TeamDiets.com Terms & Conditions

Service Agreement
 
TeamDiets.com, ("TeamDiets", "us", "our", "we", "Company") maintains this Internet site together with other Internet sites ("Sites") as a service to the Internet community. The content (images and text) ("Content") is the property of TeamDiets.com and protected by United States and international intellectual property laws. As a user of the Sites, you may download Content solely for your personal, non-commercial use. You may not use the Content in any matter inconsistent with this Service Agreement ("Agreement") or applicable law, nor may you copy, modify or alter the Content.

 

The Content and other information presented on the Sites are for educational purposes only. A health care professional does not intend it as a substitute for medical counseling. Before starting any diet or fitness program, consult your physician or other health care provider to determine if the diet and/or fitness programs is right for your needs. Do not start a diet or fitness program if your physician or health care provider advises against it. TeamDiets reserves the right to refuse or cancel your membership due to certain medical conditions. We also reserve the right to cancel your membership should you violate the terms and conditions of this Agreement and any other posted policy on the Sites. Memberships are non-transferable.

 

We will use reasonable efforts to include accurate and up-to-date Content and information on the Sites. From time-to-time we will include content and/or information provided by third parties. By clicking on certain links within the Sites, you may leave the TeamDiets Sites for another Web site ("Third Party Site") which TeamDiets neither owns nor controls. TeamDiets shall not be liable to you for your use of a Third Party Site.

 

At certain points in using the Sites, you will be asked to provide information to us. We collect two types of information from you, personally identifiable and non-personally identifiable. The personally identifiable information that we collect, includes but is not limited to, your first and last names, your street address (including the city, state and zip code), your telephone number and your credit card number. Non-personally identifiable information we collect includes, but is not limited to, your email address, your weight, your height, and your eating and fitness preferences.

 

We do not share, sell, rent, or lease your personally identifiable and non-personally identifiable information.

 

We will not request personally identifiable information, your user name and/or password nor credit card information via email.  In the event that you receive any communication that purports to be from TeamDiets that seeks personally identifiable information, send that request by opening a ticket on our helpdesk at www.teamdiets.com/contact or by mail to the address stated below.

 

Any non-personally identifiable information, communications or material you send to us by any method is deemed by us to be non-confidential and you expressly license TeamDiets to use, reproduce, and create derivative works from information, communications or material. The Company reserves the right to use comments, testimonials and other statements made by you on our Sites including, but not limited to those you may post on our bulletin boards, in our chat rooms, in marketing and promotional materials. Any information, communications or material you send to us must be truthful, legal, and not violate any third party intellectual property or other rights. We reserve the right to change this Agreement and any other posted policy on the Sites or to withdraw, change or add products or services contained within our Sites at any time.

 

You agree to: (a) maintain all equipment necessary for your access to and use of the Sites; (b) maintain the security of your user identification, password and other confidential information relating to your TeamDiets account; (c) be responsible for all charges resulting from use of your TeamDiets account, including unauthorized use prior to your notifying TeamDiets of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (d) updating your personal information, including email address.

 

Cancellation Policy

You may cancel at any time during your membership.  Your membership will automatically renew at the conclusion of your Initial Subscription Period (ISP) (e.g., monthly, quarterly, or yearly subscription). After the ISP, you remain financially responsible for your membership fee until we receive notice of cancellation. Cancellations do not become effective until the starting date of the member's next membership period. Cancellations are not retroactive.

 

You may cancel your membership as follows:

 

By email: open a help desk ticket at www.teamdiets.com/contact. In the text of the body of your email state your first and last name, user name, and intent to cancel. We will not open your email if it contains an attachment.

 

By mail: mail your letter to TeamDiets.com, PO Box 670361 Kew Gardens Hills, NY 11367  Att: Member Services. Include your first and last name, user name, email address, and your intent to cancel.

 

Refund Policy

Due to the nature of our business, there are no refunds.  Once a member joins TeamDiets they have access to an incredible wealth of information, software and premium content. The total retail value of all this access would be into the many thousands.

What you read, watch or download is completely up to you. For privacy reasons we donít monitor what you read or download and have no idea if you have received $10 or $1,000 worth of information.  For this reason we have a strict "No Refunds" policy on membership fees. Thank you for your cooperation and understanding.

