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Terms of Use/Privacy Policy
Terms of Use
Welcome to www.iodiet.com (the "Website"), a website and
online community based on the Inside-Out Diet program, operated by
_X__, an Ontario corporation ("Sponsor", "we", "our",
or "us"), based on the Inside-Out Diet program developed
by Cathy Wong and X. The Website enables visitors ("Visitors")
and Visitors who are at least eighteen (18) years of age and register
with the Website ("Registrants", collectively with Visitors "you" or "your")
to make use of services and participate in programs promoting the
Inside-Out Diet philosophy and practice, including but not limited
to email services, bulletin and message boards, chat areas, news
groups, forums, communities, calendars, and various other message
communication applications. These Terms of Use (the "Agreement")
sets forth the terms and conditions which govern your use of the
Website.
Please read this Agreement carefully before accessing the Website.
By accessing the Website, Visitors agree to be bound by the terms
and conditions set forth in this Agreement. If Visitors do not wish
to be bound by this Agreement, they are not authorized to use this
Website.
Sponsor reserve the right to modify this Agreement at any time,
and you agree to review the Agreement periodically to be aware of
such modifications and your continued use of the Website shall be
deemed to be your conclusive acceptance of any modified Agreement.
1. Registration.
1.1 Capacity. Visitors must register as a Registrant
in order to make use of certain features offered through the Website,
as described
herein. By clicking on the "I Accept" button, each Registrant
acknowledges that such Registrant is at least eighteen (18) years
of age and has read, agrees with and accepts to be bound by the terms
and conditions set forth in this Agreement. Failure to click the "I
Accept" button will prevent an individual from becoming a Registrant.
1.2 Accurate Information. Registrants agree to provide us with accurate,
complete and current information during registration, and to update
information provided to us if and when such information should change.
1.3 Registrant Profile; Password. Registrants
will receive a user ID and password ("Registrant Profile").
Registrants agree not to allow any third party to use their Registrant
Profile to access
the Website and to safeguard the information that would allow another
person or entity to access the Website by using their Registrant
Profile. Registrants agree to be responsible for their failure to
safeguard such information and/or to allow any other person or entity
to access or use the Website by using their Registrant Profile. No
part of a Registrant Profile may be transferred or sold to another
party. Registrants agree to notify Sponsor immediately of any unauthorized
use of their Registrant Profile or the Website. Registrants and Visitors
agree that Sponsor shall not be liable for any loss that results
from the unauthorized use of a Registrant's Registrant Profile, either
with or without such Registrant's knowledge.
1.4 Revocation of Registration. Registrants agree that Sponsor has
the right to cancel their registration for any reason at any time,
in our sole discretion. The revocation of a Registrant's registration
shall result in the loss of access to portions of the Website accessible
by Registrants, and Registrants agree that Sponsor shall have the
right to take appropriate administrative and/or legal action, including
criminal prosecution, to protect our interests.
1.5 Charges. While use of the Website is currently free of charge,
you acknowledge that we may, in our sole discretion, decide at any
time to charge for such access and services.
