Terms and Conditions

Acceptance of Terms
BY ACCESSING OR USING THE WEBSITE AND SERVICES IN ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS, YOU ARE AGREEING TO THE TERMS OF USE BELOW AS WELL AS THE PRIVACY POLICY, AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME. IN ADDITION, WHEN USING THIS WEBSITE, YOU AGREE TO ABIDE BY ANY APPLICABLE POSTED GUIDELINES FOR THOSE SERVICES. SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THE TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE AND YOU SHOULD NOT AGREE TO FURTHER USE. BY ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE NOR ACCESS THE CONTENT OF THIS WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES THROUGH ARBITRATION RATHER THAN IN COURT.

Description of Services
This Site (SITE NAME) provides Content and information and materials related to diet nutritional approaches, research, meal planners, recipes, and other nutritional and dietary information as well as a variety of other services, such as promotional offers, Community forums, blogs, and success stories that You may find useful, motivational and interesting (collectively the “Services"). Much of the Content and Services provided on this Site relates to a healthy lifestyle and reduced caloric nutritional intake as a key element of a healthy lifestyle and diet, but nothing contained on the Sites is intended to provide specific health care or medical advice. Should You have any healthcare-related questions, please call or see Your physician or other health care provider. You should never disregard medical advice or delay in seeking it because of the Content and Services You may see or access here. All Content and Services provided here or accessed through the Sites are provided "AS IS" and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. We make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the Content on the Sites or accessed through the Site. SITE NAME is not responsible for updating Content or Services contained here, or providing information that may be inconsistent with a nutritional approach or a reduced or controlled caloric intake approach to diet and nutrition.

BILLING POLICY
The content on this website is available for a 30-day access period for $39.99.  Our one-time payment is charged on the date you signed up.  Your charges will appear on your statement as:  SITE URL. If you would like to continue using our service after the initial access period, we will prompt you to process a new transaction on the following calendar month during your next login access.
Each following month access will be paid with the billing information on file.  Your payment method will only be charged if you agree to access the content and agree to the payment transaction.

REFUND POLICY
We offer a 7-day satisfaction guarantee. If you are not satisfied with your purchase within the first 7 days of receiving your digital product, please contact our customer service department for a full refund. We will refund if you were unable to access our system or the recipes are not usable. Please contact our Customer Service 24 hours a day if you are experiencing the following:
• If you are seeing multiple charges or charges that you believe to be unauthorized.
• Access to your member area is not functioning properly
Our Customer Service Agents will immediately route your case to our Technical Support department to resolve your issue as soon as possible. Our Technical Support team is always available to troubleshoot potential issues with your digital product. It is our goal to ensure a superior customer experience. If you are experiencing a technical issue, we'd like to fix it immediately.

REGISTRATION OBLIGATIONS
There is no cost to become a registered user on any of Our Sites, and You do not have to become a registered user to use Our Sites. However, if You do not become a registered user, you will not have access to all the Content or Services available on Our Sites. You must register to participate in the Community, or use Free Tools features, or search for Atkins-friendly recipes, and receive Our Newsletter. The "Community" refers to interactive areas of the Sites and includes elements such as forums, groups, personal pages, meal planners, recipes, and similar activities where you can communicate with other users of our Sites and post Content. In consideration of Your use of the Sites, You agree to be legally bound by these Terms of Use and policies applicable to using Our Sites, including but not limited to Our Privacy Policy. You also agree to (a) provide true, accurate, current, and complete information about Yourself if You elect to become a registered user (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any Registration Data that is untrue, inaccurate, not current, or incomplete, and if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of or access to the Sites (or any portion thereof).

Member Account, Password, and Security
If you elect to become a Registered User, You will be prompted to provide certain personally identifiable information. Your user name will identify You as a Registered User and your password will allow You access to Your account and personal pages part of the Sites that are accessible only by Registered Users. Upon completing the registration process You will have established Your personal account, as a Registered User, and a personal page on which You can post personal information. Out of respect for Your privacy, the information and Content that You post on Your personal page is accessible by other Registered Users only to the extent You permit Your security settings. You are solely responsible for protecting Your Registration Data and Your password. We recommend that You do not disclose Your Registration Data and password to others.

Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person who transmitted the Content. This means that You are solely and completely responsible for all Content that You upload, post, email, transmit or otherwise make available on the Site. Although we have adopted community standards and conduct guidelines for the users of our Site, we do not control the Content posted by You or others and, as such, do not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Sites, You may be exposed to Content that could be offensive or objectionable to You. Under no circumstances will We be liable in any way for any Content (other than Content we provide), including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site by You.

You agree not to:
A. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
B. harm or hatred toward anyone of any age in any way;
C. impersonate any person or entity;
D. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content uploaded to or transmitted through the Sites;
E. upload, post, email, transmit or otherwise make available any Content that You do not have a legal right to make available to other persons;
F. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any person;
G. upload, post, email, transmit or otherwise make available any solicitation or advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
H. upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
I. interfere with or disrupt any servers or networks connected to the Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
J. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
K. "stalk" or otherwise harass another; and/or
L. solicit, collect or post personal data about other users of the Sites, including user names or passwords; or attempt to access another user's account without his or her consent.