You agree that neither TeamDiets.com, Inc., nor its affiliates, subsidiaries, officers, directors, employees, agents, consultants, content providers, partners or suppliers ("Released Parties"), shall have any liability to you under any theory of liability or indemnity in connection with your use of the Sites. You further agree to hereby and forever release and waive any and all claims you may have against any Released Parties for any and all claims, causes, damages or losses under any theory of liability (including attorneys fees and associated costs and expenses) arising from your use of the Sites.  Notwithstanding the foregoing, our total liability to you by any Release Party shall not exceed the fees paid by you to us during your membership with us. In addition, should your claim arise from a purchase made on or through our store, our total damages shall not exceed the cost of the product or service purchased (less shipping and handling). No representations or warranties of any kind, whether express or implied, fitness for a particular purpose, or merchantability are made by us regarding the Sites. We will not be liable to you for any damages, including, direct or indirect, special, incidental, consequential or punitive damages even if we have been advised of the possibility of such damages. Void where prohibited by law.

 

TeamDiets may deliver notice to you under this Agreement or any other published policy on the Sites by email, a general notice published on the Sites or by first class U. S. Mail to the street address provided by you at the time you become a member. TeamDiets will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email. You may give notice to us via email (www.teamdiets.com/contact), by certified U.S. Mail postage prepaid or by nationally recognized overnight courier to the following address:

 

TeamDiets.com
PO Box 670361 Kew Gardens Hills, NY 11367 or
contact www.teamdiets.com/contact

 

Affiliate Program Terms

Details available at:  http://www.teamdiets.com/affiliate-terms.html

 

Limited Warranty
By agreeing to these terms the user agrees that TeamDiets has made no promises or guarantees regarding any products or services save as herein provided: TeamDiets warrants to you, the purchaser and member, that your membership (the "Product"), will operate for period paid for by the end-user from the date that the Product is first used. EXCEPT FOR THE FOREGOING, NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARE MADE OR AUTHORIZED WITH RESPECT TO THE PRODUCT AND TeamDiets HEREBY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Any claim under this Limited Warranty must be submitted before the end of the warranty period to TeamDiets. The product, if cookbooks were mailed to the users, must be shipped and securely packaged. THE FOREGOING IS YOUR SOLE REMEDY UNDER THIS LIMITED WARRANTY. Products which have been abused, misused, damaged in transport, altered, neglected or subjected to unauthorized repair or installation as determined by TeamDiets is not covered by this Limited Warranty. UNDER NO CIRCUMSTANCES WILL TeamDiets BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF TeamDiets HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Terms Of Service And BigOvenís Recipe Software, End User License Agreement
ďBigOvenĒ recipe software is not sold, but is provided to you by way of a license according to the terms and conditions set forth in the Lakefront Software, Inc., End User Agreement below.

 

IMPORTANT -- READ CAREFULLY BEFORE INSTALLING AND/OR USING THIS SOFTWARE: You may install only ONE copy of the Software. By clicking on the "Accept" button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement.

 

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, PLEASE CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT INSTALL THE SOFTWARE. YOUR INSTALLATION AND/OR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THE LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. AFTER YOU HAVE READ THE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, PLEASE CLICK ON THE "ACCEPT" BUTTON AT THE BOTTOM OF THIS PAGE TO CONTINUE YOUR INSTALLATION OF THE SOFTWARE. YOU MUST AGREE TO THE TERMS OF THE LICENSE AGREEMENT, BY CLICKING THE "ACCEPT" BUTTON BELOW, IN ORDER TO USE THE SOFTWARE.

 

END USER LICENSE AGREEMENT
1. END USER LICENSE AGREEMENT. This Lakefront Software, Inc., End User License Agreement ("License Agreement") is a legal agreement between you (either an individual or an entity) and Lakefront Software, Inc., (the "Company") regarding the use of the Company's BigOvenís software program, which includes computer software and may include associated media and related online or electronic documentation (collectively the "Software" or "Software Product").

 

2. GRANT OF LICENSE. The Company hereby grants to you a non-exclusive license to use the Software, subject to the following terms:
a) You may: (i) use the Software on any single computer; and (ii) copy the Software for back-up and archival purposes, provided, that any copy must contain all of the original Software's proprietary notices.
b) In order to assure continued proper performance of the Software and compatibility with updates and upgrades to the Company's data systems, the Company may provide you with automatic updates or upgrades to the Software ("Updates"), with or without notice. Use of any Update is subject to the terms of this License Agreement.