2. MEDICAL DISCLAIMER.
YOU ACKNOWLEDGE AND AGREE
THAT THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL TEXT, DATA,
IMAGES, GRAPHICS, PHOTOGRAPHS,
AUDIO, VIDEO, SOFTWARE, INFORMATION, PROGRAMS, TELESEMINARS, ARTICLES,
COMMENTS, STORIES, MESSAGES, POSTINGS, INFORMATION, SPONSOR MATERIALS
(AS HEREINAFTER DEFINED), REGISTRANT CONTENT (AS HEREINAFTER DEFINED)
AND OTHER CONTENT (COLLECTIVELY, "CONTENT") PROVIDED IN
CONNECTION WITH THE WEBSITE BY SPONSOR OR THIRD PARTIES ON BEHALF
OF SPONSOR, AND ALL REGISTRANT CONTENT IS PROVIDED FOR INFORMATIONAL
PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE (I) MEDICAL ADVICE
OR COUNSELING, (II) THE PRACTICE OF MEDICINE INCLUDING BUT NOT LIMITED
TO PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, THE PROVISION OF HEALTH
CARE DIAGNOSIS OR TREATMENT, OR (III) THE CREATION OF A PHYSICIAN-PATIENT
OR CLINICAL RELATIONSHIP BY SPONSOR OR ANY OF SPONSOR'S AGENTS, AFFILIATES,
EMPLOYEES, CONSULTANTS (INCLUDING, WITHOUT LIMITATION MARK HYMAN,
M.D. AND HYMAN INTEGRATED TECHNOLOGIES, LLC), OR SERVICE PROVIDERS
(COLLECTIVELY, WITH SPONSOR, THE "SPONSOR PARTIES"). YOU
ACKNOWLEDGE AND AGREE THAT CONTENT SHOULD BE USED ONLY IN CONJUNCTION
WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN, AND THAT YOU WILL CONSULT
WITH YOUR PHYSICIAN BEFORE UTILIZING ANY CONTENT APPEARING ON THE
WEBSITE AND IF YOU HAVE ANY QUESTIONS OR WISH TO SEEK ADVICE REGARDING
A MEDICAL CONDITION, YOUR DIET, NUTRITIONAL SUPPLEMENTS, AN EXERCISE
REGIMEN OR ANY OTHER MATTER RELATED TO YOUR HEALTH OR GENERAL WELL-BEING.
3. Content.
3.1 Registrant Content. Sponsor offers Registrants
the opportunity to participate in various interactive resources,
including message
boards, blogs, and chat rooms. Sponsor also provides Registrants
with the opportunity to publish, display, or otherwise transmit directly
or indirectly ("Post") certain Content to the Website ("Registrant
Content").
3.2 Posting. By Posting Registrant Content to the Website,
Registrants warrant and represent that (i) such Registrant owns the
proprietary
rights to any Registrant Content that such Registrant Posts to the
Website, or (ii) such Registrant has obtained prior written consent
from the owner of proprietary rights to any Registrant Content that
such Registrant Posts to the Website. By Posting Registrant Content
to the Website, Registrants also warrant and represent that any such
Registrant Content does and will not infringe any party's proprietary,
publicity, privacy, or other rights and that such Registrant Content
is and will not be defamatory or libelous. Furthermore, Registrants
agree not to Post to the Website any Registrant Content that: is
fraudulent;
is designed to interrupt, or destroys or limits the functionality
of, any computer software or hardware or telecommunications equipment;
interferes with or disrupts the Website, services connected to the
Website, or otherwise interferes with operations or services of this
Website in any way, including through the use of JavaScript, ActiveX,
or other coding;
infringes any patent, trademark, trade secret, copyright, or other
proprietary rights of any party; including the promoting of an illegal
or unauthorized copy of another person's copyrighted work;
is patently offensive to the Website community, such as Registrant
Content that promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual;
constitutes or attempts to offer medical advice or counseling;
harasses or harms, or advocates the harassment or harming of another
person;
involves the transmission of "junk mail", "chain letters," or
unsolicited mass mailing or "spamming";
promotes information that is false or misleading, or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory
or libelous;
contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page);
displays pornographic or sexually explicit material of any kind;
provides material that exploits people in a sexual or violent manner,
or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities;
solicits passwords or PII for commercial or unlawful purposes from
other Registrants or PII from Visitors;
causes us to lose (in whole or part) the services of our ISPs or
other suppliers;
links to materials or other content, directly or indirectly, to which
such Registrant does not have a right to link;
encourages others to violate this Agreement; or
violates any applicable local, state, national, or international
law.
3.3 Quality of Registrant Content; Review of Registrant Content;
DISCLAIMER.
