Terms of Service

This website and any other URLs and websites administered by Best Diet Tips and its affiliates, including any applications available therefrom (collectively, the “Website”) are offered by Best Diet Tips and its affiliates (collectively, “Best Diet Tips” or “we” or “us”) to you, the user, subject to your acceptance of all the terms and conditions set forth below (“Terms of Use”). The terms “you” and “user” refers to all individuals and entities that access the Website.

By your affirmative actions of registering for and/or using the Website, you signify your agreement to these Terms of Use, to our Privacy Policy (available here) and your agreement to communicate with us electronically. If you do not agree to all of these terms and conditions, do not register for or use this Website.

Medical Disclaimer

Any application of the recommendations set forth in this website or in personal consultation by phone, email, in-person, or otherwise, is at the reader's discretion and sole risk. The information offered is intended for people in good health. Anyone with medical problems of any nature should see a doctor before starting a diet or exercise program. Even if you have no known health problems, it is advisable to consult your doctor/s before making major changes in your lifestyle.

Personal Disclaimer

We are not doctors, nor do we possess a degree in nutrition. The advice we give is based on years of practical application, dealing with the needs of our own health and physiques as well as the needs of others. Any recommendations we may make to you regarding diet, including, supplements and herbal or nutritional treatments must be discussed between you and your doctor/s.

Privacy Policy

At Best Diet Tips, we respect your privacy and believe you should be informed about how we collect, use and disclose your personal information. Please read our privacy policy (“Privacy Policy”) before using the Website.

Modifications to the Terms and Conditions of Use

We may make changes to the Terms and Conditions of Use  from time to time. A link to the most current Terms and Conditions will be available on the Best Diet Tips home page. In the event of significant changes to the Terms and Conditions, we may also place a special notice on the Website or communicate the changes by email. Your continued use of the Website following the posting of such changes constitutes your acceptance of any such changes. If you do not agree with these Terms and Conditions of Use, or any revised versions thereof, you may not use the Website.

Age and Eligibility

In order to use the Website you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Website. Accordingly, if you are a Minor, please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a Minor, please contact us at support@bestdiettips.com. You represent that the information that you provide about yourself (including your age) as requested in any account registration form (the “Registration Data”) is accurate and complete.

The Website should not be used by people who have Type 1 diabetes or other adverse medical or nutritional condition. See “Precautions,” below.

Agency

You represent that you are using the Website for its intended purpose. If you are registering or using the Website on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.

Precautions

Content found on the Website is for informational purposes only and is not intended to replace the relationship with your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. Best Diet Tips requires that you consult with your physician before following any training instructions you receive through the Website or participating in any event announced on the Website. Not all exercises or activities described on the Website are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. The Website should not be used by people who have Type 1 diabetes or other adverse medical or nutritional conditions. By using the Website, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises described on the Website.

We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Website. If you engage in any exercise program you receive through the Website you agree that you do so at your own risk and are voluntarily participating in these activities.

Information on the Website

We try to provide helpful and accurate information on the Website, but we cannot verify, endorse or vouch for the information, services or recommendations available through the Website. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Website. Reliance on any information provided by Best Diet Tips, Best Diet Tips employees, or others appearing on the Website by invitation or as visitors is solely at your own risk.

User-Generated Content

Subject to terms set forth in the Privacy Policy with respect to Private User Generated Content and Public User Generated Content, you hereby grant to Best Diet Tips a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Website (collectively, “User Generated Content”) in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format (the “User Generated Content License”). “User Generated Content” includes but is not limited to content posted on message board posts, Best Diet Tips posts and blogs, Best Diet Tips polls, Success Stories, recipe submissions and user comments. Subject to the terms and conditions set forth in the Privacy Policy with respect to Private User Generated Content and Public User Generated Content, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Best Diet Tips use of the User Generated Content or require your permission for Best Diet Tips to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Best Diet Tips or its sublicensees relating to Best Diet Tips or its sublicensees’ use of the User Generated Content that is in accordance with the terms and conditions set forth in this Terms of Use and the Privacy Policy, and you hereby release Best Diet Tips and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party’s rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.

Registration and Password

You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. You grant Best Diet Tips the right to use your information in connection with the operation of the Website. Best Diet Tips cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information submitted.

You represent that the information that you provide about yourself as requested in the Best Diet Tips account registration form (the “Registration Data”) is accurate and complete, and you agree to update your account information, as necessary, including providing Best Diet Tips with your current email address, so that you may receive notifications and other account-related communications.

Ownership of the Website

Except for the User Generated Content, the Website and all aspects thereof, including all content and applications available via the Website, and all copyrights, trademarks, and other intellectual property rights therein, is owned by Best Diet Tips or its licensors. You acknowledge that the Website and any underlying technology used in connection with the Website contain Best Diet Tips intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Website, including any applications available via the Website, except as necessary to view the content on the Website or use an application available via the Website and create a reasonable number of copies of portions of such content and applications (without modification) for your personal, non-commercial use. All rights in the Website not expressly granted by Best Diet Tips to you are retained by Best Diet Tips and its licensors.

