Track Your Calories, Exercise, and Weight

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Terms of Usage
Effective Date: March 28, 2009

CALORIELINE.COM TERMS OF USE

YOU MUST NOT USE THE SERVICES PROVIDED BY CALORIELINE.COM UNLESS YOU AGREE TO ALL OF THESE TERMS OF USE

1. ACCEPTANCE OF TERMS

A. The services that Calorie Line LLC ("Calorie Line") provides to your on our website CalorieLine.com ("Site") are subject to the following Terms of Use ("Terms"). Calorie Line reserves the right to update the Terms at any time without notice to you. The most current version of the Terms can be found and reviewed by clicking on the "Terms of Use" link located at the bottom of the pages on the Site.

B. You must read these Calorie Line Terms carefully, and you must agree to these Terms, including the PRIVACY STATEMENT, before logging into or using the Site. These Terms are a binding contract between Calorie Line and you. By using the services on the CalorieLine.com website you signify your agreement to these Terms, and you signify your agreement to our PRIVACY STATEMENT.

C. None of the content on this Site nor any of its services should be used or construed as medical advice, diagnosis, or treatment; or as a substitute for medical advice, diagnosis, or treatment. (see MEDICAL DISCLAIMER)

2. DESCRIPTION OF SERVICES

CalorieLine.com provides tools for tracking and graphing what you eat, the exercise that you get, and how much you weight. All services provided on the Site, including new features, enhancements, and updates, are subject to the Terms.

3. PERSONAL USE

Unless stated otherwise, all services provided on this site are for your personal non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or sell any information, software, products or services obtained from the Site.

4. MODIFICATIONS; AMENDMENT OF TERMS; TERMINATION OF SERVICE

A. Calorie Line reserves the right, at any time and without notice, and at our sole discretion, to:

  1. Modify any content on the site, including but not limited to user generated content.
  2. Modify, suspend or terminate services to any user.
  3. Block access to the Site or to your account, if we believe you have engaged in activities that may harm the reputation, rights, or property of Calorie Line LLC, or if compelled to do so by government agencies, or if your account is inactive for an extended period of time
  4. Remove all data in any account terminated in accordance with the these Terms.
  5. Remove any content from the Site, including but not limited to content created or provided by you, including removal of content we believe to be obscene, excessively violent, or otherwise objectionable
  6. Amend these Terms by posting the amended terms on this Site, including the PRIVACY STATEMENT. The PRIVACY STATEMENT is incorporated into and is a part of these Terms. We will attempt to notify you via email of any modifications or amendments to the Terms. However we cannot promise success due to the intrinsic characteristics of e-mail. For more information about terms pertaining to e-mail delivery please see the DELIVERY OF E-MAIL disclaimer.

B. You are encouraged under these Terms to review these Terms once every 30 days, or more frequently then once every 30 days.

C. You agree that by using the Site after we post any changes to the Terms, to accept those changes, whether or not you have reviewed them.

D. Calorie Line will provide notice of termination of cancellation on our website, and will attempt to notify you via e-mail subject to caveats listed in the section DELIVERY OF E-MAIL

E. You agree that Calorie Line shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, our Websites.

5. MINIMUM AGE REQUIREMENT

A. You must be at least 16 in order to use the Site.

B. All individuals who are under the age of 16 or the legal age to form a binding contract in their jurisdiction ("Minors") may not use the Website. If we learn that any individual under the age of 16 is using the Site without the consent of a parent or guardian, we will delete that user's information as soon as we can reasonably do so.

