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Terms of Use

Contents:
1.   Acceptance of Terms
2.   Description of Service
3.   Member Account and Security
4.   Registration
5.   User Content
6.   Advertisements and Promotions
7.   User Conduct
8.   Privacy
9.   On-line Forums, Private, and Instant Messaging Systems
10. Links to Third Party Sites
11. Modifications
12. Termination
13. Disclaimer of Warranties
14. Limitation of Liability
15. Indemnity
16. General Terms
17. Special Admonitions for International Use

1. ACCEPTANCE OF TERMS
The Nutridiary services (the "Services") are provided by Nutridiary ("Nutridiary") to you ("You") under the terms and conditions of this Terms of Use Agreement (this "Agreement"). This Agreement includes Nutridiary's Privacy Policy, which is available at the Nutridiary Web site located at http://www.nutridiary.com/gethelp.asp?t=privacypolicy.xml and is incorporated herein by reference, and governs your use of Nutridiary's Web site as well as the Services. BY USING NUTRIDIARY'S WEB SITE, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE EIGHTEEN YEARS OF AGE OR OLDER AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMER AND LIMITATION OF LIABILITY SET FORTH IN SECTIONS 13 AND 14 BELOW.

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2. DESCRIPTION OF SERVICE
Nutridiary currently provides users with access to a nutrition analysis and weight management software application ("Application") published over the World Wide Web, and a collection of other web services, including, on-line forums, private, and instant messaging systems. Using Nutridiary's software Application, the user ("User") is able to store personal information to his account ("Content"). Upload and submission of Content can be elected by the User manually. A user can navigate to his Content through the Nutridiary service. Nutridiary saves, and then automatically files the Content. Nutridiary provides a User access to User's stored Content from any Internet connection. Nutridiary provides tools to allow a User to manage the Content he has submitted.

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3. MEMBER ACCOUNT AND SECURITY
For Services that store Content, the user has the choice of using the Services after completing the registration process ("Registered User") or without registering ("Guest User").
(i) REGISTERED USERS: During the registration process, You must select a Password and User Name. Nutridiary will notify You if your User Name is already in use by another subscriber. You agree to carefully safeguard Your Password, User Name, and account and You agree that You shall at all times remain solely responsible for maintaining and protecting the confidentiality of your Password and account information and You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify Nutridiary if at any time Your Password, User Name, or account is, or You believe it has been, lost, stolen, disclosed, or otherwise compromised and Nutridiary may direct You to a secure part of the Web site so that you can create a new Password. You will still be able to access Your previous account information and Content. If you elect to replace your account by the means of deleting your current account and creating a new account, You shall be unable to access Your previous account information.
(ii) GUEST USERS: There is no protection of Your account information. Anyone who has access to your computer will be able to access Your Nutridiary account. Also, due to the fact that when You use the Service as a Guest User You are identified by means which are related only to your Internet browser ("Cookie"), Your identification will last only as long as your browser's Cookie file is maintained. If You switch to a new computer, or change or upgrade your browser, or clean out your computer's Cookie file, Your account information will be lost.

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4. REGISTRATION
As part of the registration process for the Services, You agree to: (i) provide certain limited information about You as prompted to do so by the Service (such information to be current, complete and accurate) and (ii) maintain and update this information as required to keep it current, complete and accurate. The information requested on original sign up shall be referred to as account data ("Account Data"). Nutridiary reserves the right to refuse the Service to any user.

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5. USER CONTENT
You understand and agree that the Content of all users, including Your Content will be collected, aggregated and anonymously integrated into the Service by Nutridiary for the purpose of providing such information to other Nutridiary users and for other purposes, including, without limitation, statistical and analysis purposes, and provision of services which Nutridiary or its partners believe will be beneficial to the User. This use of Your Content will not be traceable to You as a specific user. If Nutridiary desires to use Your Content in a way that would personally identify You, Nutridiary will contact You and will only make such use with Your prior written consent.

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6. ADVERTISEMENTS AND PROMOTIONS
(i) Any dealings with advertisers on the Service or participation in promotions, including the delivery and the payment for goods or services and any other terms, conditions, warranties or representations associated with such dealings or promotions are solely between You and the advertiser or third party. Nutridiary shall have no responsibility or liability to You for any such dealings or promotions.
(ii) You understand and agree that unless expressly stated, Nutridiary in no way reviews, controls, examines, verifies or endorses any of the information contained on or in the Services, including links, Internet Web sites, advertisements, products, goods, services or promotions.

