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Website User Agreement

Welcome! My Dietitian’s goal is to offer you the very best, most accurate dietary information, provided by our Registered Dietitians, at an affordable rate. We accomplish that goal by providing a multitude of web-based services geared to deliver personalized information regarding your diet.

You may use the Web site, services, content, technologies and applications of www.mydietitian.com, and any subdomains or related domains, (collectively, the “Website”) only on the condition that you abide by the following terms:

BY USING THE WEBSITE, ENGAGING OUR SERVICES, SENDING US SUBMISSIONS, AND/OR REGISTERING TO OPEN AN ACCOUNT WITH US, YOU ARE ACKNOWLEDGING AND AGREEING TO EACH AND EVERY ONE OF THE TERMS AND CONDITIONS IN THIS AGREEMENT (THE “SITE TERMS”), AND ALL OTHER AGREEMENTS THAT ARE (OR WILL BE) LOCATED AT http://www.mydietitian.com/terms (COLLECTIVELY, THE “AGREEMENT” OR “AGREEMENTS”).

1. About The Site Terms

The Website is a service made available by My Dietitian, LLC (“My Dietitian, LLC”) and its affiliates (“My Dietitian, LLC”, “we” or “us”). The Site Terms govern your use of the Website, and have the same force and effect as does a written agreement with original signatures from all parties. If you do not agree to these Site Terms, do not use the Website. We may modify the Site Terms at any time. If you do not agree to the changes, you may discontinue using My Dietitian, LLC before the changes take effect. Your continued use of My Dietitian, LLC after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into the Website, you reaffirm your acceptance of the most current version of the Site Terms. You are responsible for regularly reviewing the Site Terms, by clicking on the “Legal” link at http://www.mydietitian.com/terms. The Site Terms may be supplemented by additional terms and conditions applicable to privacy, specific areas of this Website, or to particular content or transactions posted in particular areas of the site. The additional terms, together with these Site Terms, govern your use of those areas, content, or transactions.

2. About the Website

The Website gives users the ability to receive dietary information from a Registered Dietitian (“RD”) through our Website (collectively, the “Submissions”), subject to these Site Terms. You agree that all such transactions will be governed by My Dietitian, LLC’s Terms of Sale Agreement located at http://www.mydietitian.com/terms. We may, in our sole discretion, change or discontinue any or all aspects of the Website at any time, without notice, and without liability to its users.

3. Registration

Registration is not required to visit the Website. However, if you desire to complete a transaction with us or engage our Services, you must create an account. If you register to open an account, you agree to provide accurate, complete registration information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. We do not permit any other person using the registered sections under your name. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify My Dietitian, LLC immediately by emailing management@mydietitian.com.

4. Ownership

The Website contains information, content, advertisements, text, photographs, designs, graphics, images, sound, and video recordings, animation and other materials and effects (collectively, the “Content”) that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by My Dietitian, LLC or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, My Dietitian, LLC retains all rights (including intellectual property rights), title, and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications, and improvements related to the Website (the “Technology”) (the terms Content and Technology will be collectively referred to as the “Materials”). You may not remove any copyright, trademark, or other proprietary notice from any electronic or printed copy.

5. Termination

This Agreement is effective unless and until terminated by either you or My Dietitian, LLC. You may terminate this Agreement at any time. My Dietitian, LLC may terminate this Agreement at any time without notice and deny you access to the Website, if, in its sole discretion, you fail to comply with any term or provision of this agreement. A termination or actions taken by My Dietitian, LLC under the previous sentence shall not limit My Dietitian’s other legal rights and remedies available under law or equity. Upon any termination of this agreement by either you or My Dietitian, LLC, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under this agreement or otherwise.

