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This agreement (hereinafter, the "Agreement") between Calorista (hereinafter, “Calorista”, "us" or "we") and you sets forth the terms and conditions which govern your use of Calorista.com (hereinafter, “Site”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. CALORISTA MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA E-MAIL. YOUR USE OF THIS SITE FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Limited License; Use of Services.
Calorista grants to you a limited personal, non-exclusive and non-transferable right and license to access the Site. Unless otherwise specified in writing, the Site is for your personal and non-commercial use. Calorista’s Site contains, without limitation, newsletter services, forums, and various other message communication applications.
2. Prohibited Activities.
In connection with your use of the Site, you acknowledge and agree that you will not:
a. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site;
b. access the Site by any means other than through the standard industry-accepted or Calorista-provided interfaces;
c. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;
d. impersonate any person or entity, including without limitation, an Calorista official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
e. post or transmit any material that contains a virus or corrupted data;
f. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
g. use of any Site or Service's communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
h. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
i. violate any applicable local, state, national or international law;
j. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
k. delete or revise any material posted by any other person or entity;
l. manipulate or otherwise display the Site by using framing or similar navigational technology;
m. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Calorista Service if you are not expressly authorized by such party to do so; or
n. use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site in any manner that could damage, disable, overburden or impair Calorista's servers or networks, or interfere with any other user's use and enjoyment of the Site. Furthermore, you may not attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to Calorista through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
3. Review Boards and Forums.
Calorista hosts a review board and a forum on its Site. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the boards, chats or other public forums in the future. Calorista may remove or alter any user-created content at any time for any reason. Message boards and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Calorista staff, Calorista’s outside contributors, or by users not connected with Calorista, some of whom may employ anonymous user names. Calorista expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Calorista or any of its affiliates.
4. Monitoring.
Calorista has no obligation whatsoever to monitor any of the content or postings on the review boards or other public forums on the Site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves and our affiliates.
Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
5. Third Party Content.
Some of the content contained on any of the Site may be supplied by third parties and users. Accordingly, Calorista is a distributor (and not a publisher) of such content and has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Calorista. Neither Calorista nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Calorista neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Site by anyone other than an authorized Calorista representative while acting in his/her official capacity.
6. Contests and Games.
Calorista may provide contests and games on its Site. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the Web page where the contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
7. Accounts, Passwords and Security.
To participate in the Site requires you to complete the registration process by providing Calorista with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Calorista which is untrue, inaccurate, not current or incomplete, Calorista reserves the right to terminate this Agreement and your continued access and use of the Site.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Calorista immediately of any unauthorized use of your account or any other breach of security. Calorsta will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Calorista or another party due to someone else using your account or password.
8. Disclaimer Regarding Links.
The links on the Site will let you leave the Site in order to access a linked site (the "Linked Sites"). Calorista provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has Calorista reviewed or approved the content which appears on the Linked Sites. Calorista is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that Calorista 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 the use of any of the links, content, goods or services available on or through the Linked Sites.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Calorista shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
10. Proprietary Rights.
You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Calorista. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning Calorista or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, " Submission Materials") or by posting such Submission Materials on the Site, you hereby grant to us the right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to Calorista shall be fully paid-up and royalty free. In addition, under no circumstances shall Calorista have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission.
None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Calorista's part and we shall not be liable for any use or disclosure of any such Submission Materials.
11. Privacy.
Calorista's policy with respect to the collection and use of your personally identifiable information is set forth on Calorista’s Privacy Statement page. By accepting these Terms of Service, you acknowledge this policy.
12. Limitation of Liability.
CALORISTA IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE OR THE SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL CALORISTA'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITE.
13. Professional Advice Disclaimer.
THIS SITE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND CALORISTA MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
14. Indemnification.
You agree to indemnify, defend, and hold Calorista harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to Calorista or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Site. This Section shall survive in the event this Agreement is terminated for any reason.
15. Jurisdictional Issues.
Calorista makes no representation or warranty that the content and materials on the Site are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Calorista reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.
16. Termination.
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Calorista, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. You agree that any actions taken may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
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I love all of your ideas for nutritious swaps for sweets an ... -
jelaina
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For all those trying to eat healthy, low calorie foods, but find the grocery store a little overwhelming – now there’s Calorista. Calorista does the “grocery food homework” for its readers and provides ratings and reviews of the low calorie foods. With a very user friendly database, Calorista makes it quick and easy to find a delicious, light option for any craving. Now it’s a snap to know the tasty, low calorie foods BEFORE hitting the grocery store. With advanced, easy-to-use search features, users can quickly sort items by type of food, nutrients (such as protein, fiber, carbohydrates, sodium, fat or cholesterol), meal type or food category. Calorista's articles uncover the information that you need to become more informed and better equipped to achieve your weight loss and/or nutrition goals. *The Points® values for products and recipes are calculated by Calorista and are not an endorsement of Weight Watchers International, Inc., the owner of the Points® registered trademark. **Calorista is meant for INFORMATIONAL purposes only and is not intended to replace the professional advice of a physician or licensed nutritionist. The Calorista does not currently offer any specialized information for those with dietary restrictions. Consult a physician before starting any diet plan. For more information, please read Calorista’s Terms of Use. |
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© Copyright Calorista 2008 |
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