Terms of Use

EatHealthyYourWay.net Terms of Use Agreement

Thank you for visiting the www.EatHealthyYourWay.net web site. These Terms of Use set forth the agreement between the www.EatHealthyYourWay.net web site, which is owned, operated and maintained by the EatingWell Media Group, a leading provider of online inspiration and information people need to make healthy eating a way of life, and each user governing the use of this web site. The EatingWell Media Group wants each visitor to our web site to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (and you) know what to expect from each other. Please read these terms and conditions carefully before using our web site. By using this web site, you agree to be bound by these Terms of Use. If you do not agree to the terms and conditions contained in these Terms of Use, you may not access or otherwise use this web site. We may make changes to our web site, these terms and conditions, or the policies and conditions that govern the use of our web site at any time. We encourage you to review our web site and these terms periodically for any updates or changes. Your continued access or use of our web site shall be deemed your notification and acceptance of these changes.

THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE

Information on this web site is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not use the information on this web site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your health care provider.

COPYRIGHT AND TRADEMARKS

"EatHealthyYourWay," and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by the EatingWell Media Group.

Our web site and our e-bulletins contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. By posting on our Site via the Community Discussions you agree that we may use a single post without using your real name or any personally identifiable information in our promotion material at no charge to our site.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under the United States copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content on this web site and/or in our e-bulletins, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.

COMMERCIAL TRANSACTIONS

Certain products or Services may be offered for sale on EatingWell.com. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by EatingWell.com or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide EatingWell.com or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.

YOUR CONDUCT ON OUR WEB SITE

Any conduct by you on our web site that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our web site will not be permitted. You agree to use our web site only for lawful purposes. You are prohibited from posting on or transmitting through our web site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or derogatory remarks to another's faith or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You also agree not to use our Web Site to post petitions for any issue or cause or post an advertisement or solicitation of funds, goods or services.

You may not defame, libel or slander another person. Any verbiage that may be possibly construed to be defaming, libel or slanderous, at the sole discretion of the staff of EatingWell.com, will be removed from the Community boards.

You may not post a message impersonating another user, nor post any message that contains any personal information such as messages which identify phone numbers, social security numbers, account numbers, addressses or employer references or chain letters of any kind.

You agree not to access our web site by any means other than through the interface provided by us for use in accessing our web site. You understand that the robots.txt file is the only means by which robots are authorized to access our web site. You agree not to violate any of the robot access policies.

You hereby acknowledge that any violation of any of our policies may result in termination of your access to our web site, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or our web site, without prior notice.

USAGE OF OUR WEB SITE BY MINORS

Due to the nature of the internet, we cannot prohibit minors from visiting our web site. However, all purchases of goods or services on our web site must be made by adults 18 years of age or older, and all users who register with our web site must be 18 years of age or older or provide parental consent.

DISCLAIMERS

This web site is provided for your use on an "as is," "as available" basis. We, along with our affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, "associates"), do not make any representations or warranties of any kind, express or implied, with respect to our web site or its Content, including, without limitation, the products, services or information offered or sold on or through our web site or any other web site to which our web site links and the uninterrupted or error-free use of our web site. We expressly disclaim all such representations and warranties, including, without limitation, all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. Your use of this web site and any site linked to our web site is expressly at your own risk.

Further, we explicitly disclaim any responsibility for any product or service or the accuracy, content, or availability of information found on other web sites that contain links to or from our web site. Because some web sites employ automated search results or otherwise link you to web sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party web sites, and you hereby irrevocably waive any claim against us with respect to such web sites.

Price and availability information on our web site are subject to change without notice.

LIMITATION OF LIABILITY

Under no circumstances shall we or any other party involved in creating, producing, or distributing our web site be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) any delay, failure, interruption or corruption of our web site or any data or information transmitted in connection with the use of this web site. (ii) personal injury or death caused by your use or misuse of our web site, (iii) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our web site (iv) unauthorized access to or alteration of your transmissions or data, (v) statements or conduct of any third party on our web site, or (vi) any other matter relating to our web site. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through our web site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.

Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through our web site.

INDEMNITY

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, providers, merchants, sponsors, licensors and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys' fees) by you or any third-party resulting or arising, directly or indirectly, out of Content you submit, post to or transmit through our web site, your use of our web site, your connection to our web site, your violation of these Terms of Use, or your violation of any rights of another person.

PRIVACY

We respect your privacy in accordance with the terms of our Privacy Policy. We reserve the right to monitor our web site and to disclose any information recorded or posted on, submitted to, or transmitted through our web site to the extent that we, in our sole discretion, deem such disclosure necessary or appropriate to comply with any law, regulation, subpoena, or government request, to operate our web site, or to protect our rights or property or the rights or property of our users. In addition, we are committed to protecting the privacy of children. This web site is not intended or designed to attract children under the age of 13 (see Usage of our Web Site by Minors above).

APPLICABLE LAW; JURISDICTION AND VENUE

We control our web site from our offices within the United States. We make no representation that the Content on our web site is appropriate, legal or available for use in other locations. Those who choose to access our web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of United States export laws and regulations. Any claim relating to our web site, the services provided through our web site or the Content shall be governed by the internal laws of the state of Vermont, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Burlington, Vermont. TERMINATION These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease your use of our web site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of our web site with or without notice. You agree that any termination of your access to our web site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our web site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our web site.

ADVERTISING POLICY

We clearly identify those items which are advertisements separately from those items which contain editorial content.

GENERAL INFORMATION

These Terms of Use constitute the entire agreement between you and us and govern the use of our web site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our web site or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

COPYRIGHT NOTICE Copyright 2007 Eating Well, Inc., doing business as www.EatingWell.com. All rights reserved. Any rights not expressly granted herein are reserved.  These terms of service were last updated on September 10, 2007.

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