My Eating Plan Terms of Use
Welcome to My Eating Plan (the “Web site”). Please read this Terms and Conditions of Use Notice (“Notice”) carefully before using the Web site. By viewing or otherwise using this Web site, you agree you are 13 or older and agree to the My Eating Plan privacy policy and to the terms and conditions in this Notice. We reserve the right in our sole discretion to change, modify, add, or delete portions of this Notice at any time. We will provide notice of such changes only by posting the updated Notice on our Web site and changing the “last updated” date listed above. This Notice applies exclusively to your access to, interaction with, and use of, this Web site and does not alter in any way the terms or conditions of any other agreement you might have with My Eating Plan, Inc. (“My Eating Plan”) for products, services, or otherwise. We encourage you to review our Notice each time you visit our site to see if it has been updated since your last visit. If you have any questions regarding the use of the Web site, please refer to the Frequently Asked Questions section within Customer Support. All other questions or comments about the Web site should be directed to help@myeatingplan.com.
Privacy Policy
My Eating Plan believes strongly in protecting user privacy. My Eating Plan has therefore adopted a Privacy Policy. Users of this Web site should refer to My Eating Plan’s Privacy Policy, available for viewing here, before providing any information. USER REGISTRATION(A) In order to access or use some features of the Web site, you will have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to My Eating Plan. (B) In order to become a registered user, you must provide true, accurate and complete registration information and, if such information changes, promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Web site not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at our customer support address help@myeatingplan.com of any breach of security or unauthorized use of your Membership. (C) Recipes or other content saved by a member can be shared publicly and viewable by all unless marked as private. Private recipes including weblinks, references and custom recipes entered by the member will remain private until unmarked as private.
Proprietary Rights
1. Content
All Web site materials, including, without limitation, the My Eating Plan logo, design, text, graphics, other files, and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of My Eating Plan or its affiliates or licensors. You may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of My Eating Plan, is strictly prohibited.
2. Trademarks
“My Eating Plan,” “MY EATING PLAN,” and other trademarks on this Web site are trademarks of My Eating Plan or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of My Eating Plan. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of My Eating Plan, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of My Eating Plan. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Web site are the property of their respective owners. My Eating Plan might have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages, and any software part of the Web site. Except to the extent we may have granted you licenses to certain intellectual property in this Notice, our providing you with such Web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
Hyperlinks
You are granted a limited, nonexclusive right to create a hyperlink to the homepage or recipe home page of this Web site only, provided such link does not portray My Eating Plan or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any My Eating Plan trademark, logo, or other proprietary information, including the images found at this Web site, the content of any text, or the layout/design of any page or form contained on any page of the Web site, without My Eating Plan’s express written consent. Except as noted above, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or proprietary right of My Eating Plan or any third party.
Third-Party Content & Services
My Eating Plan may provide hyperlinks to sites such as search engines and content of third parties (“Third-Party Content”) as a service to those interested in this information. My Eating Plan does not monitor nor does My Eating Plan have control over any Third-Party Content. My Eating Plan does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. My Eating Plan does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third-Party Content contained therein at their own risk.
Content Submissions
Your profile and all Content (recipes, images, feedback, and other information) added to your account remain yours. We claim no intellectual property rights over the Content you provide. My Eating Plan does not preview Content, but we have the right (while unlikely) to refuse or remove any content at any time.
If you choose to share your Content publicly on My Eating Plan, we may include your login name or other optional information like your photo, name, website, and location.
User Conduct
This Web site might include discussion forums or other interactive areas, including, but not limited to, bulletin boards, and recipe storage and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Web site. You agree not to use the Web site to do any of the following:
1. Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
2. Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
3. Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
5. Without My Eating Plan’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;
6. Harm minors in any way; or
7. Upload, post, e-mail, transmit, or otherwise make available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Disclaimer
THIS WEB SITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEB SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. MYEATINGPLAN.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MYEATINGPLAN.COM DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. MYEATINGPLAN.COM DOES NOT REPRESENT OR WARRANT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE WEB SITE AND CONTENT IS AT YOUR SOLE RISK. My Eating Plan reserves the right to change any and all Content contained on this Web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by My Eating Plan.
