Legal

LEGAL

The information on this website is solely for informational purposes. IT IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. Diet Track, LLC does not take responsibility for any possible consequences from any treatment, procedure, exercise, dietary modification, action or application of medication which results from reading or following the information contained on this website. This information does not constitute the practice of medicine, and this information does not replace the advice of your physician or other health care provider. Before undertaking any course of treatment, seek the advice of their physician or other health care provider.

TERMS OF SERVICE

IF YOU DOWNLOAD THE SOFTWARE AND/OR USE THE WEIGHT SNAP SOFTWARE OR ANY INCLUDED DOCUMENTATION (together the “Software”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (the “Agreement”), AND THIS WILL BE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DIET TRACK, LLC (“Diet Track”). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD UNINSTALL THE SOFTWARE. References in this Agreement to “you” or “your” refer to both you and any person or entity on whose behalf you act, if any.

  1. Grant Of License. Subject to the terms and conditions of this Agreement, Diet Track hereby grants to you a personal, non-transferable and nonexclusive license to install and use the Software on a single iPhone device solely for the purposes of your personal and non-commercial weight, body measurement, food, and water tracking use. Diet Track reserves the right to discontinue all or part of the Software with or without notice at any time. All rights Software with or without notice at any time. All rights not expressly granted hereunder are reserved by Diet Track. Diet Track and its licensors retain all ownership of the Software, including, but not by way of limitation, any images, algorithms, photographs, animations, video, audio, music and text incorporated in the Software and all content displayed by the Software.
  2. Software Use Restrictions. You shall not sublicense distribute, lease, loan or otherwise convey the Software or any portion thereof to anyone. You shall not modify the Software, incorporate the Software in whole or in part in any other product or create derivative works based on all or part of the Software. You shall not remove any copyright, trademark, proprietary rights, declaimer or warning notice included on or embedded in any part of the Software. You shall not sub-license, or charge others to use or access the Software. You shall not use the Software in connection with a service bureau, time sharing or fee-for service arrangement with third parties. Except to the extent required by applicable local law, you shall not reverse assemble, decompile or disassemble or reverse assemble, decompile or disassemble or otherwise reverse engineer any portion of the Software. If you dispose of any media embodying Software, you will ensure that you have completely erased or otherwise destroyed any Software stored on such media. THE SOFTWARE IS NOT DESIGNED NOR INTENDED FOR USE IN ANY SITUATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH OR BODILY INJURY OF ANY TYPE TO ANY PERSONS.
  3. Assumption of Risk. You acknowledge and agree that no medical advice is provided through the Software and that you are using the Software at your own risk. The Software is intended for informational and educational use only and cannot be used to schedule or plan procedures, medication or supplements usage; or anything where accuracy is required. Please consult your health care provider for any health concerns. You agree that Diet Track will incur no legal or moral liabilities to you or anyone else for your use of the Software or reliance on any information produced by the Software.
  4. Data.  By inputting or submitting data or content to the Software, you automatically represent and warrant to Diet Track that the owner of such content has expressly granted Diet Track a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the data or content in any media or medium, or any form, format, or forum now known or hereafter developed. Diet Track may sublicense its rights through multiple tiers of sub licenses. Diet Track may combine any information you provide with information from other users to create aggregated data to display on the Weight Snap website. This information may also be disclosed to third parties. Aggregated data does not contain any information that could be used to contact you, identify you, or associate any health condition with you personally.
  5. Disclaimer of Warranty. DIET TRACK PROVIDES THE SOFTWARE TO YOU “AS IS”, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DIET TRACK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTY THAT THE INFORMATION PROVIDED BY THE SOFTWARE IS ACCURATE, COMPLETE OR UP-TO-DATE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DIET TRACK EMPLOYEE, REPRESENTATIVE OR DISTRIBUTOR SHALL CREATE A WARRANTY FOR THE SOFTWARE, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. DIET TRACK’S LICENSORS EXPLICITLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SOFTWARE.
  6. Limitation Of Liability. IN NO EVENT SHALL DIET TRACK OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND, PERSONAL INJURY/WRONGFUL DEATH (INCLUDING WITHOUT LIMITATION THE COST OF COVER, DAMAGES ARISING FROM LOSS OF DATA, USE, PROFITS OR GOODWILL), WHETHER OR NOT DIET TRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. DIET TRACK’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT AND/OR YOUR USE OR POSSESSION OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY CLAIMS IN TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE, AND FOR ANY AND ALL CLAIMS COMBINED, WILL NOT EXCEED THE FEE YOU PAID FOR YOUR LICENSE TO THE SOFTWARE.  By using the Software you agree to indemnify and hold Diet Track, its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses. damages, liabilities, claims demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Software.
  7. Termination and Cancellation.  Either you or Diet Track may terminate or cancel your use and/or access to the Software at any time with or without cause. You understand and agree that stopping your access to or usage of the Software is your sow right and remedy with respect to any dispute with Diet Track.
  8. General. This Agreement supersedes all proposals, oral or written, all negotiations, conversations, discussions and all past course of dealing between you and Diet Track relating to the Software or the terms of its license to you. Modifications of this agreement may be published to the Software and your continued use of the Software indicates your acceptance of the modified Terms of Use. In the event any term of this Agreement is held by a court of competent jurisdiction not to be enforceable, the remaining terms shall survive and be enforced to the maximum extent permissible by law. No waiver of any right or obligation contained herein shall be given except in writing signed by the party against whom the waiver is sought to be enforced. If any of the provisions of this Agreement are held to be invalid under any applicable statute or regulation, such invalid provisions shall be severed from this Agreement and the remaining provisions of this Agreement shall be interpreted so as best to reasonably effect the intent of this Agreement. The parties further agree to replace any such invalid or unenforceable provisions with valid and enforceable provisions designed to achieve, to the maximum extent possible, the business purposes and intent of such invalid or unenforceable provisions. Neither this Agreement nor the licenses granted herein are transferable by you without the prior written consent of Diet Track. Diet Track may assign this Agreement, in whole or in part. For purposes of this Agreement, transfer of rights by you pursuant to a merger, acquisition or by operation of law shall be deemed to be an assignment. This Agreement shall inure to the benefit of the parties and the permitted successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law.

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