Diet Smarter Terms of Use
Thank you for your interest in using DietSmarter.com. Before you get started we ask that you please read and agree to this Terms of Use Agreement before accessing website. Effective Date: This Terms of Use Agreement was last updated on 7/9/2013.
The Web pages available on DietSmarter.com are focusing on health issues and providing accurate as well as up to date health information to consumers. Diet Smarter is a site aimed at US readers and is based in the USA.
Our goal is to provide the most complete diet reference site on the Internet covering the pros and cons of all diets and weight loss programs in order to help you make the best decision you can concerning which plan to choose. We also seek to provide you with the best offers on diet plans, weight loss programs, and diet products available online.
Access to the Services
Subject to the terms and conditions of this Agreement, Diet Smarter may offer to provide certain information and services, as described more fully on the Site, and which are selected by User through the Site, solely for User’s own use, and not for the use or benefit of any third party. Diet Smarter may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Diet Smarter may also impose limits on certain information, reviews, features and services or restrict User’s access to parts or all of the Services without notice or liability. Diet Smarter reserves the right, at its discretion, to modify this User Agreement at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User’s acceptance of the terms and conditions of this User Agreement as modified.
User certifies to Diet Smarter that if User is an individual (i.e., not a corporation) User is at least 13 years of age. User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. All users are by default considered as non-medical professionals. If otherwise, it must also be stated. If a health professional gives medical information as a platform user, his/her status as a medical professional must be identified. Nor is the content of this site meant as recommendations to a healthcare professional.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
Site Content
The Site and its contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Diet Smarter requests that, according to standard academic practice, if a User uses the Service for any research that results in an article, a book, or other publication, the User lists DietSmarter.com as a resource in User’s bibliography.
User acknowledges and agrees that if User uses any of the Services to contribute Content to the Site (i.e. contributes articles or comments), Diet Smarter is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so. User warrants, represents and agrees that it will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, and offensive or otherwise violates any law or right of any third party. Diet Smarter reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Diet Smarter is concerned that User may have breached the immediately preceding sentence), or for no reason at all. Users may request removal of comments via email.
Restrictions
User is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Diet Smarter user.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.
Warranty Disclaimer
Diet Smarter has no special relationship with or fiduciary duty to User. User acknowledges that Diet Smarter has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Diet Smarter from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. Diet Smarter makes no representations concerning any content contained in or accessed through the Site, and Diet Smarter will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
Privacy, Registration, and Security
As a condition to using certain Services, User may be required to register with Diet Smarter and select a password and User name “Diet Smarter User ID”. User shall provide Diet Smarter with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. Diet Smarter reserves the right to refuse registration of, or cancel a Diet Smarter User in its discretion. Dietsmarter.com uses 3rd party cookies for advertising purposes.
Diet Smarter seeks to honor or exceed the legal requirements for health information privacy as set forth by the USA, Canada, The UK, The EU, Australia, and New Zealand.
Commenting Privacy
In order for users to comment on Diet Smarter a valid email must be supplied. Emails are stored securely and are not visible or accessible to other users. Emails are confidential and never sold, traded, shared, or used for solicitation of goods or services.
Newsletter Subscription Privacy
Users who opt to subscribe to the Diet Smarter Newsletter will have your stored with our 3rd party email service. Your email is confidential and will never be sold, traded, or shared and you can unsubscribe at any time causing the complete removal of your email address from the system.
Indemnity
User will indemnify and hold Diet Smarter, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of User’s access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User’s account, of any intellectual property or other right of any person or entity.
Limitation of Liability
IN NO EVENT SHALL DIET SMARTER OR DIETSMARTER.COM BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
Third Party Ad Servers
We and our advertisers may use third parties to serve or present the ads that appear on our site and to conduct research about the advertisements. Diet Smarter uses 3rd party cookies for advertising purposes.
Medical Disclaimer
This site is for informational and educational purposes only.
The information should not be used for diagnosing or treating a health problem. Not all diets and nutritional regimes suit everyone. You should always consult your licensed health care provider before making significant changes to your diet, or taking any form of prescription medication. The information provided on Diet Smarter is designed to complement, not replace, the relationship between a patient and his/her own physician.
The creators and content providers disclaim any liability or loss in connection with the information and advice provided here.
Diet Smarter has no control over the content, terms, or privacy policy of any external site that has been linked to, and as such can provide no guarantees on the authenticity of the information contained therein.
Other Guidelines
Commenting and Discussion
Commenting is moderated by the editor, once a day, Monday-Friday. All new comments are edited for content based on guidelines for appropriateness. Comments made by site users are meant to be relevant and add to the user experience in a positive manner.
Guidelines:
- Comments will not promote, sell, or advertise any product or service.
- Comments will not request or post material that may infringe copyright.
- Diet Smarter does not tolerate comments that harass, defame, or in any way offensive
- Relevant and on-topic only
- Commenters and Moderators must behave with respect and honesty at all times.
- All commenters are by default considered as non-medical professionals. If otherwise, it must also be stated. If a health professional gives medical information as a commenter, his/her status as a medical professional must be identified.
- Commenters should cite references when making claims of a diet’s effectiveness or ineffectiveness.
Failure to follow these guidelines will result in removal of the comment and the user could be banned from commenting in the future without notice.