MyNetDiary — Terms and Conditions of Use

By accessing or using MyNetDiary Inc (hereinafter "MyNetDiary") website, www.MyNetDiary.com (the "Site" or the "Website"), you agree to be bound by the following terms and conditions governing use of the Site (the "Terms of Use"). If you do not agree to these Terms of Use, you should not use or access the Site.

Use of Website

The purpose of the Website is to provide online diet and health services. The content of the Website is for general information purposes only and is for your personal and non-commercial use. You may only use the Website in accordance with these Terms of Use, and may not use the Website to engage in any unlawful activity or fraudulent purpose or to infringe on the rights of MyNetDiary, its affiliates or others.

Not Medical Advice

All content available on the Website, including but not limited to calorie counts, nutritional facts, charts and projections, is believed to be accurate and in accordance with guidelines published by the United States Department of Agriculture, the United States Food and Drug Administration ("FDA"), including guidelines relating to the Recommended Daily Allowances ("USRDA"), the American Dietetic Association and other applicable authorities. However, the Site and its content does not consist of nor provide medical advice and is not a substitute for medical advice. Results, such as those based on calorie counts or projected weight loss, may vary. Always seek the advice of a licensed medical provider before undertaking any weight loss plan. Reliance on any information provided by or found on the Site is purely at your own risk. Information posted on the Website may not be accurate or current and MyNetDiary does not have an obligation under these Terms of Use to update the Site based on changes to the USRDA or other applicable guidelines or laws.

Not Medical Device

MyNetDiary Diabetes is an educational tool, it is not a medical device, it is not a substitute for a medical device or medical care, and it does not provide diagnosis, cure, mitigation, treatment, or prevention of any disease.
Information provided on MyNetDiary web site and in MyNetDiary applications is for general use only and is not intended to provide personal medical advice or substitute for the advice of your physician. If you have questions or concerns about individual health matters or the management of your diabetes, please consult your diabetes care team.

Proprietary Information

As between you and MyNetDiary, all content on the Website, including its appearance and look and feel, is owned by MyNetDiary unless otherwise expressly indicated on the Site. You may not modify, copy, distribute, transmit, display, perform or create derivative works from the content, information or material on the Website.

Any MyNetDiary trademarks, trade dress, service marks or trade names that appear on the Site or are referenced on the Site are the property of MyNetDiary and no license or other right to use such marks, names or dress shall be deemed granted without the express written permission of MyNetDiary.

User Supplied Content

You understand and acknowledge that you are solely responsible for all information, data, text or other materials or content that you provide to MyNetDiary via the Website and that MyNetDiary is not responsible or liable for this information. When you post or transmit information through the Site, you grant MyNetDiary an irrevocable, non-exclusive, royalty-free, sublicensable, world wide license to use such information for any purpose.

You agree that you will not post offensive, abusive, harassing, unlawful or otherwise objectionable material on the Site. MyNetDiary reserves the right but not the obligation to remove, edit or relocate any user supplied content at its sole discretion.

All user supplied content or communications transmitted via the Website are not confidential. You should not discuss, provide, solicit or request Personally Identifiable Information or Protected Health Information (as such terms are defined in the Health Insurance Portability and Accountability Act of 1996, as amended) on the Website. If you disclose, discuss or provide any information, including Personally Identifiable Information and Protected Health Information, on the Website, including on any forums, chat rooms, message boards, blogs or communities, you do so at your own risk and you are solely responsible for the consequences of disclosing, discussing or providing such information.

Other Third Party Contributors

The views expressed by any contributor to this Website, whether an employee or independent contractor, are those of the contributor alone. Such views do not reflect the beliefs, feelings, policies or position of MyNetDiary.

Any opinions, advice, statements, services, offers or other information or content expressed or made available on the Website by third parties, including other users, are those of the respective third parties and not of MyNetDiary. MyNetDiary neither endorses nor is responsible for the accuracy or reliability of any opinions, advice, statements, services, offers or other information or content expressed or made available on the Site by such parties. If you disclose, discuss or provide any information to such third parties on the Website, you do so at your own risk and MyNetDiary is not responsible nor liable for the consequences of such disclosures or discussions.

Permitted users

    Due to the nature of our service, we restrict access to our Website to those who may safely use it. The following users are prohibited, either completely or partially, from using the Site.
  • Individuals with serious medical conditions. If you have a serious medical condition, including but not limited to pregnancy, diabetes, high blood pressure, cancer or heart disorders, you may not use this Site without the prior approval of your physician or other licensed healthcare provider.
  • Individuals who suffer from eating disorders. If you suffer from anorexia nervosa, bulimia, or other related eating disorders, you are not permitted to use this Site.
  • Children. We are committed to protecting the privacy of children and have no intention of collecting personal information from individuals under the age of 18. If you are under the age of 18, do not submit personal information to this Site without the consent of your parent or guardian. Children under the age of 13 are not permitted to use this Site.

Registration and Password

You are responsible for maintaining the confidentiality of your sign-in information and password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify MyNetDiary of any unauthorized uses of your account.