6. Use of Website and Materials

My Dietitian, LLC provides the Website and the Materials for your individual, noncommercial use, solely for the purpose of carrying out individual transactions through the Website. Any other use of the Website or the Materials is strictly prohibited. You may not, either directly or indirectly:

  • Modify, republish, redistribute, delete, resell, sublicense, publicly perform, or cache by proxy the Website or Materials without the express written permission of My Dietitian, LLC or the applicable rights holder;
  • Use the Materials for telemarketing or direct marketing by commercial mass e-mail, agents, representatives, or e-mail spammers;
  • Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;
  • Use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users;
  • Reformat or frame any portion of the Website or Materials;
  • Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
  • Allow others to use the Website under or through your account login ID/email and password;
  • Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • Violate the Site Terms, applicable law or the rights of others; or Disrupt or interfere with the security of, or otherwise cause harm to, the Website;
  • Use the Site to engage in libel, defamation, unlawful harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or wrongful publication of private information.

Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials. Whether or not a user Submission violates this provision is within My Dietitian’s sole discretion requiring no explanation on its behalf.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

7. License

By using the Website, uploading content, or submitting any materials to the Website, you grant (or warrant that the owner of such rights has expressly granted) My Dietitian, LLC a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content. All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to My Dietitian, LLC on or by this Website or otherwise disclosed, submitted, or offered in connection with your use of this Website or otherwise (collectively, "Comments") shall be and remain My Dietitian, LLC’s property. My Dietitian, LLC is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any Comments.

8. Automated Activity

The Website may use robot exclusion methods, which include robots.txt files and HTML meta tags, that expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to My Dietitian, LLC by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing “offline” searches and mirroring, without our express written permission as indicated in the then-current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.

9. Linking

You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give My Dietitian, LLC notice of such link by sending an e-mail to management@mydietitian.com and (c) you discontinue providing links to this Website if requested by My Dietitian, LLC. If you wish to provide links to a section within the Website, you should forward your request to My Dietitian, LLC at management@mydietitian.com and My Dietitian, LLC will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission in a separate agreement.

10. Representations

You represent and warrant to us that (a) you are legally capable of entering into contracts, (b) you are providing us at all times with true, accurate and up to date information about yourself, (c) you will comply at all times with the Site Terms and applicable law, and (d) your use of the Website and any transactions that you make with us will not violate the rights of any third party.

11. Disclaimer

My Dietitian, LLC makes every effort to ensure the information presented in, on or through its Website is accurate. However, because My Dietitian, LLC communicates information provided and created by advertisers, software developers, publishers, marketing agents, resellers and other third parties, My Dietitian, LLC has no control over the accuracy of such information, makes no guarantee as to such information, and is not responsible for the information as to its accuracy, currency, content, quality, copyright compliance or legality, or any resulting loss or damage.

12. Warranty, Liability, Indemnification

My Dietitian, LLC makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that My Dietitian, LLC shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.

THE WEBSITE AND MATERIALS ARE PROVIDED BY MY DIETITIAN, LLC ON AN “AS IS” BASIS AND IS AVAILABLE WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. MY DIETITIAN, LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE, AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY WISH TO GAIN FROM YOUR USE OF THE WEBSITE.

IN NO EVENT SHALL MY DIETITIAN, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, OR OTHERWISE. MY DIETITIAN, LLC SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET.

Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states, liability is limited to the fullest extent permitted by law.

MY DIETITIAN, LLC DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, “WORMS,” “TROJAN HORSES,” OR THEIR HARMFUL COMPONENTS. MY DIETITIAN, LLC’S ONLY LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY MY DIETITIAN, LLC, SHALL BE CANCELLATION OF YOUR PERSONAL ACCOUNT. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER MY DIETITIAN, LLC, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, RDs, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, OR (III) THAT THE INFORMATION PROVIDED IS IN ANY WAY CERTIFIED BY A MEDICAL PROFESSIONAL.