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7. USER CONDUCT
Your right to use the Service is personal to You. You may be either an individual or a corporation or business entity, but You agree not to resell the use of the Service without the express written consent of Nutridiary. You are solely responsible for the content of Your transmissions through the Service. Nutridiary does, however, reserve the right to take any action with respect to the Services that Nutridiary deems necessary or appropriate in Nutridiary's sole discretion if Nutridiary believes You or Your transmissions or use of the Services may violate the rights of others, these rules or any applicable laws. Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (i) to comply with all laws, rules and other regulations applicable in connection with the Service; (ii) not to interfere or disrupt networks connected to the Service; (iii) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) not to use or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature and (v) You will not interfere with another users use and enjoyment of the Service.

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8. PRIVACY
Nutridiary does not make use of your personally identifiable information such as your email address. By accepting the terms of this Agreement, You expressly consent to disclosure of Your anonymous personal information individually or on an aggregated basis to third parties for reporting and other purposes, including, without limitation, statistical and analysis purposes, and provision of services, which Nutridiary or its partners believe will be beneficial to the User. Further, Nutridiary can (and You hereby authorize Nutridiary to) disclose Account Data or any information about You to law enforcement or other government officials as Nutridiary, in its sole discretion, believes necessary or appropriate. Therefore, Nutridiary does not promise, and You should not expect, that personally identifiable information or private communications would always remain private. More information on Nutridiary's current privacy policy can be found at http://www.nutridiary.com/gethelp.asp?t=privacypolicy.xml.

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9. ON-LINE FORUMS, PRIVATE, AND INSTANT MESSAGING SYSTEMS
Nutridiary will not review all communications or materials posted on its on-line forums, private, and instant messaging systems, and is not responsible in any manner for the content of posted communications or materials. Nutridiary will review, investigate and monitor communications in response to a verified complaint. You may not post or transmit any communications or materials, and Nutridiary has the right to block or delete any communications or materials, on Nutridiary's on-line forums, private, or instant messaging systems that may: (i) be libelous, defamatory, indecent, obscene, or pornographic, offensive, harmful, threatening, harassing, abusive, hateful, fraudulent, deceptive, or misleading, or constitute stalking, or disclose private or personal information about another person; (ii) violate the privacy or property rights of others, including any unauthorized copyrighted communications or materials, trade secrets, protected intellectual property rights, or other confidential or trademarked proprietary information; (iii) interfere with the viewing or use by others of Nutridiary's on-line forums, private, or instant messaging systems, use simultaneous, unattended or continuous connections to Nutridiary, or post or transmit any file containing any viruses or any contaminating or destructive code or features; (iv) constitute requests for charity, petitions for signatures, chain letters, or communications or materials for any pyramid schemes, advertising, solicitations, or promotional communications or materials of any kind, or be used to harvest or collect information about other users of the on-line forums, private, and instant messaging systems of Nutridiary; or (v) be deemed unacceptable for any reason by Nutridiary.
Nutridiary may take steps as it deems necessary to investigate any violation of this Agreement, including the recording of any communications or materials in its on-line forums, private, and instant messaging systems.

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10. LINKS TO THIRD PARTY SITES
Any links included within the Service may permit You to leave the Nutridiary Web site. These linked sites are not under the control of Nutridiary and Nutridiary shall not be responsible for the contents of any linked site or any link contained in a linked site. All such sites shall be subject to the policies and procedures of the owner of such site. Nutridiary is not responsible and shall have no liability for webcasting, or any other form of transmission received from any linked site. Nutridiary is providing these links to You as a convenience.

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11. MODIFICATIONS
Nutridiary may amend this Agreement at any time by (i) posting a revised Nutridiary Terms of Use document on the Nutridiary Web site, and/or (ii) posting information regarding the amendment on our News Forum. You are responsible for regularly reviewing the Nutridiary Web site to obtain timely notice of such amendments. Any continued use of the Service by You after such amended terms have been posted shall be deemed your consent and agreement to such amended terms. Furthermore, Nutridiary reserves the right, at any time and for any or no reason, to limit, deny, modify or discontinue the Service with or without notice to You. Nutridiary shall not be liable to You or any third party should Nutridiary exercise its right to modify or discontinue the Service.