6. INDEMNITY

A. You agree to indemnify, hold harmless, and, at our option, to defend Calorie Line LLC and its directors, officers, employees, stockholders, agents and representatives, and its affiliates and their officers, employees, stockholders, agents, and representatives harmless from claim or demand arising from your improper use of this Site or our products and offerings, or arising from your violation of these Terms

B. You agree to indemnify, hold harmless, and, at our option, to defend any subsidiary of, or affiliate of, Calorie Line LLC and its directors, officers, employees, stockholders, agents and representatives, and its affiliates and their officers, employees, stockholders, agents, and representatives harmless from claim or demand arising from third party claim or demand arising from use by any other user of your account, or arising from your violation of these Terms

7. CONTENT PROVIDED VIA LINKS TO OTHER WEB SITES; AFFILIATES; LINKS TO THIRD PARTY SITES

A. Many of the links on the Site let you leave Calorie Line's Site, both from Site content and from advertisements and promotions displayed on the site. Use of the links on the Site do not constitute an endorsement by Calorie Line. The linked sites are not under the control of Calorie Line and Calorie Line is not responsible for their contents of for any link contained on their site. Calorie Line is not responsible to any changes linked sites may make to their site. You will not hold Calorie Line responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

8. RULES FOR REGISTERED MEMBERS; CONDUCT FOR REGISTERED MEMBERS; OBLIGATIONS OF REGISTERED MEMBERS

A. You agree not to use the website in order to:

  1. transmit unsolicited communications.
  2. misrepresent your identity or affiliation with any person or entity.
  3. engage in any activity that violates any applicable local, state, national, or international law.
  4. engage in any activity that violates any applicable local, state, national, or international law.
  5. collect data about other users without the written consent of Calorie Line.

B. You are responsible for

  1. maintaining the confidentiality of your user name and password.
  2. updating your email address on record in prompt fashion should your email change.
  3. providing accurate, current, and complete information when prompted by for registration information on the Site.

9. DELIVERY OF E-MAIL

You are obligated under these Terms to ensure the email you have on file with Calorie Line is current.

Calorie Line will attempt to deliver e-mail that to the address you provide in the event of termination or amendments to your account. However, due to inherent limitations of e-mail technology Calorie Line cannot guarantee delivery of such e-mail.

10. INTELLECTUAL PROPERTY RIGHTS; PROTECTION OF CONTENT

A. Calorie Line grants you a limited, revocable, non-transferable, non-exclusive license, to use and display any and all text, images, video, audio, and other media content on CalorieLine.com (collectively, "Content") for your personal, noncommercial purposes.

B. You agree not to create derivative works of the Content, in whole or in part, by any means, without the express consent of Calorie Line. You agree not distribute, sublicense, or publish any of the Content, except in a manner consistent with fair use and copyright law, without express consent of Calorie Line. All of the Content on is available exclusively for personal, noncommercial purposes.

C. Calorie Line reserves all rights to the Content except as noted below in the Fair Use Policy.

D. Calorie Line makes no representations or warranties about the accuracy, reliability, or timeliness of the Content.

12. DISCLAIMER OF WARRANTIES

A. Medical Disclaimer. Calorie Line does not provide medical advice through its website CalorieLine.com or through any other medium. The service is here as a convenience to educate consumers on subjects relevant to their caloric intake, exercise, and weight. CalorieLine.com does not nor should it be interpreted as engaged in the practice of medical or other health care advice. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER when you have questions regarding your health. Under no circumstance should you avoid or delay seeking the advice of a physician because of something you saw, heard, or read on CalorieLine.com. If you believe you may have a medical problem, seek the advice of a physician.

B. Calorie Line makes no representations or warranties about the satisfaction of any laws requiring disclosure of information on health-related products and services including but not limited to prescription drugs.

C. The Site and all of its Content is provided on an "As Is", "AS AVAILABLE" AND "WITH ALL FAULTS" basis. Calorie Line disclaims all warranties, express or implied, to the maximum extent permitted by law. Calorie Line disclaims all representations or guarantees as to the truth, accuracy or quality of the Site or its Content to the maximum extent permitted by law. Calorie Line cannot warrant that the information or services on the Site be without delays, outages, omissions, errors, mistakes, or inaccuracies. Calorie Line does not make claims or representations for the guarantee against loss of data, including user data, and users are solely responsible for maintaining a copy of their data external to the Site.

