tweakeats

Terms of Service

Last updated on 7/1/2008

tweakeats.com is an Internet-based diet and nutrition service and is owned and operated by Freshly Grated Software (the "Company," "we," or "us"). By using and/or visiting this website (collectively, including all Content and Services available through the tweakeats.com domain name, the "Tweakeats Website" or "Website"), you signify your assent to both these terms and conditions (the "Terms of Service") and the terms and conditions of tweakeats's privacy notice, which is published at http://www.tweakeats.com/about/privacy/, and which is incorporated herin by reference. If you do not agree to any of these terms, then please do not use the Tweakeats Website.

These Terms of Service apply to all users of the Tweakeats Website, including users who are also contributors of text, image, audio, video or interactive content, information, and other materials or services on the Website. The Tweakeats Website may contain links to third party websites that are not owned or controlled by Freshly Grated Software. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Tweakeats Website and to read the terms and conditions and privacy policy of each other website that you visit.

This Agreement may be modified from time to time. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Agreement.

Medical information disclaimer

1. The Website is not a forum for the exchange of medical information, advice or the promotion of self-destructive behavior (e.g., eating disorders, suicide). While you may freely discuss your troubles, you should not look to the Website for information or advice on such topics. Instead, we recommend that you talk in person with a trusted adult that you know or a medical professional.

2. THIS SITE OFFERS HEALTH, FITNESS, AND NUTRITIONAL INFORMATION, AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. IT IS IN NO WAY INTENDED TO DIAGNOSE, CURE, OR TREAT ANY MEDICAL OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET OR FITNESS PROGRAM AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, FRESHLY GRATED SOFTWARE AND ITS THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THIS WEBSITE.

Website access

A. Freshly Grated Software hereby grants you permission to use the Website as set forth in this Terms of Service, provided that without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;

2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;

3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;

4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;

5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;

7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

8. Restrict or inhibit any other user from using and enjoying any public area within our sites;

9. Collect or store personal information about other end users;

10. Interfere with or disrupt our sites, servers, or networks;

11. Impersonate any person or entity, including, but not limited to, a Freshly Grated Software representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;

13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;

14. Engage in any illegal activities.

You will otherwise comply with the terms and conditions of these Terms of Service.

If you choose a screen name that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your screen name, delete your posts from our sites, deny you access to our sites, or any combination of these actions.

The technology and the software underlying our Website and the Services is the property of Freshly Grated Software, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorized use of your accounts. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of tweakeats or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the tweakeats servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, tweakeats grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

Disclaimer of warranties

The site is provided by Freshly Grated Software on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Freshly Grated Software makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise. Freshly Grated Software shall have no liability for any interruptions in the use of this Web site. Freshly Grated Software disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Limitation of liability

FRESHLY GRATED SOFTWARE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FRESHLY GRATED SOFTWARE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE JEWISH REVIEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE. YOU SPECIFICALLY ACKNOWLEDGE THAT FRESHLY GRATED SOFTWARE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Freshly Grated Software from its facilities in the United States of America. Freshly Grated Software makes no representations that the Freshly Grated Software Website is appropriate or available for use in other locations. Those who access or use the Freshly Grated Software Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to indemnify and hold Freshly Grated Software, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of these Terms of Service and/or arising from a breach of these Terms of Service and/or any breach of your representations and warranties set forth above and/or if any Content that you post on tweakeats.com or through the Services causes Us to be liable to another.

Modifications and interruption to service

Freshly Grated Software reserves the right to modify or discontinue the Service with or without notice to you. Freshly Grated Software shall not be liable to you or any third party should Freshly Grated Software exercise its right to modify or discontinue the Service. You acknowledge and accept that Freshly Grated Software does not guarantee continuous, uninterrupted or secure access to its Web site and operation of its Web site may be interfered with or adversely affected by numerous factors or circumstances outside of its control.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Freshly Grated Software without restriction.

Ability to accept these terms of service

You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, You affirm that You are over the age of 13.

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