使用条款和条件

Acceptance of Terms
The following terms of use are terms and conditions of a legal agreement between You and BFD USA Inc. (“BFD”, or “We” or “Our”). By accessing, browsing and/or using this website, or any website owned or controlled by BFD, as listed below, You acknowledge that You have read, understood, and agree, to be bound by these terms of use and to comply with all applicable laws and regulations. If You do not agree to these terms, do not use the BFD website. The Content (as defined in Section 7 below) provided on the Site is protected by law, including, but not limited to, United States Copyright Law. Persons who choose to access Our website (https://www.thebabyfooddiet.com) from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

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
There is no cost to become a registered user on our Site, and You do not have to become a registered user to use Our Site. However, if You do not become a registered user, you will not have access to all the Content or Services available on Our Site. You must register to receive Our Newsletter.  In consideration of Your use of the Site, You agree to be legally bound by these Terms of Use and policies applicable to using Our Site, including but not limited to Our Privacy Policy. You also agree to: (a) provide true, accurate, current and complete information about Yourself if You elect to become a registered user (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any Registration Data that is untrue, inaccurate, not current or incomplete, and if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of or access to the Site (or any portion thereof).

BFD Privacy Policy
Registration Data and certain other non-personally identifying information about You are subject to our Privacy Policy. For more information, see the full Privacy Policy on the BFD homepage at https://www.thebabyfooddiet.com/privacy-policy/. You understand that through Your use the Site You consent to the collection and use of personal information (as set forth in Our Privacy Policy).

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.

Indemnity
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).

Termination
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.

You agree that We may, without prior notice, immediately terminate, limit Your access to or suspend Your registered account, any associated email address, and access to the Site for cause. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of these Terms of Use, (b) requests by law enforcement or other government agencies, (c) unexpected technical or security issues or problems and/or (d) engagement by You in fraudulent or illegal activities. Further, You agree that all terminations, limitations of access and suspensions for cause shall be made in Our sole discretion and that We shall not be liable to You or any third party for any termination of Your account, any associated email address, or access to the Site.

Links
The Site may provide links to other World Wide Web sites or to websites of third parties. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.  The BFD Meal Tracker facility is operated for BFD by SparkPeople, Inc. and contains content and programs owned by SparkPeople, Inc. Your use of the Meal Tracker and other fitness and healthy lifestyle programs provided by SparkPeople, Inc. are subject to the standard SparkPeople Terms of Use as well as the SparkPeople Privacy Policy.

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.
C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BFD OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

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.

Trademark Information
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
[email protected]

General Information
Choice of Law and Forum. You and BFD each agree that these Terms of Use and the relationship between the parties shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Use, or the relationship between You and BFD , shall be brought exclusively in a state of federal court located in the City and County of Denver, Colorado, and You and BFD agree to submit to the personal jurisdiction of such courts and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

You may contact us by email, [email protected] or complete the form at https://www.thebabyfooddiet.com/#contact.

All rights reserved. © 2024 The Baby Food Diet

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