Banta Diet Terms and Conditions
 
BANTA DIET DOES NOT PROVIDE MEDICAL OR HEALTHCARE ADVICE

Banta Diet ("we", "us", "bantadiet.com") is an educational and informational service to help you make informed decisions about your diet and health. The content, tools and services of Banta Diet are not intended to be a substitute for professional medical advice, diagnosis or treatment. Before undertaking any activity or adhering to any information or recommendation from Banta Diet, please consult your physician or healthcare provider.

By participating in Banta Diet program, you certify that you have received consent from your physician to participate in the programs, workouts, and exercises to be provided by Banta Diet.

You are using Banta Diet at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs.

Banta Diet service is subject to the terms and conditions of this Service Agreement ("Agreement"). This Agreement constitutes the entire agreement between you and Banta Diet. Banta Diet may revise and update this Agreement at any time. Your continued usage of Banta Diet will mean you accept those changes. You agree to periodically review this agreement, as it is updated on a regular basis. Banta Diet reserves the right to refuse or cancel your Banta Diet membership for any reason, including certain medical conditions.

You understand and agree that Banta Diet’s obligatory Minimum Membership Term is three months, during which you can not cancel your membership. Banta Diet’s membership is automatically charged for each month in advance. You are financially responsible for all monthly fees until notice of cancellation is received by Banta Diet. Banta Diet membership and individual consultaion fees or any portions thereof are not refundable under any circumstances.

Banta Diet individual consultation includes up to two hours of initial interview and consultation via email, plus up to one hour of consequent weekly email follow-up sessions, for a total of three hours of consulting. It is your sole responsibility to provide weekly feedback as requested by Banta Diet. Consultation fee must be paid in advance and is not refundable under any circumstances, including certain medical conditions.

You are responsible for providing a valid credit card number at the time you register for Banta Diet. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Banta Diet account at the prices then in effect, including any unauthorized charges incurred prior to your notifying Banta Diet of such charges. You agree that Banta Diet may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through BantaDiet.com All Banta Diet charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. Banta Diet reserves the right to modify or terminate membership plans, change prices, or institute new charges for any of the Banta Diet services at any time.

Cancellations become effective at the end of the month in which they occur. You may cancel your membership by sending a brief letter including reason for cancellation, your first and last name, user ID and email address. Cancellation notices must be sent via electronic mail with return receipt requested to banta@bantadiet.com. You will receive a letter of acknowledgment within 2 business days. If you have not heard from us within 2 business days, that means that we have not received your notice of cancellation.

Banta Diet authorizes you to view or download a copy of the material on Banta Diet solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2004, Banta Diet. All rights reserved" and other copyright and proprietary rights notices that are contained in the material. The Banta Diet material is protected by copyright under both United States and foreign laws. Title to the Banta Diet material remains with Banta Diet or its licensors. Any use of the Content not expressly permitted herein is a breach of this Agreement and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to Banta Diet and its licensors. If you violate any of this Agreement, your permission to use the Banta Diet materials automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.

Only Banta Diet members with a valid password are allowed access to membership area. You are responsible for taking all reasonable steps to protect your Banta Diet password and account against unauthorized access, and promptly notify Banta Diet if unauthorized use has occurred or is suspected. You grant Banta Diet and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Banta Diet. Banta Diet disclaims any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Banta Diet.

Banta Diet will ask you to provide information to us. The personal information that we may collect includes, but is not limited to, your first and last names, your email address , your credit card number, your telephone number, your weight, height and waist, and your eating, fitness and lifestyle preferences. We do not sell or share with third parties your personal information. Any other information, communications or materials you send to us will be considered non-confidential unless you clearly identify it otherwise.

You agree to grant to Banta Diet a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to us unless you specify otherwise.

You agree to use Banta Diet at your own risk. When using Banta Diet, information will be transmitted over a medium that may be beyond the control and jurisdiction of Banta Diet and its suppliers and licensors. Accordingly, Banta Diet assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of Banta Diet.

Banta Diet is provided on an "as is" basis. BANTA DIET, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Banta Diet, its licensors, and its suppliers make no representations or warranties about the following: a) the accuracy, reliability, completeness, or timeliness of Banta Diet or the materials, content, software, text, graphics, links, or communications provided on or through the use of Banta Diet or Banta Diet; b) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the materials and content contained within Banta Diet.

You hereby release and forever waive any and all claims you may have against Banta Diet, its officers, directors, employees, agents, consultants, information providers, licensors or suppliers for losses or damages you sustain in connection with your use of Banta Diet. Notwithstanding the foregoing, in no event shall Banta Diet, its licensors, its suppliers, or any third parties be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use Banta Diet, whether based on warranty, contract, tort, or any other legal theory, and whether or not Banta Diet is advised of the possibility of such damages. BANTA DIET SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE FEES PAID BY YOU FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.

You agree to defend, indemnify, and hold Banta Diet, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

Questions or comments regarding Banta Diet should be sent via electronic mail to banta@bantadiet.com.