If you violate any of these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any copies you have made of any portion of the Website.

Email Rules

Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit “spam” or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy, infringing of another’s intellectual property rights, or illegal. Users found using email information in this manner may be stripped of their membership. We are not responsible for the content of email messages sent to you by our users or from third parties.

Community Pages

There are several areas on the Website on which users may post information, including Best Diet Tips posts and polls. Any information posted to the Website can be viewed by anyone who visits the Website (whether or not such visitors are registered users). Best Diet Tips does not endorse any information posted on the Website and posts made by users do not necessarily reflect the views of Best Diet Tips. Information on the Website should not be taken as medical advice and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Best Diet Tips Website is at your own risk.

In using our Website you agree to follow our Community Guidelines which includes the following provisions:

    * Respect everyone’s opinions. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
    * Do not post profane or explicit content.
    * Do not post profile pictures that might be considered inappropriate.
    * Do not post communications that could be interpreted as threatening or harassment.
    * Do not post advertise or promote products commercially.
    * If you have started a thread (such as a journal) that you want to close, please post a message indicating "THREAD CLOSED." We may determine in our sole discretion whether to close or delete threads.
    * Best Diet Tips has the right to remove a post on the Community Pages if it does not meet these standards or for any other reason Best Diet Tips deems appropriate.

User Disputes

Your communications, dealings or meetings with any other users on the Website, including communications, dealings or meetings initiated through the Website, are solely between you and such users, and you are solely responsible for such communications, dealings or meetings. Best Diet Tips reserves the right, but has no obligation, to monitor disputes between you and any other users on the Website. Best Diet Tips is not responsible or liable in any manner for any loss or damage arising out of your communications, dealings or meetings with any other users or any other services offered by  users.

Copyrighted Materials

When referring to news reports or articles in your posts on the Website, including references to reports and articles appearing on other sections of the Website, please post only a few sentences for the reader’s information and reference and include a link to the rest of the content on the original site. Do not post articles, news reports, photographs, graphics, images, audio, or other copyrighted material in their entirety (or substantial portions thereof) unless you have obtained written permission from the relevant copyright owner(s). Any unauthorized posting of any of the foregoing to the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or civil and criminal statutes, and you will be responsible for any liability arising from such violations.

User Indemnification Of Best Diet Tips

Upon request by us, you agree to defend, indemnify and hold Best Diet Tips and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Website, including any User Generated Content you post, store, reproduce, display, or distribute via the Website and any meeting you arrange via the Website; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Website. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.

User Conduct

If we determine that any user is not using the Website responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user’s transmissions, User Generated Content, or use of the Website. We also have the right (but not the obligation) to suspend or terminate your access to and use of the Website, or delete information you have posted to the Website, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) violates the Community Guidelines, (c) is offensive to other users, (d) violates the rights of Best Diet Tips or third parties, or (e) could cause Best Diet Tips liability. Without limiting the foregoing, upon any termination of your account or access to the Website we may delete all User Generated Content and other information related to your Community Pages. If Best Diet Tips suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.

Changes to Website

Best Diet Tips may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual Community Pages that have been inactive for more than 30 days, but have no obligation to do so. You agree that Best Diet Tips shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Website.

Third Party Websites

The Website may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third party websites, you do so at your own risk. Best Diet Tips suggests that you read the terms of use and privacy policies (if any) on those third party websites. You agree that Best Diet Tips has no liability for any damage or loss of any type that is a result of your use of a third party website.

Content And Warranty Disclaimer

THE WEBSITE IS PROVIDED BY BEST DIET TIPS AND ITS AFFILIATES “AS IS.” NEITHER BEST DIET TIPS NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, APPLICATIONS AVAILABLE VIA THE WEBSITE OR DOWNLOADED THEREFROM, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, BEST DIET TIPS AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, BEST DIET TIPS DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

Limitation of Liability
IN NO EVENT WILL BEST DIET TIPS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT BEST DIET TIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF BEST DIET TIPS, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. BEST DIET TIPS AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

Electronic Contracting
Your affirmative act of using this Website and/or registering for the Website constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically.

General
The Terms of Use and the resolution of any dispute related to the Terms of Use or the Website shall be governed by and construed in accordance with the laws of the State of California without respect to its conflict of laws principles. You shall bring any legal action or proceeding against Best Diet Tips related to the Website exclusively in a federal or state court of competent jurisdiction sitting in Orange County, California, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Best Diet Tips failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Best Diet Tips in writing. These terms and conditions constitute the entire agreement between you and Best Diet Tips with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

If you would like to request additional information regarding these Terms of Use, please contact us at support@bestdiettips.com.

Last updated September 29, 2010