Sponsor does not, and you agree that Sponsor has no obligation to,
review Registrant Content Posted on the Website, and therefore we
do not guarantee the accuracy, integrity or quality of such Registrant
Content and we cannot assure that harmful, inaccurate, deceptive,
offensive, threatening, defamatory, unlawful or otherwise objectionable
Registrant Content will not appear on the Website. However, you acknowledge
and agree that we have the absolute right to monitor all Registrant
Content in our sole discretion. In addition, we reserve the right
to alter, edit, refuse to Post or remove any Registrant Content,
in whole or in part, for any reason or for no reason, and to disclose
such materials and the circumstances surrounding their transmission
to any third party in order to satisfy any applicable law, regulation,
legal process or governmental request and to protect ourselves, our
Registrants, Visitors or service providers. You agree that we do
not have any obligation to use or respond to any of submissions of
Registrant Content. You agree that you shall notify Sponsor in writing
of any objectionable Content appearing on the Website.
THE SPONSOR PARTIES EXPRESSLY DISCLAIM ALL RESPONSIBILITY AND ENDORSEMENT
AND MAKES NO REPRESENTATION AS TO THE VALIDITY OF ANY CONTENT POSTED
ON THE WEBSITE, NOR ARE ANY OF THE SPONSOR PARTIES RESPONSIBLE FOR
ANY ERRORS OR OMISSIONS IN ANY CONTENT, FOR LINKS EMBEDDED THEREIN,
OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ANY OF
THE SPONSOR PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR
RELIANCE ON INFORMATION OBTAINED THROUGH CONTENT. THE OPINIONS EXPRESSED
BY REGISTRANT CONTENT ARE SOLELY THE OPINIONS OF THE REGISTRANTS
WHO HAVE POSTED SUCH CONTENT, AND DO NOT REFLECT THE OPINIONS OF
ANY OF THE SPONSOR PARTIES.
3.4 Public Content. None of the Content posted via message boards,
chat rooms or other public forums shall be subject to any obligation,
whether of confidentiality, attribution, or otherwise, on Sponsor's
part and none of the Sponsor Parties shall be liable for any use
or disclosure of any such Content.
3.5 Usage Limitations. Registrant Content Posted to the Website
may be subject to size and usage limitations. Registrants are responsible
for adhering to such limitations.
4. Commercial Transactions.
4.1 Purchases. Certain products or services may be offered for sale
through the Website. In the event you wish to purchase any of these
products or services, you will be asked by Sponsor or an authorized
third party on Sponsor's behalf to supply certain PII, including
without limitation, your full name, address, telephone number and
credit card information. You agree to provide Sponsor or such third
party with accurate, complete and current information at all times,
and to comply with the terms and conditions of any agreement that
you may enter into which governs your purchase of such product or
service. You shall be responsible for all charges incurred through
your account as well as for paying any applicable taxes.
4.2 Payment. Your right to use any service or product that is available
for purchase through the Website is conditional on our receipt of
payment for such service or product. If payment cannot be charged
to your credit card or if a charge is refunded for any reason, including
chargeback, you agree that we reserve the right to either suspend
or terminate your account, thereby terminating this Agreement and
all obligations hereunder.
5. Intellectual Property.
5.1 Copyright. Except for Registrant Content, any Content contained
in the Website is the property of Sponsor or its licensors or suppliers
and is protected by copyright as a collective work or compilation
under the copyright laws of the United States and other countries.
You must abide by all copyright notices or restrictions contained
on the Website. You agree not to use, display, reproduce, retransmit,
modify, distribute, disseminate, sell, publish, broadcast, circulate,
display or in any way exploit any Content (including any copyrighted
material, trademarks, or other proprietary information), in whole
or in part, whether by e-mail or by any other means, for any purpose
other than for your personal, non-commercial use.
5.2 Sponsor Materials. Subject to the limited
license set forth in Section 6.2 hereof, you will have the opportunity
to download
and use certain materials provided to you by Sponsor (the "Sponsor
Materials") including but not limited to the text of The Inside-Out
Diet, a book by Cathy Wong that is scheduled for commercial release
in July 2007. You acknowledge and agree that you shall not infringe
or otherwise violate the copyright or other proprietary rights of
any Sponsor Materials.
