DIETFORTHELAZY.COM Terms of Use and Disclaimer

WHAT YOU SHOULD KNOW

Welcome to the DietForTheLazy.com website (the “Web Site”). The goal of this Web Site is to provide you with access to information about DietForTheLazy.com and related products/services. Please read our Terms of Use (the “Terms”) carefully before continuing on with your use of this Web Site. These Terms shall govern the use of the Web Site and apply to all Internet traffic visiting the Web Site. By accessing or using this Web Site, you agree to the Terms. The Terms are meant to protect all of our Web Site visitors and your use of this Web Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE. DietForTheLazy.com reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web Site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.

PRIVACY

Registration data and certain other information about you are subject to our Privacy Policy. For more information, please review our full Privacy Policy.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This Web Site is controlled and operated by DietForTheLazy.com. Agll content on this Web Site, including, but not limited to, text, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, service marks and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by DietForTheLazy.com or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to DietForTheLazy.com. Content on this Web Site or any website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including e-mail or other electronic means) for commercial use without the prior written consent of DietForTheLazy.com or the Providers. Without the prior written consent of DietForTheLazy.com or the Providers, your modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the DietForTheLazy.com and/or the Providers copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to DietForTheLazy.com that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. DietForTheLazy.com retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your website any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another website any of the content or other materials on this Web Site without prior written consent of DietForTheLazy.com.

LINKS

This Web Site will permit you to link to other websites (“Linked Sites”), that may or may not be affiliated with this Web Site and that may have terms of use that differ from, or contain terms in addition to (for example, codes of conduct or guidelines) the terms specified here. The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under DietForTheLazy.com’s control, and DietForTheLazy.com is not responsible for, and does not endorse, such content, whether or not DietForTheLazy.com is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of your website by DietForTheLazy.com, or its affiliates or Providers. Your access to such websites through links provided on this Web Site is governed by the terms of use and policies of those sites, not this Web Site.

NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS

DietForTheLazy.com may provide notice to you via email, regular mail, or posting notices or links to notices on the Web Site. DietForTheLazy.com reserves the right at any time to modify, suspend or terminate its website services (or any part thereof), and/or your use of or access to them, with or without notice. DietForTheLazy.com may also delete, or bar access to or use of, all related information and files. DietForTheLazy.com will not be liable to you or any third-party for any modification, suspension, or termination of services, or loss of related information. DietForTheLazy.com may amend these Terms at any time by posting the amended terms on this Web Site.

BECOMING A REGISTERED USER

There is a cost to become a registered user of our Web Site. You do not have to become a registered user to use this Web Site. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of our Web Site. You must register in accordance with instructions that you will find on this Web Site to participate in and to contribute to, any Forum or use of the “Public Profile” feature of our Web Site. A “Forum” means any chat room, message board, bulletin board, recipe swap, or similar activity where you and other users of our Web Site can communicate.

If you elect to become a registered user of our Web Site, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Web Site (or any portion thereof). Rights are not assignable. You agree not to assign, transfer or sublicense your rights as a registered user of this Web Site.

USE OF BULLETIN BOARD, OR ANY OTHER COMMUNICATION OR INTERACTIVE FORUMS

To the extent that this Web Site contains or may in the future contain bulletin boards, discussion webs, chat rooms, or other message, interactive or communication facilities involving DietForTheLazy.com and other users (“Forums”), the user agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the user agrees that when using a Forum, the user shall not violate the law by:

• Defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others.
• Publishing, posting, distributing, or disseminating any defamatory, infringing, obscene, indecent or unlawful material or information.
• Uploading or downloading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the user owns or controls the rights thereto or has received all necessary consents.
• Deleting any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
• Falsifying the origin or source of any material contained in a file that is uploaded.

Knowingly introducing viruses, corrupted files or any other similar software or programs that may damage, alter or destroy this Web Site or the operation of another’s computer system, network, software, program, documentation or data contained therein.

Knowingly accessing or attempting to access or use DietForTheLazy.com’s computer system, computer network, or any part thereof, including this Web Site, for the purpose of devising or executing any scheme or artifice to defraud; obtaining money property or services by means of false or fraudulent pretenses, representations or promises; or committing theft, including but not limited to theft of proprietary information.

