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Terms & Conditions

The following terms and conditions ("Agreement") govern the use of the MyFoodDiary.com Web site ("Site"). By accessing, browsing, or using this Site, you acknowledge that you have read, understand, and agree to be bound by these terms.  If you do not agree to these terms, please do not use this Site.  If you have any questions or concerns about this agreement, please contact us using our contact form.


General

We may from time to time change the terms and conditions that govern your use of our Site.  Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms and conditions changed. We may change, move or delete portions of, or may add to our Site from time to time.

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Site Contents

Unless otherwise noted, all materials, including images, graphics, illustrations, design, icons, photographs, data (including member data), text and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, and/or other intellectual properties owned, controlled or licensed to or by MyFoodDiary.com.  This site as a whole is protected by copyright and trademark, all worldwide rights, titles and interest in and to which are owned by MyFoodDiary.com.  This Site and its Contents are controlled and operated by MyFoodDiary.com from its offices in Lexington, Kentucky.

MyFoodDiary.com grants you a limited license to access and make personal use of this site.  You may not download (other than page caching) or modify any portion of our site, except with express written consent of MyFoodDiary.com.  You may not use any part of this site for commercial or resale use; this includes, but is not limited to, logos, images, text, and data.  You may not use data mining, robots, or similar data gathering and extraction tools.  The contents of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MyFoodDiary.com.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MyFoodDiary.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing MyFoodDiary.com's name or trademarks without the express written consent of MyFoodDiary.com.  Any unauthorized use terminates the permission or license granted by MyFoodDiary.com.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MyFoodDiary.com so long as the link does not portray MyFoodDiary.com or its products and services in a false, misleading, derogatory, or otherwise offensive matter.  You may not use any MyFoodDiary.com logo or other proprietary graphic or trademark as part of the link without express written permission.  You may not publish (either electronically or otherwise) the comments posted by our members within our discussion forum.  These comments are considered Contents of the Site and are subject to the same limited license and restrictions as the rest of MyFoodDiary.com.

Please note that the permission granted herein terminates automatically if you breach any of these terms and conditions.  Any other use of the Contents on this Site including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of MyFoodDiary.com, is strictly prohibited.

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Medical Advice

The contents of this site do not constitute medical advice.  If you are seeking medical advice, please consult a medical professional.

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Medical Conditions

If you have a medical condition including, but not limited to, diabetes, high blood pressure, cancer, pregnancy, and heart disorders, you must get a physician's approval prior to using our site.

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Eating Disorders

If you suffer from anorexia nervosa, bulimia or related eating disorders, you are expressly forbidden from using our site.

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Payment

MyFoodDiary.com charges a monthly fee that is automatically charged to the credit card on record.  Upon joining, all members are required to click a check box agreeing to the following statement: "I understand that I will not be billed until the 7-day free trial ends.  After my free trial, I will be charged $9 per month. I can cancel at any time."  Since the monthly fee is automatically withdrawn, MyFoodDiary.com strongly recommends that members use credit cards that are not approaching their credit limit and are not tied to a checking account.  Using such cards can increase the risk of incurring overdraft penalties.  MyFoodDiary.com is not responsible for bank fees or penalties.

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Free Trial Offer

MyFoodDiary.com offers a 7-day free trial.  This offer is limited to one use per household per 6 months.  You will not be billed until your free trial is over.  After the free trial, you will be billed $9 monthly until you cancel your account, which can be done at any time.

If you or someone in your household has already taken advantage of the free trial offer in the past 6 months, you will be billed on the date that you join.  You will continue to be billed monthly until you cancel your account.

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Membership Cancellation

Members can cancel their accounts at any time.  There is no minimum commitment.  The cancellation form is found on the My Account page in the member section of this site.  Cancellation will take effect immediately upon submitting the cancellation form.  An email confirming cancellation will be sent to the email address on record.

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Errors & Omissions

MyFoodDiary.com makes every reasonable effort to ensure that our data and analyses are correct.  However, given the vast quantity of data and the complexity of our system, errors & omissions will occur.  MyFoodDiary.com is not responsible for errors & omissions.  If you have located an error or omission, please notify us.


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Pricing

In the event that a product or service is listed at an incorrect price due to typographical error or error in pricing information received from others, MyFoodDiary.com shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price.


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Disclaimer of Warranty

This site and its contents are provided on an "AS IS" basis without representations or warranties of any kind, either expressed or implied, including, without limitation, warranties or conditions of title or implied warranties of merchantability or fitness for a particular purpose, and non-infringement.  Although we believe the content to be accurate, complete, and current, MyFoodDiary.com does not represent or warrant that the information on this site is accurate, complete, or current.  Price and availability are subject to change without notice.

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Disclaimer of Liability

In no event shall MyFoodDiary.com be liable for special, indirect, exemplary, or consequential damages or any damages whatsoever, including, but not limited to, loss of use, bodily injury, loss of data, or loss of profits, without regard to the form of any action, including, but not limited to, contract, negligence, or other tortious actions, all arising out of or in connection with the use, copying, or display of the contents of this site.

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Children

We have no intention of collecting personal information from individuals under the age of 18.  If you are a child under the age of 18, please do not submit personal information without the consent of your parent or guardian.

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Discussion Forum

By participating in the Discussion Forum, you recognize that all posts contained therein reflect the opinion of each post's author and do not constitute medical advice.  If you have important medical questions, you should consult your family physician.

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Linked Sites

This site may contain links to other web sites ("Linked Sites").  MyFoodDiary.com does not operate or control any information, products or services on the Linked Sites, and neither endorses nor approves any products or information offered at Linked Sites.  Linked Sites are used at your own risk.

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Termination

This Agreement is effective unless and until terminated by MyFoodDiary.com.  MyFoodDiary.com may terminate this Agreement at any time without notice to you, and accordingly deny you access to the Site in our sole discretion if you fail to comply with the Agreement.  Upon any termination of this Agreement by MyFoodDiary.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials. In addition, by providing material on our Site, MyFoodDiary.com does not in any way promise that the materials will remain available to you. MyFoodDiary.com may terminate all or part of its Site at any time without notice to you.

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Remainder of Agreement

You agree that in the event any portion of these Site terms of use is found to be unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect.

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Modification

MyFoodDiary.com may modify these terms by updating this posting.  By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current terms of use to which you are bound.

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Jurisdiction and Venue

This Agreement is governed by and shall be construed in accordance with the laws of the Commonwealth of Kentucky without giving effect to any principles of conflicts of law.  You agree to bring any claims arising under this Agreement exclusively in the federal courts of the Commonwealth of Kentucky.
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