Last Revised Jan 16, 2012
Please read the rules contained in this Agreement carefully. You can access this Agreement any time at http://www.befoodsmart.com/terms-of-use.php. Â Your use of and/or registration on any aspect of the Website will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use the Website.
Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Website, may result in suspension or termination of your access to the Website, without notice, in addition to Be Food Smart's other remedies.
The Agreement may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Agreement.
MEDICAL INFORMATION DISCLAIMER
The Website is not a forum for the exchange of medical information, advice or the promotion of self-destructive behavior (e.g., eating disorders, suicide). While you may freely discuss your troubles, you should not look to the Website for information or advice on such topics. Instead, we recommend that you talk in person with a trusted adult or a medical professional.
THE INFORMATION ON THIS WEBSITE IS PROVIDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND IS IN NO WAY INTENDED TO DIAGNOSE, CURE, OR TREAT ANY MEDICAL OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, BE FOOD SMART AND ITS THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THIS WEBSITE.
USER CONDUCT / ACCEPTABLE USE POLICY
EDITING AND DELETIONS:
Be Food Smart reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Website, bulletin boards or blog comments, in its sole discretion, without notice.
We may monitor activity on the Website, including in the bulletin boards, forums, blog posts, and chats, to foster compliance with this Agreement. All users of the Website hereby specifically agree to such monitoring. Nevertheless, we do not make any warranties or guarantees that: (1) any portion of the site will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Agreement.
FEES AND PAYMENTS
We or third parties may charge you fees for products or services offered for sale through the Website, and/or for access to portions of the Website or the Website as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website by Be Food Smart or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as "Fees"). Be Food Smart reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
If you submit your credit, debit or charge card information to Be Food Smart, you give Be Food Smart permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Be Food Smart for any reason, including charge back, Be Food Smart reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
COMMENTS BY OTHERS ARE NOT ENDORSED BY BE FOOD SMART:
Be Food Smart does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Be Food Smart or its third party providers. You agree that Be Food Smart and its third party providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
MERCHANDISE SOLD ON OR THROUGH THE WEBSITE:
Neither Be Food Smart nor its third party providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold on or through the Website. Transactions for any such item shall be between the user and the third party seller, distributor, or manufacturer without any involvement of Be Food Smart or its third party providers. You agree that Be Food Smart and its third party providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, sold, or distributed on or through the Website, including illegal, offensive or illicit items, even items that violate this Agreement.
TERMINATION OF ACCESS TO THE WEBSITE
Be Food Smart has the right to terminate and/or suspend your ability to access the Website or any portion thereof, for any or no reason, without notice.
INTELLECTUAL PROPERTY RIGHTS
All contents of the Website and services including but not limited to design, text, database, software, configurations, graphics, other files, and their selection and arrangement (â€śContentâ€ť) are: Copyright Â© 2010 Be Food Smart and/or the proprietary property of Be Food Smartâ€™s suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party websites or other networked computer environment) without the express prior written consent of Be Food Smart and/or it suppliers, affiliates, or licensors. All rights reserved.
Be Food Smart, befoodsmart.com the Be Food Smart logo, are including without limitation, may not be copied, imitated, or used, in whole or in part, without prior written permission of that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
You will indemnify and hold Be Food Smart, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (i) your breach of this agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use of the Be Food Smart services.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND BE FOOD SMART, ITS AFFILIATES AND ITS THIRD PARTY PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. BE FOOD SMART, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
BE FOOD SMART, ITS AFFILIATES AND ITS THIRD PARTY PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE BE FOOD SMART, ITS AFFILIATES AND THIRD-PARTY PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
CONTACT INFORMATION & NOTICES
Be Food Smart
Post Office Box 6301
Santa Barbara, CA 93160-6301