 

2.LICENSE RESTRICTIONS.
a) You may not: (i) permit other individuals to use the Software except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software; (iii) copy the Software (except for back-up or archival purposes) or distribute the Software to third parties; (iv) rent, lease, transfer, or otherwise transfer rights to the Software; or (v) remove any proprietary notices or labels on the Software. Any such forbidden use shall immediately terminate your license to the Software.
b) You agree that you shall only use the Software in a manner that complies with all applicable laws in the jurisdictions in which you use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
c) You may only use the Software for your private, non-commercial use. Under no circumstances shall you, the end user, be permitted, allowed or authorized to commercially exploit the Software. Neither you nor anyone at your direction shall profit in any manner or through any medium whatsoever to commercially exploit the software or use the software for any commercial purpose without the express written permission of the Company
e) You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.

 

3. TITLE. Title, ownership, rights, and intellectual property rights in and to the Software shall remain in the Company. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software shall be retained by the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content.

 

4. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.
THE SOFTWARE IS PROVIDED BY THE COMPANY "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY FURTHER DISCLAIMS ANY AND ALL WARRANTIES FOR THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT OR ACCURACY, NON-INFRINGEMENT, AND TITLE. WARRANTIES (IF ANY) FOR ANY THIRD PARTY SOFTWARE INCLUDED AS PART OF THE SOFTWARE PRODUCT ARE PROVIDED EXCLUSIVELY BY THE MANUFACTURER OF THE THIRD PARTY SOFTWARE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE FOR THE THIRD PARTY SOFTWARE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FIVE DOLLARS ($5.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

5. INDEMNIFICATION. You agree to hold harmless, indemnify and defend the Company, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims in relation to your use and installation of this software. THE COMPANY CANNOT BE HELD LIABLE FOR THE RESULTS OF ANY EXERCISE PROGRAM CREATED WITH THE SOFTWARE, AND ANY EXERCISE PROGRAM SHOULD ALWAYS BE FOLLOWED WITH THE ADVICE OF A PHYSICIAN.

 

6. TERMINATION. This License Agreement will automatically terminate if you fail to comply with any provision of this Agreement. No notice shall be required from the Company to effect such termination. You may also terminate this License Agreement at any time by notifying the Company in writing of termination. Upon any termination of this License Agreement, you shall immediately discontinue use of the Software and shall certify destruction of all full or partial copies of the Software, including the documentation and any related materials provided by the Company. Your obligation to pay any accrued charges and membership fees that may be owed to the Company shall survive any termination of this License Agreement.

 

7. NO ASSIGNMENT BY LICENSEE. This Agreement is personal to you, and may not be assigned without the Company's express written consent. In the event that you are an entity that merges with another entity or are acquired by another entity during the Term, you shall provide written notice of such merger or acquisition not later than the date on which any public announcement is made. If the Company does not consent to assignment of this Agreement to the new or acquiring entity in such merger or acquisition, the Company may terminate this Agreement on thirty (30) days' written notice. Both parties shall perform under this Agreement until such termination is effective. The Company may assign this Agreement at its sole discretion.

 

8. EXPORT RESTRICTIONS. You are responsible for complying with all trade regulations and laws both foreign and domestic. You agree that you will not export or re-export the Software (or portions thereof) to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the Software (or portions thereof): (i) to any country subject to a U.S. embargo or trade restriction; (ii) to any person or entity who you know or have reason to know will utilize the Software (or a portions thereof) in the production of nuclear, chemical, or biological weapons; or (iii) to any person or entity who has been denied export privileges by the U.S. government. By downloading and/or using the Software you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.

 

9. MISCELLANEOUS. This License Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any written instrument submitted by you, whether formally rejected by the Company or not. The acceptance of any written instrument submitted by you is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this License Agreement may not be modified except in a writing duly signed by you and an authorized representative of the Company. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This License Agreement shall be governed by the laws of the State of New York, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of New York. Any and all unresolved disputes relating in any way to, or arising out of, your use of the Software or this License Agreement shall be submitted to such courts in the State of New York. However, if a judgment of the state and/or federal courts in the State of New York would be unenforceable against you for any reason, any unresolved dispute relating in any way to, or arising out of, your use of the Software or this License Agreement shall be submitted to arbitration in the State of New York. Any arbitration of a dispute under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. This License Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

 

10. CONTACT INFORMATION. Should you have any questions concerning this Agreement, or if you desire to contact the Company for any reason, you may contact:

 

TeamDiets.com

PO Box 670361 Kew Gardens Hills, NY 11367

Ph: 718-723-2324

email:

 

 

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