User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this Web Site only as permitted by these terms and conditions, any additional policies or procedures published in this Web Site from time to time by DietForTheLazy.com, and applicable law.

DietForTheLazy.com and its authorized agents and contractors reserve the right to remove any contents of this Web Site received from users for violations of DietForTheLazy.com forum use policies and other applicable regulations and law, including violations of others’ constitutional rights. DietForTheLazy.com reserves the right to edit any notices or postings for length if and when such length interferes with other users’ access to and use of this forum.

The user acknowledges that chats, conferences, bulletin boards, discussion webs and any other such interactive or communications’ forums hosted by this Web Site are public and not private communications. Further, the user acknowledges that chats, posting conferences, discussions webs and other communications by other users are not endorsed by DietForTheLazy.com or its agents or contractors, and such communications shall not be considered reviewed, screened or approved by DietForTheLazy.com.

SUBMISSIONS

If, at our request or on your own, you send, email, post or otherwise transmit to us or this Web Site information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, stories about yourself or your weight loss, or other materials (including, but not limited to, posting, emailing, or otherwise transmitting postings on any Forum) (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocable granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

ADVERTISEMENTS AND PROMOTIONS

DietForTheLazy.com may run advertisements and promotions from third parties on the Web Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than DietForTheLazy.com found on or through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. DietForTheLazy.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-DietForTheLazy.com advertisers on the Web Site.

DISCLAIMER OF WARRANTIES AND LIABILITY

ALL CONTENT ON THIS WEB SITE IS PROVIDED “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, DIETFORTHELAZY.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER DIETFORTHELAZY.COM, ITS AFFILIATED OR RELATED ENTITIES, NOT THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES, BUGS, ERRORS, PROBLEMS, LIMITATIONS, OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. DIETFORTHELAZY.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.

YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT DIETFORTHELAZY.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER DIETFORTHELAZY.COM, NOT ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DIETFORTHELAZY.COM AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT DIETFORTHELAZY.COM IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, DIETFORTHELAZY.COM’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

HEALTH DISCLAIMER

This Web Site provides weight loss management and information applications and content published over the Internet and is intended only to assist users in their personal weight loss efforts. DietForTheLazy.com in not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Web Site should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.

You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. This Web Site is intended for use by adult individuals interested in either losing weight or maintaining a healthy weight. Use of this Web Site is not a substitute for professional medical advice. Minors, pregnant women, or individuals with any type of health condition are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.

DISCLAIMER OF ASSOCIATION WITH USER

User acknowledges that no joint venture, partnership, employment or agency relationship exists between the user and DietForTheLazy.com or its authorized agents or contractors as a result of this Agreement or use of this Web Site. User agrees not to hold himself or herself out as a representative, agent, or employee of DietForTheLazy.com and DietForTheLazy.com and its authorized agents and contractors shall not be liable for any representation, act or omission of the user.

PARENTAL OR GUARDIAN PERMISSION

Some of the Content on this Web Site may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 18 ask their parent’s or guardian’s permission before viewing our Web Site.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless DietForTheLazy.com and the Providers, its and their officers, stockholders, representatives, directors, employees, affiliates, agents, subsidiaries, licensors, and suppliers from and against all claim, demand, losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of your content, your use of or connection to the Web Site (including any use by you on behalf of your employer), your violation of the Terms, or your violation of any rights of another.

THIRD PARTY RIGHTS

These Terms are for the benefit of DietForTheLazy.com and its Providers, its and their officers, stockholders, representatives, directors, employees, affiliates, agents, subsidiaries, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

JURISDICTIONAL ISSUES

Unless otherwise specified, the content contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by DietForTheLazy.com from its offices within Hollywood, Florida. DietForTheLazy.com makes no representation that content in its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Florida, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or DietForTheLazy.com brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or Federal courts located in Broward County, Florida, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND DIETFORTHELAZY.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

NO WAIVER

A failure on the part of DietForTheLazy.com to enforce any part of this agreement shall not constitute a waiver of any of DietForTheLazy.com’s rights under this agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of DietForTheLazy.com shall have legal effect.

ENTIRE AGREEMENT

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between DietForTheLazy.com, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY DietForTheLazy.com