13. Indemnity

You agree to release, indemnify, defend, and hold harmless My Dietitian, LLC, its parents, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors, and distributors from and against any and all claims, liabilities, damages, losses, costs (including taxable and non-taxable costs), expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, authorized or unauthorized) violation or breach of any representation or obligation under these Agreements. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

14. Privacy

We view protection of users’ privacy as a very important community principle. When you open an account and use the Website, we collect information about you. You agree that we may collect and use your information in accordance with the My Dietitian, LLC’s Privacy Policy, which you can review by visiting www.mydietitian.com/terms. If you object to your information being transferred or used in this way, do not use our services.

15. Electronic Notices and Transactions

You agree to transact business with us electronically. You authorize us to send you important notices by electronic means, including notices about the Website and any transactions. Such electronic means can include sending messages to the email address you provide, or posting a notice on the Website. It is your duty to keep your email address up to date, to maintain a valid email address, and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email-blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website.

16. Access

You are responsible for obtaining, at your own expense, all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.

17. Notice Regarding Technology

Our Technology, including any software or applications we provide to you, is a “commercial item,” as that term is defined in 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. § 12.212. Consistent with 48 C.F.R. §§ 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4.

Your use of the Website must comply with all applicable laws in the territory in which you access and use the Website, including without limitation, all import and export control laws and regulations of the United States and other countries. You must not transfer, by electronic transmission or otherwise, any content, data, or software subject to restrictions under such laws to a national destination, person, or entity or for an end-use prohibited under those laws without first obtaining and complying with government authorization. You must not upload any data or software to the Website that cannot be exported without prior written government authorization and notification, including, but not limited to, certain types of encryption software.

18. Miscellaneous

My Dietitian, LLC reserves the right to investigate complaints or reported violations of the Site Terms and to take any action My Dietitian, LLC deems appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information. My Dietitian, LLC reserves the right to seek all remedies available at law and in equity for violations of these Site Terms, including, but not limited to, the right to block access from a particular Internet address to any Second Rotation website. These incorporate by reference any notices contained on the Website and constitutes the entire agreement with respect to access to and use of the Website. If any provision of the Agreement is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

THIS AGREEMENT, THE OTHER AGREEMENTS LOCATED AT www.mydietitian.com/terms, AND THESE SITE TERMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH ARIZONA LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BYCLICKING ON THE ACCEPT” BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE OTHER AGREEMENTS, WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN PHOENIX, ARIZONA, AND, BY INDICATING YOUR ACCEPTANCE BELOW, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.

The obligations in, inter alia, Sections 5 through 8, 10 through 15, 17 and 18 shall survive termination of these Site Terms.

19. Integration and Incorporation

The agreements located at www.mydietitian.com/terms constitute one single, fully integrated agreement. All of the terms, conditions, obligations, definitions and provisions of those agreements are therefore applicable to the instant agreement. Moreover, My Dietitian, LLC, by this reference, hereby incorporates herein the most current version of all agreements posted at www.mydietitian.com/terms. The currently posted agreements include My Dietitian, LLC’s Website User Agreement, Electronic Communications Delivery Policy, Privacy Policy and Terms of Sale Agreement. However, My Dietitian, LLC may, in its sole discretion, add, remove, amend, or otherwise change the agreements posted at www.mydietitian.com/terms.

Terms of Service Agreement

My Dietitian, LLC (“My Dietitian”) gives users the ability to obtain dietary information from a Registered Dietitian (“RD”) upon submission of the users’ dietary information to the Website (collectively, the “Submissions”). Upon use of the Website, you agree that all such transactions will be governed by My Dietitian’s Terms of Sale and other Agreements, as stated below. In addition, you must agree to abide by the following terms in order to use the Services, or be subject to termination of Services by My Dietitian.

BY SETTING UP AN ACCOUNT, OR BY USING MY DIETITIAN’S WEBSITE, YOU UNCONDITIONALLY INDICATE THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.

1. Describe How Agreement is Effectuated

We receive your initial membership payment when you register for an account with My Dietitian. Payment must be tendered in the form of a valid credit or debit card and the registered address must be identical to your billing address. Upon any changes in the monthly subscription fee, you will be notified by My Dietitian and charged with the new subscription fee upon the next billing cycle.

