other
person or entity to use your identification for posting or viewing comments;
Posting the same note more than once or
"spamming"; or Engaging
in any other conduct that restricts or inhibits any other person from using or
enjoying the Public Area or the Site, or which, in the judgment of Diet Tips,
exposes Diet Tips or any of its customers or suppliers to any liability or detriment
of any type. Diet Tips reserves the
right (but is not obligated) to do any or all of the following:
Record the dialogue in public chat rooms.
Investigate an allegation that a
communication(s) do(es) not conform to the terms of this section and determine
in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive,
illegal, or disruptive, or that otherwise fail to conform with these Terms and
Conditions. Terminate a user's access
to any or all Public Areas and/or the Diet Tips Site upon any breach of these
Terms and Conditions. Monitor, edit,
or disclose any communication in the Public Areas. Edit
or delete any communication(s) posted on the Diet Tips Site, regardless of whether
such communication(s) violate these standards. Diet
Tips reserves the right to take any action it deems necessary to protect the personal
safety of our guests or the public. Diet Tips has no liability or responsibility
to users of the Diet Tips Site or any other person or entity for performance or
nonperformance of the aforementioned activities. ADVERTISEMENTS
AND LINKS TO OTHER SITES. Diet Tips
does not endorse the content on any third-party websites. Diet Tips is not responsible
for the content of linked third-party sites, sites framed within the Diet Tips
Site, 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. Diet Tips does
not endorse any product advertised on the Diet Tips Site. INDEMNITY. You
agree to defend, indemnify, and hold Diet Tips, its officers, directors, employees,
agents, licensors, and suppliers, harmless from and against any claims, actions
or demands, liabilities and settlements including without limitation, reasonable
legal and accounting fees, resulting from, or alleged to result from, your violation
of these Terms and Conditions. GENERAL. Diet
Tips is based in Knoxville, Tennessee, in the United States of America. Diet Tips
makes no claims that the Content is appropriate or may be downloaded outside of
the United States. Access to the Content may not be legal by certain persons or
in certain countries. If you access the Diet Tips Site from outside the United
States, you do so at your own risk and are responsible for compliance with the
laws of your jurisdiction. The following provisions survive the expiration or
termination of these Terms and Conditions for any reason whatsoever: Liability,
User Submissions, Indemnity, Jurisdiction, and Complete Agreement. JURISDICTION. You
expressly agree that exclusive jurisdiction for any dispute with Diet Tips, or
in any way relating to your use of the Diet Tips Site, resides in the courts of
the State of Tennessee and you further agree and expressly consent to the exercise
of personal jurisdiction in the courts of the State of Tennessee in connection
with any such dispute including any claim involving Diet Tips or its affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication providers,
and content providers. These Terms
and Conditions are governed by the internal substantive laws of the State of Tennessee
without respect to its conflict of laws principles. If any provision of these
Terms and Conditions is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain in full force and
effect. No waiver of any of these Terms and Conditions shall be deemed a further
or continuing waiver of such term or condition or any other term or condition. COMPLETE
AGREEMENT. Except as expressly provided
in a particular "legal notice" on the Diet Tips Site, these Terms and
Conditions constitute the entire agreement between you and Diet Tips with respect
to the use of the Diet Tips Site, and Content. Your use of the Diet Tips Site
is also subject to the Diet Tips Privacy Policy. Thank
you for your cooperation. We hope you find the Diet Tips Site helpful and convenient
to use! Questions or comments regarding this website should be directed by electronic
mail to info@diet-tips.com or via U.S. mail to Diet Tips c/o Eastern Media Network
at 315 Fruitwood Lane, Knoxville, TN 37934.
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