Last Revised 12/07/2010
This User Agreement ("Agreement") governs your use of and participating in the EatingWell.com online service ("Service"), including without limitation bulletin boards, forums, “Menu Planner,” “My EatingWell,” and all other areas of the Service. The Service is provided by EatingWell, Inc. (“EatingWell”). Please read this Agreement carefully. You can get a copy of this Agreement any time at http://www.eatingwell.com/content/user_argeement. Your use of and/or registration on any aspect of the Service will constitute your agreement to comply with this Agreement. If you cannot or do not wish to comply with the Agreement, please do not use the Service. This Agreement may be modified from time to time; the date of the most recent revision will appear on this page. Continued access of the Service by you will constitute your acceptance of any revisions to the Agreement.
Your failure to comply with this Agreement or to comply with rules for particular portions of the Service that may be posted in connection with those portions could result in suspension or termination of your access to the Service, without notice, in addition to other remedies as provided by applicable law.
1. REGISTRATION INFORMATION: EatingWell may at times require that you register and/or set up an account to use certain portions of the Service, or the Service as a whole. In order to do so, you will be required to provide an email address and choose a password and/or User Id or other registration information (collectively, "Registration Information"). You may also be asked to provide additional information, including but not limited to your name, street address, phone number and email address. You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you agree to update it by editing your Registration profile on the Service.
2. USE OF USER ID/PASSWORD: You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information to gain access to the Service. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without permission. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the Service), you must promptly change the affected Registration Information and notify EatingWell of the problem by e-mailing us at email@example.com.
3. FEES AND PAYMENTS: EatingWell may charge you fees for products or services offered for sale through the Service, and/or for access to portions of the Service or the Service as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by EatingWell or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as "Fees"). EatingWell reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
If you submit your credit, debit or charge card information to EatingWell upon registration or otherwise, you give EatingWell permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to EatingWell for any reason, including charge back, EatingWell reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
4. USE OF THE SERVICE BY YOU: The Service is intended for your personal, noncommercial use only. Your use of the Service is in all respects subject to your acceptance of and compliance with the following rules, terms and conditions:
• The Service contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
• The Service is not intended for users under the age of 13, and EatingWell does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
• You agree not to use any obscene, indecent, or offensive language or to place on the Service any material that is defamatory, abusive, harassing, racist, or hateful. Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, or commercial offers, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
• You are responsible for ensuring that any material you provide to the Service or post on a bulletin board or forum or elsewhere, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. • The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Service, including without limitation, the "look and feel" of this website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of EatingWell or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
• You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, EatingWell or the Service.
• You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service.
• Other than connecting to EatingWell's servers by http requests using a Web browser, you may not attempt to gain access to EatingWell's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
• You acknowledge that EatingWell has not reviewed and does not endorse the content of all sites linked to or from this Service and is not responsible for the content or actions of any other sites linked to or from this Service. Your linking to any service or site is at your sole risk.
5. COMMENTS BY OTHERS ARE NOT ENDORSED BY EATINGWELL: EatingWell does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted by others on forums, blogs or otherwise contained in the Service. Nor does EatingWell or its third party service providers make any warranties with respect to any of the merchandise featured, mentioned, or sold on or through the Service. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements or those who actually sell any merchandise, and do not necessarily represent the views of EatingWell or its third party service providers.
7. COPYRIGHT COMPLAINTS: EatingWell respects the intellectual property of others, and we ask our users to do the same. EatingWell may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify EatingWell by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our Copyright Agent identified below:
• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EatingWell to locate the material;
• Information reasonably sufficient to permit EatingWell to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright Agent: EatingWell CFO, 120 Graham Way, Suite 100, Shelburne, VT 05482
Note: Only copyright complaints should be sent to agent. No other communications will be accepted or responded to.
8. MATERIALS POSTED BY OTHERS: You agree that EatingWell and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
9. INDEMNIFICATION: You agree to indemnify EatingWell and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.
10. EDITING AND DELETIONS: EatingWell reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Service or its bulletin boards, in its sole discretion, without notice.
11. ADDITIONAL RULES: EatingWell reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Service. Such additional rules will be posted in the relevant parts of the Service, and will be clearly identified. Your continued use of the Service constitutes your agreement to comply with these additional rules.
12. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND EATINGWELL, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. EATINGWELL, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
EATINGWELL, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE EATINGWELL, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
14. TERMINATION OF ACCESS TO THE SERVICE: EatingWell has the right to terminate and/or suspend your ability to access the Service or any portion thereof, for any or no reason, without notice.
15. JURISDICTION: EatingWell makes no representation that materials on the Service are appropriate, available or legal in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Vermont applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in Burlington, Vermont. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
• You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Mobile Service available. You shall provide all equipment and software necessary to connect to the Mobile Service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the Mobile Service.
• In the event that the Mobile Service provides communications by means of text messages, your carrier's standard messaging rates apply to all mobile text messages you initiate from our website to your cell phone. All charges are billed by and payable to your mobile service provider.
• In the event that you are requested to provide a cell phone number in connection with the Mobile Service, you agree that the cell phone number you enter in the Mobile Service is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity.
• You agree not to modify the format or branding of the content provided in the Mobile Service ("Content"), or to add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by us, our affiliates or licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content or the Mobile Service except as expressly provided for in this Agreement.
• We provide the Mobile Service "as is" and shall not be held liable for your use of the information, content, or material contained therein. We will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE MOBILE SERVICE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
If you don't agree to the terms contained in this Agreement, please exit the Service. Please click the Back button on your browser to return to the previous page.