Nutrition-Charts.com, a limited liability company (referred to herein as “we” or “us”), owns and operates nutrition-charts.com, a web site that provides at no charge to you (referred to herein as “User” or “you”) easy access to various nutritional charts created and posted by various companies (“Charts”). Nutrition-Charts.com has no connection with the various companies that produced and posted the nutritional charts. Nutrition-Charts.com makes no warranties whatsoever regarding the charts, the companies that created the charts, the content of the charts or whether the nutritional information is current or accurate.
1. You understand that your use of the Services provided by Nutrition-Charts.com on its websites is subject to this TOU. You understand that Nutrition-Charts.com provides only the facilities for the operation of the Services. Nutrition-Charts.com does not approve or endorse any nutritional chart or restaurant. Nutrition-Charts.com does not review the background of any User.
2. In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from using the Services under the laws of the United States or other applicable jurisdiction. You also agree Nutrition-Charts.com has the right to suspend or terminate any and all current or future use of its Services without prior notice or finding of good cause for suspension or termination.
3. You understand that all information: data, text, software, music, sound, photographs, graphics, video, messages, tags, links or other materials appearing on Nutrition-Charts.com web sites (“Content”) are the sole responsibility of the person or other entity from whom such Content originated. This means that you, and not Nutrition-Charts.com, are entirely responsible for all Content that you download, transmit, print or otherwise obtain through use of the Services.
4. Nutrition-Charts.com does not control the Content of the nutritional charts and related materials available on the Nutrition-Charts.com web site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, defamatory or otherwise objectionable. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL Nutrition-Charts.com BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY OFFENSIVE, INDECENT, DEFAMATORY OR OTHERWISE OBJECTIONABLE NATURE OF ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OR VIEWING OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY USERS OF THE SERVICES.
5. You agree that you will not use our Services to:
(a) download, email, transmit or otherwise make available any Content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) download, email, transmit or otherwise make available any Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) download, email, transmit or otherwise make available any Content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) download, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(e) download, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
(f) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
6. You acknowledge that Nutrition-Charts.com may not pre-screen the Content provided as a part of its Services. You acknowledge that Nutrition-Charts.com shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content from the use of its Services. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
7. YOU AGREE TO INDEMNIFY AND HOLD Nutrition-Charts.com AND ANY ASSOCIATED ENTITIES, Nutrition-Charts.com’s MANAGERS, MEMBERS, OFFICERS, EMPLOYEES AND ITS AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (I) CONTENT YOU MADE AVAILABLE THROUGH YOUR USE OF THE SERVICES; (II) YOUR VIOLATION OF THE TOU; OR (III) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
8. You agree that Nutrition-Charts.com may, in its sole discretion and without prior notice, immediately terminate your access to the Services and that Nutrition-Charts.com shall not be liable to you or any third party for any measure taken concerning your access or use of the Services.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Nutrition-Charts.com AND ANY ASSOCIATED ENTITIES, Nutrition-Charts.com’s MANAGERS, MEMBERS, OFFICERS, EMPLOYEES AND ITS AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Nutrition-Charts.com AND ANY ASSOCIATED ENTITIES, Nutrition-Charts.com’s MANAGERS, MEMBERS, OFFICERS, EMPLOYEES AND ITS AGENTS MAKE NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) ANY ERRORS IN THE SOFTWARE USED TO PROVIDE THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY WHATSOEVER.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Nutrition-Charts.com AND ANY ASSOCIATED ENTITIES, Nutrition-Charts.com’s MANAGERS, MEMBERS, OFFICERS, EMPLOYEES AND ITS AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Nutrition-Charts.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
11. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
It is Nutrition-Charts.com’s policy in appropriate circumstances and at its discretion to disable and/or terminate the accounts of users who may be repeat infringers of the copyright and intellectual property rights of others.
Notice For Claims Of Intellectual Property Or Copyright Infringement; Agent For Notice Of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Nutrition-Charts.com the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on Nutrition-Charts.com site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; AND
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
13. GENERAL INFORMATION
The TOU constitutes the entire agreement between you and Nutrition-Charts.com concerning the Services and governs your use of the Services.
Choice of Law and Forum.
The TOU and the relationship between you and Nutrition-Charts.com shall be governed by the laws of the State of Ohio without regard to any conflict of law provisions. Unless otherwise expressly prohibited by law, You and Nutrition-Charts.com agree to submit to the personal and exclusive jurisdiction of the courts located within Stark County, Ohio.
Waiver and Severability of Terms.
The failure of Nutrition-Charts.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
14. Nutrition-Charts.com’S INTELLECTUAL PROPERTY
Users of the Services acknowledge and agree that Nutrition-Charts.com has the exclusive rights and privileges in and to the intellectual property rights of and with respect to providing the Services. Users acknowledge and agree that the provision of the Services are protected by U.S. Copyright laws, other intellectual property laws, international treaty provisions, and must be treated like any other material protected by intellectual property laws.
Users of the Services acknowledge and agree Nutrition-Charts.com has proprietary rights to its name, the name of the web site, any of its logo and service marks (the “Nutrition-Charts.com Marks”) and that the User will not use Nutrition-Charts.com Marks without Nutrition-Charts.com’s express written permission.