You acknowledge that We and Our designees shall have the right (but not the obligation) in sole discretion to pre-screen, refuse, or remove any Content that is uploaded, emailed, transmitted, or otherwise made available on the Sites. By allowing Registered Users the ability to post Content in the Community and interactive areas of the Sites, We are not undertaking any responsibility, obligation, or liability relating to any Postings or activities in any Community or other interactive area, nor do We endorse any such postings. Although We reserve the right to remove, without notice, any posting for any reason, We have no obligation to pre-screen or otherwise review postings or to delete postings that You may find objectionable or offensive. We are not responsible for maintaining a copy of any Content or posting that We remove from Our Sites, and We are not liable for any loss in the event that the Content You post is removed.

Content Submitted or Made Available for Inclusion on the SITE NAME Sites
We do not claim ownership of Content You submit or make available for inclusion on the Sites, but with respect to such Content, which may include but is not limited to photos, graphics, recipes, weight loss tips/suggestions, success stories, You grant to SITE NAME the worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, and publicly display such Content on the Sites, but only for as long as You elect to continue to include such Content on the Sites. This License will terminate at the time You remove or that We remove such Content from the Sites.

Contributions 
By submitting ideas, suggestions, recipes, product concepts, marketing and/or sales proposals, and any other form of unsolicited contribution ("Unsolicited Contributions") You acknowledge and agree that: (a) Your Contributions do not contain confidential or proprietary information; (b) is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Your Contributions automatically become the property of the website without any obligation to You; and (e) You are not entitled to any compensation or reimbursement of any kind, and under any circumstances if we use Your Unsolicited Contributions for commercial or non-commercial purposes.

Indemnity
You agree to indemnify and hold harmless Us, any and all subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content, Contributions, Unsolicited Contributions, or anything else You submit, post, transmit, modify or otherwise make available through the Sites, or by Your use of the Sites, or Your violation of any rights of another.

No Commercial Reuse of Content
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any material or Content of any kind You see, download, or otherwise access on any of Ours Sites.
General Practices Regarding Use and Storage
You acknowledge that We may establish general practices and limits concerning use of the Sites, including the number of days that messages, message board postings, or other uploaded Content or Contributions will be retained on the Sites, the maximum number of messages that may be sent from a Registered User on the Sites, and the maximum size of any message or posting that may be sent from a Registered User.

Modifications to Sites
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Sites (or any part thereof).

Termination
You may terminate Your registered account, any associated email address, and access to the Sites by submitting such a termination request to our customer service department
You agree that We may, without prior notice, immediately terminate, limit Your access to or suspend Your registered account, any associated email address, and access to the Sites for the cause. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of these Terms of Use, (b) requests by law enforcement or other government agencies, (c) unexpected technical or security issues or problems and/or (d) engagement by You in fraudulent or illegal activities. Further, You agree that all terminations, limitations of access, and suspensions for cause shall be made in Our sole discretion and that We shall not be liable to You or any third party for any termination of Your account, any associated email address, or access to the Sites.

Links
The Sites may provide external links to other Websites or third parties. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.  

SITE NAME's Proprietary Rights
You acknowledge and agree that Content contained in or information presented to You through the Sites is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Us or the applicable licensor, in writing, You agree not to modify, sell, distribute, transmit, broadcast, or create derivative works based on such Content, in whole or in part, for any commercial use or for any other purpose whatsoever.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE SITES; (B) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; (C) ANY CONTENT, CONTRIBUTIONS, UNSOLICITED CONTRIBUTIONS OR POSTINGS OF ANY KIND WHATSOEVER, OR (D) ANY OTHER MATTER RELATING TO HEREIN.

Copyright or Intellectual Property
We respect the intellectual property of others, and we ask our users to do the same. In appropriate circumstances and at our discretion, we may disable and/or terminate the accounts of users who may be repeat infringers. If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide the following information to our customer service department:
A. A description of the copyrighted work or other intellectual property that You claim has been infringed;
B. A description of where the material that You claim is infringing is located on the site;
C. Your address, telephone number, and email address;
D. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
E. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

DISPUTES AND ARBITRATION
Any dispute or claim relating in any way to the Website and our products or services, any dealings with us and our customer service agents, any representations made by us, and/or your use of our websites (including without limitation claims relating to the breach of these Terms, Privacy Policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual basis. This includes any dispute or claims you assert against our subsidiaries, affiliates, and assigns. This also includes any dispute or claim that arose before you accepted these Terms of Use, regardless of whether prior versions of these Terms required arbitration.

Unless you proceed with a small claims action, the Federal Arbitration Act and federal arbitration law will apply. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms as a court would. If for any reason a claim proceeds in court rather than in arbitration WE BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless we both agree otherwise, the arbitrator may not consolidate more than one person's claim with your claims, and may not otherwise preside over any form of a representative, consolidated, or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described in the previous paragraph. Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s (“AAA”) rules, except as provided in this section. If your total claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
If a dispute arises, we strongly encourage you to first contact our Customer Service Department before starting arbitration or filing a claim in a small claims court. We value our relationships with our customers and will try to resolve your claims informally and quickly.