To ensure that your credit, debit or charge card is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases, however, My Dietitian is not obliged to ensure the safety of your financial information. By accepting these Terms and Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. This is done only to confirm your identity, a credit check is not performed and your credit rating will be unaffected.

By electronically submitting any form of payment to My Dietitian, you agree to adhere to My Dietitian’s Terms of Service. You may need to set up an account in order to use some of the features of our Services. You may not use someone else's account without permission. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else's name or contact information, or a phony name, or phony contact information.

You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.

2. My Dietitian does not provide Medical Advice

The information provided by a My Dietitian RD in response to your Submission is strictly for educational purposes only. The information is not intended to be a substitute or supplement to professional medical advice. Please consult a physician before using My Dietitian’s Services. You should always consult your healthcare provider to determine the appropriateness of the information for your own dietary needs or if you have any questions regarding a medical condition or treatment plan. This site is not designed to, and does not provide, medical advice, professional diagnosis, opinion, treatment, or services. Do not use My Dietitian’s Services if you have any medical issue that is affected by your diet.

3. Cancelling, Rejecting, Suspending and Terminating Transactions

If My Dietitian receives your Submission, we nevertheless reserve the right to, in our sole discretion, for any reason or for no reason: (a) decline to respond to your Submission, (b) respond to some of your Submissions but not others, or (c) decline to respond to any of your Submissions.

4. Limitation of Liability

You hereby expressly agree to limit My Dietitian’s responsibility, obligation and/or liability to the lesser of (a) $1,000, or (b) the cost of your membership, for any and all damages, claims or actions related to, or arising out of, any transaction or occurrence subject to, or referenced in, the Agreements. You also hereby expressly agree to release, indemnify, defend and hold My Dietitian harmless for any such amounts over the lesser of (a) $1,000, or (b) the cost of your membership.

You hereby acknowledge and agree that the foregoing limitation, release and waiver precludes, inter alia, incidental, special, indirect, consequential, or punitive damages or loss of profit or opportunity for any claims, demands or actions brought by you, or on your behalf, including any subrogation claim brought by your insurance carrier. You expressly and specifically waive any subrogation claim on your behalf as well as on behalf of your insurance carrier.

5. Miscellaneous

You hereby acknowledge and agree that:

  • You have provided us your accurate email address, physical address, and telephone number, and that it is your responsibility to provide us with current or updated contact information.
  • You are irrebuttably presumed to have received, and to have actual knowledge of (a) any electronic communication directed to you (such as notices posted on the Website), and (ii) any email message sent to an email address that you have provided to us.
  • You are irrebuttably presumed to have received, and to have actual knowledge of, any message left at a phone number you have provided to us. Such messages include, inter alia, voicemails, messages left with anyone answering that phone number, or otherwise.

6. About this Agreement

You acknowledge and agree that this Agreement, and all the Agreements, are in electronic form and has the same force and effect as a written agreement with original signatures from all parties. In this Agreement, the term “you” or “your” means an individual or entity exercising rights under this Agreement, and the term “My Dietitian,” “we” or “us” means My Dietitian and its affiliates and subsidiaries.

7. Requirements.

In order to complete the transaction with My Dietitian, you must:

  • Create an account with us, which you do by submitting contact and payment information to us via the Website;
  • Provide true, up to date and accurate account information about yourself and any Item;
  • Comply with all terms and conditions of this Agreement;
  • Comply with all applicable laws and regulations;
  • Transact on behalf of yourself and not on behalf of others; and
  • Have the legal capacity to enter into agreements

8. Accuracy of all Information.

My Dietitian makes every effort to ensure the accuracy of all information you receive in relation to your Submissions. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions, incomplete, or outdated information. As such, My Dietitian reserves the right, at any time, to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. My Dietitian does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.

