The 30 Day Diet

THE30DAYDIET.COM

THE30DAYDIET.COM
WEBSITE TERMS AND CONDITIONS OF USE

Please read the following very carefully:

IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY CHANGES.

This site is owned and operated by Daniel Depp and THE30DAYDIET.COM. You may contact us at:
SUPPORT@THE30DAYDIET.COM

THE30DAYDIET.COM offers impartial advice and information on fitness, nutrition and fat loss, as well as products and services related to the health and wellness industry. Please be aware that products and services are not to be considered as legal or professional advice.

By using this site you agree to, and accept the following terms and conditions which we reserve the right to change, update or revise at our sole discretion. Please check back often to review any updated terms.

1. You must be eighteen (18) years or older to access this website. If you are under eighteen years of age, you are NOT permitted to access this web site for any reason. Due to the age restrictions for use of this web site, no information obtained by this web site, falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.

2. You agree not to use this site for any unlawful purpose.

3. Confidentiality and Trade Secrets: You acknowledge and agree that all content and material available on this site, including but not limited to systems, designs, wording, colours and graphics are proprietary trade secrets protected by copyrights, trademarks, service marks, patents or other proprietary rights and by other laws and that their use is restricted by the terms of this agreement. Use of the content or materials on this site for any purpose without written permission from THE30DAYDIET.COM is strictly prohibited. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of our Company.  For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site.  You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. You further agree that you will create no derivative works of this site or the products offered within. Neither title nor intellectual property rights are transferred to you by access to this site.

4. You understand that by entering your name and email address on the entry page that you are subscribing to a free, no obligation weight loss email newsletter. This newsletter is offered as a free service by THE30DAYDIET.COM, and no purchase is necessary. On occasion subscribers have had difficulty removing themselves from this free service. Should you have trouble subscribing or removing yourself, you may contact support@THE30DAYDIET.COM for personal attention. By entering this web site, you agree that you wish to be subscribed to this newsletter, and that you will make no threats, and take no action against THE30DAYDIET.COM or it’s subsidiaries in the event you are unhappy that you subscribed or are not able to remove yourself from this free mailing list, and you agree that you have opted-in to receive our newsletter by providing your first name and email address on our web site If you do not wish to receive our newsletter simply click the unsubscribe link at the bottom of the newsletter. If you need further assistance, please contact us at support@THE30DAYDIET.COM

Hyper-Links

This site may be hyper-linked to other sites which are not maintained by, or related to, our Company.  Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company.  Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites.  Hyper-links are to be accessed at the user's own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site.  Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by our Company of that site.

Submissions

You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.  Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Disclaimer

THE30DAYDIET.COM makes no warranties of any kind (either expressed or implied) concerning the materials on this site. Further, THE30DAYDIET.COM does not warrant that transmission of the materials will not be interrupted nor does it warrant that the materials will contain no errors nor that they will be accurate. THE30DAYDIET.COM does not warrant that the site itself or the server which transmits it will be free of viruses, trojans or anything else that may be harmful. Nor do we warrant that any defects will be corrected. You alone assume all risk associated with the use of this site, including the full cost of any necessary repair or service to your computer. By using this site you waive any claim whatsoever against THE30DAYDIET.COM and it’s subsidiaries which arises from your use, whether intended or not, of any other site. This waiver specifically includes any claim arising from a product and/or service which you purchase from any site other than THE30DAYDIET.COM and any claim arising from security of information (including, but not limited to credit card information) which you use on this site. In addition THE30DAYDIET.COM assumes no responsibility for any content which you find on sites that link either to or from the site. This includes responsibility for the accuracy or compliance with any laws and for any viruses or other harmful things which may be contained in these sites. Nor is THE30DAYDIET.COM responsible should any site link you to a site which you find offensive. THE30DAYDIET.COM does not endorse or warrant the quality of any goods you buy from any site other than the site. THE30DAYDIET.COM shall not be liable in any way whatsoever (including, but not limited to, negligence) for any consequential damages resulting from either your use of the site or your inability to use it or from your use of any site linked from or to the site. This limitation includes any circumstance in which THE30DAYDIET.COM or it’s representative has been advised of potential liability. Certain applicable laws may not allow all the limitations of liability described herein. Should that be the case, THE30DAYDIET.COM’s total liability to you for losses, damages, causes of action, and/or negligence shall not exceed the total amount paid by you (if any) to access the site.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. OUR COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. OUR COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OUR COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT OUR COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. OUR COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Limitation On Liability

THE 30 DAY DIET COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Notice About Testimonials

Testimonials are all true, reflect the opinions and experiences of real users of Daniel Depp’s and/or THE30DAYDIET.COM’s products, and are submitted to Daniel Depp and/or THE30DAYDIET.COM voluntarily by customers. If you would like to submit a testimonial to Daniel Depp and/or THE30DAYDIET.COM you agree that it becomes the exclusive property of Daniel Depp and THE30DAYDIET.COM, which for example includes the right to reproduce, edit (for length but not general content), and/or publish the testimonial, which may include your name or initials and city/state/country of residence. Some customers that have submitted testimonials may have received a Daniel Depp and/or THE30DAYDIET.COM product or service as a "thank-you" in appreciation for the time they invested to write or record their testimonials. Thank-you.

Indemnity

You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith.  You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of Company or the party that provided the trademarks, service marks, and logos to Company.  Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
  • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
  • includes MP3 format files;
  • amounts to a 'pyramid' or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
  • contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason.  Notwithstanding these rights, you remain solely responsible for the content of your submissions.  You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any).  Company will be entitled to monitor your password and, at its discretion, require you to change it.  If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.  Company reserves the right to investigate suspected violations of these Terms of Use.

The 30 Day Diet and related companies reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE 30 DAY DIET AND ITS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [COMPANY] OR LAW ENFORCEMENT AUTHORITIES.

The Company may revise these Terms of Use at any time by updating this posting.

Last updated: November 19, 2009

 

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