Acceptance of Terms
Description of BFD Services
The Site provides Content and information and materials related to BFD products, the BFD Diet, research, meal planners, recipes, and other nutritional and dietary information as well as a variety of other services, such as promotional offers, Community forums, blogs and success stories that You may find useful, motivational and interesting (collectively the “Services”). Much of the Content and Services provided on this Site relates to a healthy lifestyle and reduced carbohydrate nutrition as a key element of a healthy lifestyle and diet, but nothing contained on the Site is intended to provide specific health care or medical advice. Should You have any health care-related questions, please call or see Your physician or other health care provider. You should never disregard medical advice or delay in seeking it because of Content and Services You may see or access here. All Content and Services provided here or accessed through the Site is provided “AS IS” and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. BFD makes no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the Content on the Site or accessed through the Site. BFD is not responsible for updating Content or Services contained here, or providing information which may be inconsistent with or critical of the BFD Diet.
Your Registration Obligations
You agree to not use the Site to:
A. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
B. harm minors in any way;
C. impersonate any person or entity;
D. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content uploaded to or transmitted through the Site;
E. upload, post, email, transmit or otherwise make available any Content that You do not have a legal right to make available to other persons;
F. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any person;
G. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
H. upload, post, email, transmit or otherwise make available any Content 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;
I. interfere with or disrupt BFD’s servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
J. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
K. “stalk” or otherwise harass another; and/or
L. solicit, collect or post personal data about other users of the Site, including user names or passwords; or attempt to access another user’s account without his or her consent.
You acknowledge that BFD may or may not pre-screen Content, but that BFD and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is uploaded, emailed, transmitted or otherwise made available on the Site. By allowing Registered Users the ability to post Content in the Community and interactive areas of the Site, We are not undertaking any responsibility, obligation or liability relating to any postings or activities in any Community or other interactive area, nor does BFD endorse any such postings. Although We reserve the right to remove, without notice, any posting for any reason, We have no obligation to pre-screen or otherwise review postings or to delete postings that You may find objectionable or offensive. We are not responsible for maintaining a copy of any Content or posting that We remove from Our Site, and We are not liable for any loss in the event that Content You post is removed.
Content Submitted or Made Available for Inclusion on the BFD Site
We do not claim ownership of Content You submit or make available for inclusion on the Site, but with respect to such Content, which may include but is not limited to photos, graphics, recipes, weight loss tips/suggestions, success stories, You grant to BFD the worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, and publicly display such Content on the Site, but only for as long as You elect to continue to include such Content on the Site. This License will terminate at the time You remove or that We remove such Content from the Site.
Contributions to BFD
By submitting ideas, suggestions, recipes, product concepts, marketing and/or sales proposals, and any other form of unsolicited contribution (“Unsolicited Contributions”) to BFD through any of the Site or otherwise, You acknowledge and agree that: (a) Your Contributions do not contain confidential or proprietary information; (b) BFD is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) BFD shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) BFD may have something similar to the Contributions already under consideration or in development; (e) Your Contributions automatically become the property of BFD without any obligation of BFD to You; and (f) You are not entitled to any compensation or reimbursement of any kind from BFD under any circumstances if BFD uses Your Unsolicited Contributions for commercial or non-commercial purposes.
You agree to indemnify and hold BFD and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content, Contributions, Unsolicited Contributions, or anything else You submit, post, transmit, modify or otherwise make available through the Site, or by Your use of the Site, or Your violation of any rights of another.
No Commercial Reuse of Content
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any material or Content of any kind You see, download or otherwise access on Ours Site.
General Practices Regarding Use and Storage
You acknowledge that We may establish general practices and limits concerning use of the Site, including the number of days that email messages, message board postings or other uploaded Content or Contributions will be retained on the Site, the maximum number of email messages that may be sent from a Registered User on the Site, and the maximum size of any email message or posting that may be sent from a Registered User.
Modifications to the Site
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site (or any part thereof).
You may terminate Your registered account, any associated email address and access to the Site by submitting such termination request by email to [email protected] or complete the form at https://www.thebabyfooddiet.com/#contact.
BFD’s Proprietary Rights
You acknowledge and agree that Content contained in or information presented to You through the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Us or the applicable licensor, in writing, You agree not to modify, sell, distribute, transmit, broadcast, or create derivative works based on such Content, in whole or in part, for any commercial use or for any other purpose whatsoever.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BFD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BFD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE; (B) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BFD SITE; (C) ANY CONTENT, CONTRIBUTIONS, UNSOLICITED CONTRIBUTIONS OR POSTINGS OF ANY KIND WHATSOEVER, OR (D) ANY OTHER MATTER RELATING TO THE BFD SITE.
You agree that all of BFD’s trademarks, trade names, service marks and other BFD logos and brand features, and product and service names are trademarks and the property of BFD (the “BFD Marks”). Without BFD’s prior written permission, You agree not to display or use in any manner the BFD Marks.
Notice and Procedure for Making Claims of Copyright or Intellectual Property
BFD respects the intellectual property of others, and we ask our users to do the same. BFD may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 BFD the following information:
A. A description of the copyrighted work or other intellectual property that You claim has been infringed;
B. A description of where the material that You claim is infringing is located on the site;
C. Your address, telephone number, and email address;
D. 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;
E. 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.
BFD’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
BFD USA, Inc.
204 West Spear Street 3908,
Carson City, NV 89703