5.3 Integrity of Registrant Content. Registrants warrant and represent
that either (i) they own the proprietary rights to any Registrant
Content that they Post to the Website, or (ii) they have obtained
prior written consent from the owner of proprietary rights to any
Registrant Content that they Post to the Website for such posting.
Registrants also warrant and represent that any such Registrant Content
does and will not infringe any party's proprietary, publicity, privacy,
or other rights and that such Registrant Content is, and will not
be, defamatory or libelous.
5.4 Trademarks. Unless otherwise indicated, all
names, graphics, designs, logos, page headers, button icons, scripts,
commercial markings,
trade dress, and service names included in the Website are trademarks
of Sponsor or its licensors or suppliers (collectively, the "Trademarks")
and are protected by the trademark laws of the United States and
other jurisdictions. You may not use, copy, reproduce, republish,
distribute, modify or Post any Trademarks in any way, including in
advertising or publicity pertaining to or distribution of materials
on the Website, without our prior written consent. The Trademarks
may not be used in any manner that is likely to cause confusion,
or in any manner that disparages or discredits any of the Sponsor
Parties.
5.5 Copyright Agent. The Digital Millennium Copyright
Act of 1998 (the "DMCA") provides recourse for copyright
owners who believe that material appearing on the Internet infringes
their rights
under U.S. copyright law. If you believe that your work has been
copied and Posted on the Website in a way that constitutes copyright
infringement, please provide our copyright agent with the following
information: an electronic or physical signature of the copyright
owner or of the person authorized to act on behalf of the owner of
the copyright interest; a description of the copyrighted work that
you claim has been infringed; a description of where the material
that you claim is infringing is located on the Website; your address,
telephone number, and e-mail address; a written statement by you
that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; a statement by you,
made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf. Any notification by a copyright
owner or a person authorized to act on its behalf that fails to comply
with requirements of the DMCA shall not be considered sufficient
notice and shall not be deemed to confer upon Sponsor actual knowledge
of facts or circumstances from which infringing material or acts
are evident. Sponsor's copyright agent for notice of claims of copyright
infringement can be reached as follows info@iodiet.com.
We suggest that you consult your legal advisor before filing a notice
with Sponsor's copyright agent. You should note that there can be
penalties for false claims under the DMCA.
6. License.
6.1 Use. You may not copy, reproduce, distribute, publish, display,
perform, modify, create derivative works of, transmit, sell, or in
any way exploit any portion of the Website, except that you may download
Content from the Website as machine readable copies and/or print
copies of any web page, provided that such copies will be used for
your own personal (non-commercial) use and not for the purposes of
competing in any manner with the Website or Sponsor.
6.2 Grant of License to Registrant Content. By Posting Registrant
Content to the Website or by otherwise submitting Registrant Content
to us, Registrants automatically grant, and represent and warrant
that they have the right to grant to Sponsor, a non-exclusive, perpetual,
irrevocable, sublicensable (through multiple tiers), assignable,
fully paid, royalty free, worldwide license to use, copy, modify,
adapt, publish, make, sell, create derivative works of or incorporate
into other works such Registrant Content, derive revenue or other
remuneration from, communicate to the public, distribute (through
multiple tiers), perform or display such Registrant Content (in whole
or in part) and/or to incorporate such Registrant Content in other
works in any form, media, or technology now known or later developed,
and to grant and authorize sublicenses of the foregoing through multiple
tiers of sublicensees, including the right to exercise the copyright,
publicity, and any other rights over any of the materials contained
in such Registrant Content for any purpose, including for purposes
of advertising and publicity on the Website and elsewhere. Sponsor
shall not be limited in any way in its use, commercial or otherwise,
of any Registrant Content appearing on the Website. Registrants hereby
waive any moral rights in, or approval rights to, such Content. Further,
we have the explicit right to incorporate any Registrant Content
Posted or conveyed by any Registrant to this Website into any further
work, in any medium, without prior consent or review, and without
payment of any royalty or fee whatsoever.
