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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.
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