D. Your use of the Site is voluntary and at your sole risk. Your use of any product or material downloaded from the Site is at your sole risk, and you will be solely responsible for any damage caused by your use of the site to yourself, your computer equipment or other possessions, or to others by any misrepresentation of information on or about the Site or its services. Calorie Line does not endorse any commercial diet regimen or program. Calorie Line does not endorse any product, program, or specific physician. Adherence to any advice garnered through the Site, or via Links provided on the Site, or via Calorie Line employees, is at solely at your own risk.

E. Calorie Line cannot guarantee that the technology used to create and run the site is free of computer or software viruses or malware.

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, CALORIE LINE IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THE CALORIELINE.COM SITE AND ITS SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY OTHER MONETARY DAMAGES INCLUDING LOST REVENUE OR PROFITS, LOST GOODWILL OR OTHER INTANGIBLE LOSSES, OR 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 WEBSITE, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, REGARDLESS OF HOW THOSE DAMAGES MAY ARISE, EVEN IN THE EVENT OF FAULT, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE), EVEN IF CALORIE LINE COULD HAVE REASONABLY FORESEEN SUCH DAMAGES OR THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM USE OR THE INABILITY TO USE OR TO ACCESS CALORIELINE.COM OR ITS SERVICES OR ANY WEBSITES LINKED TO BY CALORIELINE.COM, OR IN THE EVENT OF LOST DATA, OR PERSONAL OR FINANCIAL DAMAGES OR DAMAGES TO PRODUCTS AND EQUIPEMENT RESULTING FROM INFORMATION OR ADVICE RECEIVED ON THE SITE. IF YOU ARE DISSATISFIED WITH THE CALORIELINE.COM SITE OR ITS SERVICES, OR WITH THESE TERMS OF USE, YOUR SOLE REMEDY IS TO STOP USING THE SITE.

15. GENERAL TERMS

A. Customer Support. You agree that Calorie Line is under no obligation to provide Customer support.

B. If any condition or provision of the Terms is deemed unlawful, the that condition or provision shall have no affect on interpreting the rest of the terms and provisions or whether they are valid.

C. These Terms of Use, along with any subscription agreement into which you enter with Calorie Line, represent the entire agreement between you and Calorie Line. These Terms of Use will inure to our successors. The failure of either party to insist upon a strict execution of these Terms or any condition or provision therein will not be construed as a waiver of right to assert or rely upon the conditions and provisions enumerated in the Terms.

D. Any and all communications with you electronically if Calorie Line should choose to do so.

E. These Terms are between you and Calorie Line, and these Terms are non-transferable. You may not transfer these terms to another party without permission from Calorie Line.

F. Jurisdiction. We are based in the United States of America. If you access CalorieLine.com from locations outside of The U.S. then you are responsible for compliance with U.S. law. You agree that in any dispute or action between you and Calorie Line, both parties will submit to the exclusive jurisdiction and venue of the state and federal courts located within New York City, New York.






CALORIELINE.COM PRIVACY STATEMENT

THIS PRIVACY STATEMENT IS INCORPORATED INTO AND A PART OF THE TERMS OF USE FOR CALORIELINE.COM AND ALL OF THE SERVICES PROVIDED BY CALORIE LINE LLC.

1. Beta Period Privacy Statement

CALORIE LINE MAKES ABSOLUTELY NO GUARANTEES OF YOUR PRIVACY TO THE FULL EXTENT THAT IS PERMITTED BY LAW.

Calorie Line will prepare a successor to this Privacy Statement. However, we will continue to use the this policy, which limits our liability with regards to user privacy, to the maximum extent allowable by law, until we are ready to exit our period of testing and refinement (the "Beta Period"). Until such time that a successor Privacy Statement is published on CalorieLine.com, we are compelled to use terms that put the absolute minimum constraints and obligations on Calorie Line in protecting your privacy.

You will be notified when this Privacy Statement or any TERMS OF USE have been amended or repealed or in any way updated, subject to the provisions outlined in the TERMS OF USE regarding electronic communications and the DELIVERY OF E-MAIL.