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12. TERMINATION
Nutridiary may immediately terminate Your membership and right to use the Service if (i) You breach this Agreement, (ii) Nutridiary is unable to verify or authenticate any information You provide to Nutridiary, (iii) such information is inaccurate, or (iv) Nutridiary decides, in its sole discretion, to discontinue offering the Service. Nutridiary shall not be liable to You or any third party for termination of the Service. You may terminate the Service with or without cause at any time, effective immediately by requesting closure of Your account. Should You object to any terms and conditions of this Agreement or any subsequent modifications hereto, or if You become dissatisfied with the Service in any way, Your sole recourse is to immediately: (i) discontinue use of the Service; and (ii) notify Nutridiary of Your termination. Upon termination of the Service, Your right to use the Service immediately ceases.

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13. DISCLAIMER OF WARRANTIES
I. NUTRIDIARY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER NUTRIDIARY MAKES ANY WARRANTY THAT THE SERVICES AND/OR ANY INFORMATION PROVIDED BY OR THROUGH NUTRIDIARY WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NUTRIDIARY MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
II. NUTRIDIARY IS A NUTRITION ANALYSIS WEB APPLICATION AND IS INTENDED ONLY TO ASSIST USERS TO MONITOR THEIR PERSONAL NUTRITION. NUTRIDIARY NEITHER GIVES NUTRITIONAL, HEALTH OR MEDICAL ADVICE, NOR ADVOCATES THE PURCHASE OF ANY FOOD OR OTHER PRODUCT. NOTHING CONTAINED IN NUTRIDIARY SHOULD BE CONSTRUED AS SUCH ADVICE. THE INFORMATION AND REPORTS GENERATED BY NUTRIDIARY SHOULD NOT BE INTERPRETED AS A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT. USERS ARE URGED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN BEFORE BEGINNING ANY DIET OR REGIMEN OF DIET MANAGEMENT. NUTRIDIARY IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS. NUTRIDIARY IS NOT INTENDED FOR USE BY MINORS, PREGNANT WOMEN, OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION. SUCH INDIVIDUALS ARE SPECIFICALLY WARNED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY FORM OF DIET OR HEALTH TREATMENT.
III. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY CONTENT YOU DOWNLOAD FROM THE NUTRIDIARY SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES AND/OR CONTENT. THE SERVICES AND/OR ANY CONTENT YOU DOWNLOAD FROM THE NUTRIDIARY SITE ARE PROVIDED ON AN "AS IS" BASIS.

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14. LIMITATION OF LIABILITY
IN NO EVENT SHALL NUTRIDIARY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, AND/OR ANY INFORMATION PROVIDED BY OR THROUGH NUTRIDIARY, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY OR WRONGFUL DEATH, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF NUTRIDIARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER NUTRIDIARY SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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15. INDEMNITY
You hereby agree, at Your expense, to indemnify, defend and hold Nutridiary harmless from and against any loss, cost, damages, liability, expense, arising out of or relating to (i) a third-party claim, action or allegation of infringement based on information, data, Content or other content submitted by You, (ii) any fraud or manipulation, or other breach of this Agreement, by You, or (iii) any third-party claim, action or allegation brought against Nutridiary arising out of Your use of the Software or Services.

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16. GENERAL TERMS
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Nutridiary's failure to act with respect to a breach by You does not waive Nutridiary's right to act with respect to subsequent or similar breaches. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. Nutridiary shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Nutridiary's reasonable control.

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17. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Because of the global nature of the Internet, you agree to comply with all local rules regarding User conduct on the Internet and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

You understand and agree that You are solely responsible for reviewing the terms of this Agreement from time to time.

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Nutridiary is intended only to assist users to monitor their personal nutrition. Nutridiary does not give nutritional, health or medical advice. The information and reports generated by Nutridiary should not be interpreted as a substitute for physician consultation, evaluation, or treatment. Users are urged and advised to consult a physician before beginning a diet management and/or exercise regime. Nutridiary is intended for use by healthy individuals 18 years of age and older. Nutridiary is not intended for use by minors, pregnant women, or individuals with any type of health condition.
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