9. Privacy.

We view protection of users’ privacy as a very important community principle. When you open an account and use the Website, we collect information about you. You agree that we may collect and use your information in accordance with the My Dietitian Privacy Policy, which you can review by going to www.mydietitian.com/terms. If you object to your information being transferred or used in this way please do not use our services.

10. Electronic Notices and Transactions.

You agree to transact with us electronically. This means you agree to accept and terms and conditions and to conduct any transaction of your Submissions with us by electronic means. You authorize us to send you important notices by electronic means, including notices about the Website and any transactions. Such electronic means can include sending messages to the email address you provide, or posting a notice on the Website. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website.

11. Entire Agreement/No Waiver.

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by My Dietitian of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

12. Modification.

My Dietitian reserves the right to modify this Agreement, or any related Agreements, at any time. If you do not agree to the changes, you must discontinue using the My Dietitian Websites and/or the Services before the changes take effect. Your continued use of My Dietitian after any such changes take effect constitutes your acceptance to such changes. Each time you deliver a Submission to My Dietitian, you reaffirm your acceptance of this Agreement. You are responsible for regularly reviewing periodically this Agreement, located at www.mydietitian.com/terms. The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.

13. Applicable Law and Venue.

THIS AGREEMENT, THE OTHER AGREEMENTS LOCATED AT WWW.MY DIETITIAN.COM/LEGAL, AND THESE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR ITEMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH ARIZONA LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE OTHER AGREEMENTS, WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN PHOENIX, ARIZONA, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.

14. Integration and Incorporation

The agreements located at www.mydietitian.com/terms constitute one single, fully integrated agreement. All of the terms, conditions, obligations, definitions and provisions of those agreements are therefore applicable to the instant agreement. Moreover, My Dietitian, by this reference, hereby incorporates herein the most current version of all agreements posted at www.mydietitian.com/terms. The currently posted agreements include My Dietitian’s Website User Agreement, Privacy Policy, and Terms of Service Agreement. However, My Dietitian may, in its sole discretion, add, remove, amend, or otherwise change the agreements posted at www.mydietitian.com/terms.

Privacy Policy

Please read the following to learn more about our privacy policy, the types of personal information we gather, and the measures we take to safeguard your privacy when you use the Website, applications, and services we provide (the “Services”). www.mydietitian.com, and any subdomains or related domains, (collectively, the “Website”) is provided by My Dietitian, LLC and its affiliates (“My Dietitian,” “we,” or “us”). This policy covers how we protect personal information collected and used on or through the Services and other related websites where this policy is posted. The Website may contain links to other sites. Once you enter another website, be aware that My Dietitian, LLC is not responsible for the privacy practices of other sites. You agree that this Privacy Policy is part of our Terms of Use Agreement, Terms of Service Agreement, and any other agreements posted at www.mydietitian.com/terms (collectively, the “Agreement” or “Agreements”). By accessing or using the Website or our Services, you agree to be bound by all of our terms and conditions.

1. Information Collection and Use

When you use the Services, you provide information to us. My Dietitian collects two types of information: (1) information that you provide that lets us know who you are (“Personally Identifiable Information”) and (2) information that does not by itself identify a specific individual (“Non-personally Identifiable Information”).

2. Personally Identifiable Information

You can browse the Services’ Websites without informing My Dietitian who you are or revealing any personal information about yourself. However, when you transact with us or register to open an account with My Dietitian, we ask for personal information such as your name, email address, and zip code, which we collect and use as disclosed below in this Privacy Policy. Once you submit information about yourself to the Website, you are no longer an anonymous, passive user of the Website. We may also collect additional information about you when you engage in certain activities facilitated by our Services, such as: (a) when you enter promotions or sweepstakes; (b) when you sign up for special offers; (c) when you visit the Services’ Web pages or the pages of certain My Dietitian partners; (d) when you interact with offers and advertisements; (e) when you contact us for help or customer support; (f) when you access the Services with your account; (g) when you complete a survey; or (h) when you post content or provide us with feedback. My Dietitian may also receive information about you from other sources and add it to your account information. Providing information is purely optional on your part; however, not all features and services (such as responding to your inquiries) would be available to you if you elect not to provide information. If you choose to provide us with personal information, you consent to the transfer and storage of that information.