Account Cancellation

Members of the Website may cancel their accounts at any time. There is no minimum commitment to open or maintain an account. The cancellation form can be found on the Account page in the member section of the Site.

The Site's service is billed in advance and its fees are nonrefundable. There are no refunds or credits for partial months of service or for unused months of membership. In order to treat all users equally, no exceptions will be made.

Links

The Website may contain links to third party websites or resources. Such links do not constitute endorsements by MyNetDiary of any third party websites accessible through such links, their content or any products or services made available thereon. You agree and acknowledge that MyNetDiary is not responsible or liable for any content or related materials contained on any of these third party websites.

Linking to the Website and/or framing any portions of the Website without MyNetDiary's express written permission is prohibited. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the homepage of the Website so long as the link does not imply endorsement by MyNetDiary or portray MyNetDiary or the Site in a false, misleading, derogatory, disparaging or otherwise offensive manner.

No Warranty

THE CONTENT AND OTHER MATERIALS CONTAINED HEREIN ARE PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, MyNetDiary, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUBCONTRACTORS, SUPPLIERS AND REPRESENTATIVES HEREBY DISCLAIM (1) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT THE WEBSITE'S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND (2) ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THE WEBSITE AND FOR ANY DOWNTIME EXPERIENCED ON THE WEBSITE.

Use by United States Residents

This Site has been published in the United States and is directed towards residents of the United States. You agree to use the Site in accordance with all United States federal, state and local laws and the Terms of Use. If you access the Site from outside of the United States, you do so at your own risk and are responsible for complying with all applicable local laws. Any such foreign users should not rely on information appearing on this Site.

Limitation of Liability

MyNetDiary, and its officers, directors, employees and agents, shall not be responsible or liable for or in connection with browsing or other use of the Website or Content (as defined below) or downloading any materials or Content from the Website, including but not limited to any liability for errors, inaccuracies, omissions or misleading statements. Users of the Website expressly understand and agree that such use is at their own risk and that MyNetDiary shall not be liable to any user of the Website or Content, or to any third party, for any loss, expense or damage, including but not limited to consequential, incidental, special, direct, indirect or punitive damages of any kind, including lost profit or revenue, however such damages arise, that results directly or indirectly from the use of or reliance upon the Website, Content or other information obtained, downloaded, linked or otherwise accessed through the Website, even if MyNetDiary has been advised of the possibility of such damages.

Any transactions, communications or other dealings you have with third parties found on or through the Website are solely between you and the third party. MyNetDiary makes no representations or warranties with respect to such third parties offering services on the Website. MyNetDiary shall not be responsible nor liable for or in connection with any such third party transactions, communications or other dealings.

Indemnification

You hereby agree to indemnify, defend, release and hold harmless MyNetDiary, its officers, directors, employees and agents from and against any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) incurred as a result of or arising from (i) your use of the Site or access by others to the Site under your authority or control or (ii) content or other information you submit, disclose, discuss or provide on the Site.

Privacy

The MyNetDiary.com Privacy Policy Statement, found at www.mynetdiary.com/privacy.html, applies to use of the Site, and its terms are made part of these Terms of Use.

Disclaimers

The Website allows you to access and view content, including but not limited to calorie counts, nutritional facts, charts, projections and other related information provided by MyNetDiary, its licensors, users and other third parties (collectively, the "Content"). The Content contained on the Website is not guaranteed by MyNetDiary to be accurate, complete, current or reliable and is subject to errors, omissions or withdrawal without notice.

No federal agency or other governmental authority has judged the merits or value, if any, of the information provided on the Website and it may be advisable for you to consult a medical professional prior to using the materials contained on this Site.

Additional disclaimers may appear within the body of the Website and are incorporated herein by reference.

Termination of Access

You acknowledge that MyNetDiary may terminate your access to this Site or membership to this Site at any time, for any reason, with or without cause.

Changes to Website

MyNetDiary reserves the right to modify these Terms of Use and to change, suspend or discontinue all or any portion of the Website or its Content at any time, in its discretion, without notice.

Waiver

Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by MyNetDiary.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of laws, and the federal laws of the United States, regardless of where the user is based. You agree to bring any claims arising under these Terms of Use exclusively in courts within the State of New Jersey.

Invalidity of Terms

If any part of these Terms of Use is found to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

Questions, Comments, Complaints or Service Issues

If you have any questions, comments, complaints or service issues pertaining to this Website, please contact us at info@mynetdiary.com.

MyNetDiary's designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act is Sergey Oreshko. The designated agent may be reached at:

Sergey Oreshko
MyNetDiary Inc.
811 Church Road, Suite 105
Cherry Hill, New Jersey 08002
tel: (800) 385-7461
fax: (800) 385-7461
email: info@4technologies.com

Copyright © MyNetDiary Inc., 2012. All Rights reserved.

COMPANY INFORMATION

MyNetDiary Inc.
811 Church Road, Suite 105
Cherry Hill, New Jersey
08002