6.3 Grant of License to Sponsor Materials. Notwithstanding Section
6.1 hereof and as part of your use of the Website, Sponsor grants
to you a revocable, non-exclusive, non-transferable and limited license,
without the right to sublicense, for the sole purpose of downloading
and viewing the Sponsor Materials on your personal computer. The
grant of this limited license is in no way intended, and shall not
be interpreted, to grant to you any rights or license permitting
you (i) to translate, alter, copy, revise, modify, change, or create
derivate works based on the Sponsor Materials in whole or in part;
(ii) to publish, display, distribute, sell, rent or otherwise make
the Sponsor Materials, in whole or in part, available to any third
party; or (iii) to print or otherwise reproduce the Sponsor Materials,
in whole or in part. Subject to the limited license granted in this
Section 6.3, the owner of rights in the Sponsor Materials retains
any and all rights that now or hereafter exist with respect to the
Sponsor Materials.
7. Links.
Sponsor
and/or third parties may provide links to other websites of possible
interest to you. Because we have no control
over such websites, you acknowledge and agree that we are not responsible
for the availability of such websites and do not endorse and are
not responsible or liable for any content, advertising, services,
products, or other materials on or available from such websites.
you also acknowledge and agree that Sponsor 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 content, advertising, services, products, or other
materials
on or available from such websites. All such websites shall be
subject to the policies and procedures of the owner of such websites.
8. DISCLAIMER OF WARRANTIES.
8.1 REGISTRANTS AND VISITORS ACKNOWLEDGE AND AGREE THAT THEIR USE
OF THE WEBSITE IS AT THEIR SOLE RISK. NONE OF THE SPONSOR PARTIES
ASSUMES ANY RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED
THROUGH THE WEBSITE, AND MAKES NO PROMISES, GUARANTEES, PREDICTIONS
OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE
IN PROVIDING THE WEBSITE. NO INFORMATION OBTAINED FROM ANY OF THE
SPONSOR PARTIES, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE
ANY EXPRESS OR IMPLIED WARRANTY. THE SPONSOR PARTIES SHALL HAVE NO
LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR
ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED
DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF USING THE WEBSITE. SPECIFICALLY,
THE SPONSOR PARTIES DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING
THE WEBSITE.
8.2 NONE OF THE SPONSOR PARTIES MAKE ANY GUARANTY
OF THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY CONTENT (INCLUDING
REGISTRANT
CONTENT) APPEARING ON THE WEBSITE AND ARE NOT RESPONSIBLE FOR ANY
ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY CONTENT (INCLUDING
REGISTRANT CONTENT) THEREOF; ANY FAILURES, DELAYS OR INTERRUPTIONS
IN THE DELIVERY OF ANY CONTENT (INCLUDING REGISTRANT CONTENT) CONTAINED
THEREIN; LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT (INCLUDING
REGISTRANT CONTENT) APPEARING ON THE WEBSITE; ANY CONDUCT BY REGISTRANTS
OR VISITORS; OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH OR IN CONJUNCTION
WITH THE WEBSITE. ANY SUCH PRODUCTS OR SERVICES PROVIDED AS PART
OF THE WEBSITE ARE ACQUIRED BY YOU "AS IS" AND "WHERE
IS". Neither the Sponsor Parties nor any third-party provider
of information guarantees the accuracy, completeness, or usefulness
of any Content (including Registrant Content). Furthermore, the Sponsor
Parties neither endorses nor are responsible for the accuracy and
reliability of any opinion, advice, or statement made on the Website
by anyone other than an authorized Sponsor representative while acting
in such representative's official capacity.
8.3 NONE OF THE SPONSOR PARTIES GUARANTEES CONTINUOUS, UNINTERRUPTED
OR SECURE ACCESS TO THE WEBSITE, AND OPERATION OF THE WEBSITE MAY
BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE CONTROL OF
THE SPONSOR PARTIES.