Limitation of Liability
IN NO EVENT SHALL MYEATINGPLAN.COM OR ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEB SITE, EVEN IF MYEATINGPLAN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above might not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless My Eating Plan, its affiliates, and all of their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Web site or any Materials or Submissions you provide, including, but not limited to, any claim by a third party that any Materials or Submissions infringe or violate such third party’s rights or interests.
Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Web site, and any Material and Submissions transmitted by you via or in connection with our Web site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Web site from fraudulent, abusive, or unlawful use of our Web site. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.
Applicable Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its choice of law principles to the contrary. You agree any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing in Larimer County, Colorado, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this Notice.
Termination
My Eating Plan reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Web site, to block or prevent future access to and use of this Web site, and to remove and discard any Material and Submissions.
Severability
If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.
ADDITIONAL TERMS.
Subscription Services
Some features of or services provided through the Web site require a fee-based subscription (all fee-based subscriptions are referred to as “Subscription Services”). If you elect to purchase Subscription Services you understand that your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use. Subscription Services may change, without prior notice. From time to time we may offer certain special promotions or offers (such as free premiums with purchase, or product discounts, etc) associated with our products (“special premiums”). Shipment of such special premiums may take 6-12 weeks for delivery. My Eating Plan reserves the right to charge shipping fees associated with these special premiums/products. Any and all promotions and/or offers, including those for special premiums may be discontinued at anytime, without prior notice at our discretion and are only available while supplies last or for the duration noted.
Canceling Subscription Services.
You may terminate Subscription Services at any time from your account page or by contacting our Customer Support at help@myeatingplan.com. If you have a dispute with us relating to the Web site or the Subscription Services, you may cancel the Subscription Services. The cancellation of Subscription Services is your only remedy with respect to any such dispute that you may have with us. We will attempt to process all cancellation requests within 72 hours after we receive your request. Please remember that if we determine, in our sole discretion, that you are not complying with any terms of conditions in this Notice, the Privacy Policy, or other terms and conditions on our Web site, we reserve the right to terminate your Subscription Services. Upon any termination or cancellation of your Subscription Services, we may immediately deactivate or delete your subscription service related features and content.
Payment.
Prices for all Subscription Services exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise, and are in the form of US Dollars. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Subscription Services, you agree to pay, using a valid credit card (or other form of payment that we may accept from time to time), the applicable fees and taxes (if any) set forth on the Web site. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to My Eating Plan for any reason, My Eating Plan reserves the right to either suspend or terminate your access to the unpaid-for Subscription Services.
CONFIDENTIALITY. All information supplied by you to My Eating Plan during the completion of the registration and subscription forms is subject to the Privacy Policy.
LIMITATION ON LIABILITY. My Eating Plan is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or redemption to be received by My Eating Plan on account of technical problems or traffic congestion online or on the Internet or at any web site, or any combination thereof including any injury or damage to entrant’s or any other person’s computer related to or resulting from downloading any materials consistent with this Trial or subsequent use of My Eating Plan. If, for any reason, the Trial offer is not capable of running online as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of My Eating Plan which threatens or corrupts or adversely affects the administration, security, fairness, integrity or proper conduct of this Trial offer, My Eating Plan, reserves the right, in its sole discretion, to cancel, terminate or suspend the offer and/or any Trials. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SUBSCRIPTION OFFER, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MYEATINGPLAN.COM WILL DISQUALIFY YOUR ATTEMPTED REDEMPTION AND RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
Renewal Program.
My Eating Plan will notify prior to automatically renewing your subscription on the anniversary of your purchase to ensure that there is no interruption of your Supporting Member privileges. My Eating Plan will charge your credit card at the then-current renewal rate using the credit card information we have on file for your account. Please contact the My Eating Plan Customer Support Department at help@myeatingplan or visit your account page to cancel your automatic renewal, cancel your subscription, or change your payment method.
Copyright Complaints
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent. Notification must be submitted to our Designated Agent.
Email: legal@myeatingplan
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Web site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records. My Eating Plan may, within its sole discretion, terminate authorization of users to its Web site who are repeat infringer’s.