3. Non-Personally Identifiable Information

We automatically receive and collect Non-personally Identifiable Information on our server logs from your browser, including your IP address, the Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, browser type, browser language, date and time of your query, My Dietitian cookie information, and the pages you request. This information is compiled and analyzed on both a personal and an aggregated basis. We may use third-party analytics services to collect, monitor and analyze the information collected as described above.

4. Use of Information

We will use Personally Identifiable Information primarily for the following purposes: (a) to provide you with the Services; (b) to customize the advertising and content you see; (c) fulfill any transactions, including your requests for products and services; (d) improve our Services and offerings to you; (e) conduct research; (f) provide you with support, technical or otherwise; (g) provide you with updates and notices about the Services, our Privacy Policy, and terms and conditions; (h) provide you with promotional offers, our affiliates and from third parties that may be of interest to you; and (i) provide anonymous reporting for internal and external clients. In addition, My Dietitian may use your email address to contact you under the following circumstances: to respond to your support questions, to notify you of material changes to our policies or website, to request your participation in user surveys, and to deliver products, services and marketing communications upon you request.

We will use Non-personally Identifiable Information to diagnose problems with our servers and software, to administer the Services, and to gather demographic information. Our third-party advertising networks and servers will also supply reports that will inform us how many ads were presented and clicked upon on www.mydietitian.com in a manner that does not identify personally any individual.

5. Cookies

My Dietitian may set and access My Dietitian cookies on your computer. Upon your first visit to the Website, a cookie is sent to your computer that uniquely identifies your browser. A “cookie” is a small file containing a string of characters that is sent to your computer and stored on your hard drive when you visit a website; many major Web services use them to provide useful features for their users. Each web site can send its own cookie to your browser. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent; however if you reject cookies, you will not be able to sign in to the Services or take full advantage of our Services. My Dietitian uses cookies for the following general purposes: (a) to track your preferences, such as the address or local zip code you enter; (b) to access your information when you sign in so we can provide you with your personalized content; (c) to display the most appropriate advertisements, based on your interests and activity on our web site; and (d) and to help us analyze and estimate our traffic and use of features on the Services.

We may also use “pixel tags,” which are small graphic files that allow us to monitor the use of the Services. A pixel tag can collect information such as the IP address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time (and length of time) the page containing the pixel tag was viewed; the type of browser that retrieved the pixel tag; and the identification number of any cookie previously placed by that server on your computer. We may use pixel tags, either provided by us or by our third party advertisers and ad networks, to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our sites and Services and use them in combination with our cookies to provide offers and information of interest to you.

We also may allow certain analytic services and providers of applications used on the Services (e.g. sharing buttons) to collect Non-Personally Identifiable information by placing cookies on the Services that will track certain performance of our Services, such as, web traffic, click-throughs, etc., in order to assist us and our service providers in better understanding the interests of our users and to better serve those interests.

6. Advertising

We may use other companies under separate agreements to supply advertisements when you visit and use our Services. These companies may collect and use Non-Personally Identifiable Information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your access to our Services and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie, a third party web beacon and/or pixel tags to collect this information. To learn more about this behavioral advertising practice in general and the options that you have, including your option or to opt out of this type of advertising, you can visit www.networkadvertising.org. These cookies, web beacons and pixel tags do not collect any personal information from your computer, such as your e-mail address. Other companies’ use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to My Dietitian’s cookies.

