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Terms of service


This Terms of Service Agreement (the "Agreement") is a legal agreement between you ("You") and Eat This Much, Inc., a Delaware Corporation ("Company") for use of the eatthismuch.com website ("Site"), the servers the Site is stored on, or the computer files stored on that server (collectively, the "Service"). By creating an account or accessing or using the Service, You accept and agree to be bound by the terms of this Agreement.

IF YOU DO NOT AGREE TO THESE TERMS, THE COMPANY IS UNWILLING TO LICENSE USE OF THE SERVICE TO YOU. YOU AGREE THAT YOUR USE OF THE SERVICE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

All amended terms automatically take effect 10 days after they are initially posted on this site. Your use of the Website following the effective date of any modifications to this agreement will constitute your acceptance of the agreement, as modified. You agree that notice on the Site of modifications is adequate notice.

SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN LOS ANGELES COUNTY, STATE OF CALIFORNIA AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.

Definitions

“Account” means an account created on the Service for a specific User to use the Service.

A “User” is a user of the Service that has been provided a license to use the Service under this Agreement that has not been terminated.

An “Individual User” is a User that uses the Service for their own personal use.

A “Professional User” is a dietician, personal trainer, or similar professional that uses the Service for their clients and has been accepted by the Company as a Professional User.

An “Authorized Client” is a client of a Professional User that is also a User.

1. Limited License(s)

The Company grants You a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your own individual use subject to the other terms of this Agreement.

If You are a Professional User, You are also granted a limited, revocable, non-exclusive, non-transferable license to access and use the Service to create meal plans for your Authorized Clients.

2. Provision of Service

Subject to the terms of our Privacy Policy, we reserve the right to monitor the Service for purposes of determining that your usage is in compliance with this Agreement and applicable laws. In addition, and as described elsewhere in this Agreement, we maintain an absolute and unconditional right to review and remove material accessible by or transmitted through the Service that, in our sole discretion, we believe is in violation of the law or this Agreement or is unacceptable to us in our sole discretion.

From time to time and without prior notice to you, we may change, expand and improve the Site and Service. We may also, at any time, cease to continue operating part or all of the Service or selectively disable certain aspects of the Service or portions of the Site. Any modification or elimination of the Service will be done in our sole and absolute discretion and without an ongoing obligation or liability to You, and Your use of the Site and/or Service do not entitle you to the continued provision or availability of the Site and Service.

3. Your Use of the Service

You agree not to transfer the Service. You may not modify, reverse engineer, decompile or disassemble the Service. You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of the Company. You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under the terms of this Agreement. You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service. You may not circumvent or disable any technological features or measures in the Service for protection of intellectual property rights. You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. You may not use or access the Site or Service to compile data in a manner that is used or usable by a competitive product or service. Any such forbidden use shall immediately terminate Your license to the Service.

You furthermore agree that:

You shall not create an Account or access the Service if You are under the age of 18.

You shall monitor your Account to restrict use by minors, and You will deny access to children under the age of 18. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account.

Without limiting any provision herein, You are responsible for any use of your credit card or other payment instrument by individuals that access your Account;

You shall not have more than one Account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;

You shall not have an Account or use the Service if You have previously been removed by the Company;

You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;

You shall not use your Account to engage in any illegal conduct;

When creating or updating an Account on the Service, You may be required to provide the Company with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with the Company's Privacy Policy. You agree that You will supply accurate and complete information to the Company, and that You will update that information promptly after it changes.

If You are a Professional User, that each of your clients that You use the Service for is an Authorized Client.

If You are a Professional User, that You will not enter the personal information of any client without their prior written permission.

4. Ownership

The Service and Service-related content are protected by copyright, trademark, and other laws of the United States and foreign countries. The Company and its licensors exclusively own all right, title and interest in and to the Service and Service-related content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service and Service-related Content.

5. User Licenses

“User Content" means any User Trademarks, communications, images, writings, creative works, sounds, and all the material, data, and information that You upload or transmit through the Service, or that other users upload or transmit. By transmitting or submitting any User Content while using the Service, You affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that You have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code.

“User Trademark” means any trademark or service mark that a Professional User owns and uploads to the Service.

You hereby grant Company a perpetual, irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content (except for User Trademarks) as well as all modified and derivative works thereof. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in any User Content.

You hereby grant the Company a license to use and display your User Trademark in the provision of the Service to You and other Users, until You remove such User Trademark from the Service (and for a reasonable amount of time thereafter for the Company to remove such content).

