Terms of service
DietPoint (»Service«) is developed and published by DietPoint Ltd. (»Provider«). All intellectual property rights are owned by the Provider.
The Services do not provide professional medical services or advice; no doctor-patient relationship
DietPoint provides Services for informational purposes only. THE WEBSITE, MOBILE APPLICATIONS AND SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. DietPoint Provider is not a medical organization and our staff will not and cannot give medical advice or diagnosis. Provider will not be held responsible for any information interpreted as such by any member. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation or treatment.
HEREBY AGREE THAT, BEFORE USING THE SERVICES, YOU SHALL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM EXERCISE OR CHANGES IN YOUR DIET. Provider will not be held responsible for individuals who intend and carry out harm to themselves or other individuals. DietPoint is intended for use only by healthy adult individuals. The Service are not intended for use by minors, pregnant women or individuals with any type of health condition.
Consent of use of data
You agree that Provider may collect and use technical data and related information, including but not limited to technical information about Your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Services. Provider may use this information, to improve its products or to provide the Service and technologies to You.
Services; Third parties materials
The Service may enable access to Provider's and third party services and websites (collectively and individually »Services«). Use of Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that results of any search or entering of a particular URL, may automatically and unintentionally generate links or references to objectionable material.
Nevertheless, You agree to use the Service at Your sole risk and that the Provider shall not have any liability to You for the content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from Third Parties (»Third parties materials«) or provide certain links to certain third party web sites. By using the Service, You acknowledge and agree that Provider is nor responsible for examining or evaluating the content, accuracy, completeness, timeless, validity, copyright compliance, legality, decency, quality or any other aspect of such Third parties materials or web sites. The Provider does not warrant or endorse and does not assume and will have any liability or responsibility to You or any other person of third parties. Third Party Materials and links to other links to other web sites are provided solely as convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon investment advice. Before executing any securities transaction based upon information obtained through The Service, You should consult with a financial professional. Location data provided by any of Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information in needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Provider nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeless of stock information or location data by any Services.
You agree that the Service contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Service. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof or create derivative works based on Service, in any manner, and You shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to Services are not available in all languages or in all countries. The Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Service or Materials You do so at Your own initiative and are responsible for compliance with any applicable laws. The Provider has the right to change, suspend, remove, or disable access to the Service at any time without notice. In no event will the Provider be liable for the removal of or disabling of access to any such Services. The Provider may also impose limits on the use of or access to certain Service, in any case and without notice or liability.
Registered Premium Membership Rules
There is a fee to use the Premium Services. If You do not sign up to become a paid premium member, You will be precluded from using exclusive DietPoint tools, diet plans and other offerings (collectively "Offerings"). You must register in accordance with instructions that You will find on this Service to participate in all Offerings.
Community Standards and Conduct Guidelines
You are entirely responsible for all Postings that You post, email or otherwise transmit to this Service. We do not control the Postings posted or otherwise transmitted on our Service by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. You agree that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted or otherwise transmitted to or on this Service, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. Our adopted standards and code of conduct for members is important, but You acknowledge that there may be posts that You find offensive and that You may not agree with. We will not, under any circumstances, be liable in any way for any Postings (other than for Content developed by Provider), including, but not limited to, any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted or otherwise transmitted to or through these Service.
You agree not to use any part of DietPoint (including forum, private communication) to:
a. Post or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable (at our sole discretion);
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of the Provider, our affiliates or any other person or entity, or falsely state or otherwise misrepresent Your affiliation with the Service and Provider, our affiliates or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through these Services;
e. Post or otherwise transmit any Postings or other materials that You do not have a right to, post or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Post or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
g. Post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
h. Post or otherwise transmit any Postings or other materials that contain 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;
i. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of a Forum (or other portion of this Service) are able to type, or otherwise act in a manner that negatively affects other users' ability to use Forum or any other parts of this Service.
j. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
k. "Stalk" or otherwise harass another member or employee of this Service;
l. Collect or store personal data or attempt to collect or store personal data about other users of the Website;
m. Use the Service as a way to meet individuals with the intent to harm them physically or mentally.
n: Post Your personal email address in any message board, private message board, or private message.
o: Promote other products, Websites, chats, message boards, or events taking place outside of this Service, without written consent from Provider.
Provider reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between members. You agree to hold provider harmless in connection with any dispute or claim You make against any other member.
Consent to receive email from Dietpoint
By registering with the Service, you thereby consent to receive periodic email communications regarding the Service, new product offers, promotions and other matters. As part of registration, You may also elect to receive periodic DietPoint newsletters. You may opt-out of receiving newsletters at any time by (a) following the unsubscribe instructions contained in each newsletter; or (b) changing the email preferences in your account.
Consent to receive email communications from members
By registering with the Service, your thereby consent to receive electronic communications, including email and instant messages from other members.
You agree to indemnify, hold harmless and, at our option, defend Provider and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
Governing Law and Choice of Forum
In any action against us arising from the use of this Service, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SERVICE PERFORMED OR PROVIDED BY THE SERVICE ARE PROVIDED »AS IS« AND »AS AVAILABLE«, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTIES RIGHTS. PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICE PERFORMED OR PROVIDED BY, THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THAT ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICE (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SERVICE OR ANY WEBSITE OR WEBSITES LINKED TO THE SERVICE'S SITES, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THIS SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SERVICE.