7. Targeted Advertising By My Dietitian

In order to serve offers and advertisements that may be interest to our users, we may display targeted advertisements on the Services based on Personally Identifiable Information provided by our users, including zip code and profile. We do not provide this Personally Identifiable Information to our advertisers when you interact with such an advertisement. However, please note that the advertisers (including ad serving companies) may determine based on their own analysis that a user who interacts with an advertisement targeted by My Dietitian may fit into a certain demographical category; for example, an advertiser may determine that men ages 25-34 are interacting with a certain advertisement on My Dietitian from a particular geographic area. You acknowledge that any information collected by such advertisers or advertising networks – and any options that you have with the use of such information – would be handled in accordance with the disclosures provided above in the “Advertising” section.

8. Information Sharing and Disclosure

My Dietitian does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you’ve requested, when we have your permission, or under the following circumstances: We provide the information to trusted partners who work on behalf of or with My Dietitian under confidentiality agreements. These trusted partners include companies with which My Dietitian may operate co-branded websites or web-pages to expand their services using My Dietitian’s Services. These trusted partners may use your personal information to provide services to you on our behalf, evaluate the effectiveness of the services, and to help My Dietitian communicate with you about offers from My Dietitian and our marketing partners. However, these companies do not have any independent right to share this information. We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.

We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of My Dietitian’s terms of use, or as otherwise required by law. We may transfer information about you if My Dietitian is acquired by or merged with another company. In this event, My Dietitian will post a notice on its website before information about you is transferred and becomes subject to a different privacy policy.

The sites displayed as search results or linked to by the Services are developed by people over whom My Dietitian exercises no control. These other sites may place their own cookies on your computer, collect data or solicit personal information. My Dietitian may present links in a format that enables us to understand whether they have been followed. We use this information to understand and improve the quality of My Dietitian’s search technology. For instance, this data helps us determine how often users are satisfied with the first result of a query and how often they proceed to later results.

9. Your Ability to Edit and Delete Your Account Information and Preferences

Registered users can edit their My Dietitian account information, including contact preferences, at any time from their “My Account” account management page which you can find at www.mydietitian.com/login. We may, from time to time, send you email regarding our products and services and third party products and services that may be of interest to you. You will have the opportunity to opt out of any further mailings at any time; provided, however, that we reserve the right to send you certain communications relating to the Services, such as (a) communications related to fulfilling a transaction, (b) service announcements, (c) notices regarding My Dietitian’s legal terms and this Privacy Policy; and (d) administrative messages, which are considered part of your My Dietitian account. You will not have the opportunity to opt-out of receiving such notices.

You can delete your My Dietitian registered account by requesting an account deletion via email to support@mydietitian.com. You must provide us with the email address of the registered account. After we have confirmed your request via email, we will remove access to your personal information from our user database.

10. Confidentiality and Security

We limit access to personal information about you to our employees and agents who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use many tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services.

11. Third Parties

This Privacy Policy only addresses the use and disclosure of information we collect from you. This policy does not apply to the practices of companies that My Dietitian does not own or control or to people that My Dietitian does not employ or manage. The Services may include applications, content and/or ads from third parties that may perform user activity tracking in addition to that described herein; My Dietitian accepts no responsibility for said activities. My Dietitian does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others. For more information about each such third party, please refer to the third party’s privacy policy.

12. Changes to this Privacy Policy

We may amend this Privacy Policy at any time by posting the amended terms on the Website. All amended terms automatically take effect immediately upon being posted. In addition, we will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your My Dietitian account or by placing a prominent notice on our site. If you do not agree to the changes, you may terminate your account by requesting an account deletion via email to support@mydietitian.com. You must provide us with the email address of the registered account.

My Dietitian is intended for general audiences. My Dietitian does not collect or maintain information from those that My Dietitian knows are under 13, and no part of the My Dietitian Services are targeted to attract anyone under 13.

13. California Users

If you are a California resident, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of your personal information with third parties, for the third parties’ direct marketing purposes. California law provides that you have the right to submit a request to us at the designated address and receive the following information: the categories of information we disclosed to third parties for the third parties direct marketing purposes during the preceding calendar year, the names and addresses of third parties that received such information, and if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of the products or services marketed. You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. Our designated email address for such requests is management@mydietitian.com.