9. LIMITATION OF LIABILITY.
9.1 IN NO EVENT SHALL ANY OF THE SPONSOR PARTIES BE LIABLE FOR LOST
PROFITS OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR ANY GOODS AND/OR
SERVICES ACQUIRED THROUGH THE WEBSITE, WHETHER OR NOT ANY OF THE
SPONSOR PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF THE SPONSOR PARTIES TO YOU OR ANY THIRD
PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE VALUE
PAID BY YOU FOR THE GOODS AND/OR SERVICES WHICH GIVE RISE TO YOUR
CLAIM, OR (B) $100.
9.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS IN SECTIONS 8 OR 9 HEREOF MAY NOT APPLY TO YOU.
10. Indemnity.
You agree to indemnify, defend and hold the Sponsor
Parties harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your breach
of this Agreement, or your violation of any law or the rights of
a third party. You agree that under no circumstances will any of
the Sponsor Parties be liable in any way for the accuracy, reliability,
or quality of Registrant Content provided through the Website, and
that each Registrant shall hold the Sponsor Parties harmless for
(i) any errors or omissions in Registrant Content Posted by such
Registrant, or (ii) any loss or damage of any kind incurred as a
result of the use of Registrant Content Posted by such Registrant.
11. Third Parties.
Your participation, correspondence or business
dealings with any third party found on or through the Website, regarding
payment and delivery of specific goods and services, and any other
terms, conditions, representations or warranties associated with
such dealings, are solely between you and such third party. You agree
that the Sponsor Parties shall not be responsible or liable for any
loss, damage, or other matters of any sort incurred as the result
of such dealings.
12. Privacy.
Sponsor views the protection of your privacy as a very
important responsibility. The terms regulating the handling of PII
and other information by you in connection with the Website is described
in our Privacy Policy.
13. No Agency.
No agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or created between
you and Sponsor or any of the Sponsor Parties by this Agreement.
14. Notices.
Except as provided in the following sentence, all notices
hereunder shall be given by certified mail, postage prepaid and return
receipt requested, to: XX and to a Registrant at the address listed
in such Registrant's Registration Profile. Notice shall be deemed
given three (3) days after the date of the mailing.
15. Governing Law.
You acknowledge and agree that this Agreement
shall be governed by and construed in accordance with the laws of
the Province of Ontario, excluding conflict of laws provisions thereof
that would indicate the application of the laws of any other jurisdiction
and you hereby submit to exclusive jurisdiction in the provinvial
courts of Ontario. You agree to receive service of process through
certified mail or by other means sanctioned by law, and you expressly
waive any claim of improper venue and any claim that such courts
are an inconvenient forum.
16. General.
If any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. You agree that this Agreement may be
automatically assigned by Sponsor, in its sole discretion, to a third
party. Section headings are for reference purposes only and in no
way define, limit, construe or describe the scope or extent of such
section. Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar
breaches. This Agreement sets forth the entire understanding and
agreement between us with respect to the subject matter hereof. The
provisions of this Agreement will survive termination or expiration
to the extent necessary to carry out the intentions of the parties.
17. Contact Us.
If you have any questions or concerns regarding
the Website, please contact us by e-mail at general@iodiet.com or
write to us at XX.
Privacy Policy
Welcome to the Inside-Out Diet website located
at www.iodiet.com. This Privacy Policy is intended to inform you
about how Sponsor collects
and uses your personally identifiable information ("PII")
and other information in operating the Website.
How does the Website Work?
The Website provides visitors to the Website
("Visitors")
and other individuals who are at least [twenty-one (21)] years of
age and who have registered with the Website ("Members")
access to an online community including [teleseminars], chat rooms,
message board, blogs, and other informative resources. Members may
publish, display, or otherwise transmit directly or indirectly ("Post")
stories, messages, comments, information, images, graphics, and photographs,
and other content (collectively, "Member Content") to the
Website, subject to this Privacy Policy and our Terms of Use.