6. Digital Millennium Copyright Act

We respect the intellectual property rights of others and expect all users of our Service to do the same. We prohibit copyright infringing activities on the Service and, if properly notified, will promptly remove or disable access to such files. If you believe that your intellectual property is being used on the Service in a way that infringes copyright, please provide our designated agent listed below with the following information required by the Digital Millennium Copyright Act:

  • Provide a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identify 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.
  • Identify 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 the service provider to locate the material.
  • Provide 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.
  • Provide 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.
  • Provide 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.

Deliver notice with the information specified above to the Company’s designated agent, whose contact information is as follows:

Louis DeMenthon, Designated Agent

4722 W 167th St, Lawndale, CA 90260

[email protected]

7. Your Responsibility to Protect Data and Password

It is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying the Company of any unauthorized use of your account, or breach of your account information or password. The Company will not be liable for any loss that You may incur as a result of someone else using your username or password, either with or without your knowledge. To the extent allowable by law, You shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.

8. Subscriptions and Payment

You may access and use the Site and/or Service by either a free-of-charge service, or a monthly or annual fee-based subscription (“Paid Subscription”).

If You are using a Paid Subscription, your online credit or debit card payments to the Company will be handled and processed by third party service (“Third-party Provider”) and none of the sensitive data in relation to your payment will be stored on or used by the Site and/or the Service. Notwithstanding the foregoing, only the last 4 digits of Your credit/debit card will be stored on the Site to let You know which card you are using towards your Paid Subscription. The Company shall not be liable for any payment or similar issues that arise due to the Third-party Provider. The Company may change the Third-party Provider from time to time. The current Third-party Provider used by the Company is Stripe.

The Company may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. By continuing to use the Site and/or Service after the price change takes effect, you accept the new price.

If you sign up for the free trial, your credit card will not be charged until after your free trial is over. Subscriptions continue automatically after the free trial is over, but You can cancel your membership beforehand and still use the full duration of the free trial.

9. Indemnity

You will indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, 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. If You are a Professional User, you will further indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, including any of your clients, in connection with your use of the Service.

10. Site for Information Purpose Only and Does Not Provide Medical Advice

This Site offers health, diet and nutrition related information, but is designed for informational purposes only, and is not intended as a substitute for the advice provided by your physician, nutritionist, dietitian or other healthcare professional. This Site is not a certified weight loss program and does not provide any medical or health advice. If you have any concerns or questions about your health or the content on the Site and/or Service, you should always consult with a physician, nutritionist or other health-care professional. You should not use the information on this Site for diagnosing or treating a health, nutrition or weight loss problem or disease, or prescribing any medication or other treatment. You should always speak with your physician, nutritionist or other healthcare professional before adopting any diet or meal plan for health problems or dietary restrictions.

11. Termination of License

The Company may terminate your license to use the Service with or without cause at any time. Should You breach this Agreement or fail to comply with any term of this Agreement, your right to use the Service shall terminate immediately and without notice. You may also terminate this Agreement by simply discontinuing use of the Service.

12. Disclaimers


THE USE OF THE SITE AND SERVICE IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND SERVICE, WHETHER EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE COMPANY MAKES NO WARRANTY THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICE IS TO CEASE TO USE THE SITE OR SERVICE. YOU MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.

13. Limitation of Liability

INFORMATION MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED IN THE SITE, INCLUDING INFORMATION RECEIVED THROUGH YOUR USE OF THE SERVICE, ARE YOUR SOLE RESPONSIBILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF USE, OR OTHER LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF: (i) THE USE OR INABILITY TO USE THE SITE OR SERVICE, (ii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICE, (iii) THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH LINKED WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (iv)YOUR RELIANCE ON ANY OF THE SITE OR SERVICE; (v) THE INTERRUPTION, SUSPENSION, TERMINATION OF THE SERVICE OR ANY PORTION THEREOF, (vi) THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO POST OR STORE ANY INFORMATION, OR (vii) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICE. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO YOU RELATING TO YOUR USE OF THE SITE AND/OR SERVICE EXCEED ONE HUNDRED DOLLARS ($100).

14. Miscellaneous

Any dispute arising from this Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any cause of action you may have with respect to your use of the Site and Service must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this agreement shall be admissible in judicial or administrative proceedings.

15. No Class Actions

All claims between the parties related to this Agreement will be litigated individually and the parties will not consolidate or seek class treatment for any claim, unless previously agreed to in writing by the parties.

BY USING THE SERVICE OR ACCESSING THE SITE OR SERVICE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.