By participating in the Website, you consent to the collection and
use of your PII by Sponsor as described herein. Sponsor reserves
the right to change how we handle the information we collect and
process through the Website at any time. We will update this Privacy
Policy to reflect any changes and such changes will take effect immediately
once posted.
What type of PII does Sponsor collect from you and how do we use
it?
Members must provide certain PII to Sponsor in order to have access
to certain features on the Website. Such PII shall include basic
biographical information, such as your name, address, and phone number.
We may also ask you for general statistical, non-PII about your interests
and lifestyle habits.
[Sponsor does not review Member Content before it is Posted to the
Website, and does not collect PII from Member Content unless there
is a compelling reason to do so. Unless you provide PII to Sponsor
through the Website (e.g., through registration, Member Content,
or by email), we will not collect any PII from you.]
Sponsor may provide your PII to entities who work on behalf of or
with us. These entities may use your PII to help fulfill your requests
in connection with the Website and to help us communicate with you
about different resources offered as part of the Website. For instance,
we may transfer information collected at registration, including
PII, to service providers and other third parties who assist us in
running the Website.
Under what other circumstances may we release PII?
We may also release your PII if we believe such release is necessary
to comply with the law (e.g., a legal process or a statutory authorization),
to apply or enforce our customer agreements, to protect our rights
or property, to protect Members and/or Visitors from fraudulent,
abusive, or unlawful use of the Website, or if we reasonably believe
that a danger to any person requires disclosure of such PII.
Who will have access to Member Content that you Post to the Website?
Please keep in mind that any Member Content that you Post to the
Website will be viewable by all Members and Visitors. In accordance
with our Terms and Conditions, you may not use Member Content for
commercial purposes or in any manner which competes with, or which
may compete with, Sponsor.
What other information does Sponsor collect?
We also collect anonymous and aggregate information from you about
your preferences in navigating the Website by using cookies, action
tags and other methods. Cookies are small text files that identify
your computer. We may use cookies to, among other things, monitor
Website usage, customize Website features, identify your computer's
operating system and browser, and complete transactions. An action
tag is a small, graphic image on a webpage that is designed to
allow the website owner or a third party to monitor who is visiting
a website by collecting the IP address of the computer to which
the tag is sent, the URL of the webpage that the tag comes from
and the time that such webpage was viewed. Tags may be associated
with cookie information. We may also use such anonymous and aggregate
information for promotional purposes.
Do I have the ability not to be identified by Sponsor?
Yes. If you do not want to be identified by us, you can set your
browser to warn you before accepting cookies and refuse cookies when
your browser alerts you to their presence. You can also adjust the
settings in your browser to refuse all cookies. If you do not want
us to have any of your PII, do not submit any of your PII to us or
include any of your PII in any Member Content appearing on the Website.
How do we store information?
Sponsor takes reasonable steps consistent with industry standards
to assure that PII collected at registration is secured from loss,
misuse, unauthorized access, and destruction in storage while under
our control. Please note that despite our efforts to safeguard information
provided to us, we cannot guarantee that such information will not
be disclosed or accessed by accidental circumstances or by the unauthorized
acts of others.
Does Sponsor provide links to other websites?
Sponsor may provide links to other websites or resources of possible
interest to you. Because we have no control over such websites or
resources, the collection and use of your PII and other information
by such websites shall be subject to the policies and procedures
of such websites and not this Privacy Policy.
What are our policies regarding children?
You must be twenty-one (21) years of age or older in order to register
as a Member. Sponsor will not knowingly collect PII from anyone under
thirteen (13) years of age.
Do we have a mechanism to address the removal of PII and complaints
about the handling of information that we collect?
If you wish to remove PII that you have submitted to Sponsor, please
send us an email requesting such removal to privacy@iodiet.com. If
you have questions or concerns about any of our information collection
or handling practices, please contact us at privacy@iodiet.com.
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