This is our Service Agreement. "Meltdown Anti Diet" provides its services
to you subject to the Terms and Conditions contained in this Service Agreement.
If you visit or shop at the Meltdown Anti Diet websites (including, but not limited to,
meltdownantidiet.com) (individually or collectively, the "Website"),
you accept these Terms and Conditions.
The information presented on this Website is in no way intended as medical advice
or as a substitute for medical treatment. This information should only be used in
conjunction with the guidance and care of your physician. Consult your physician
before beginning any diet, nutrition, or fitness plan offered through the Website.
Your physician should allow for proper follow-up visits and individualize your diet,
nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website
is intended to be a substitute for professional medical advice, diagnosis, or treatment.
Always seek the advice of your physician or other qualified health care provider
if you have any questions regarding a medical condition, your diet, nutritional
supplements, an exercise regimen, or any other matter related to your health and
well-being.
If you do not agree to be bound by all of these Terms and Conditions, please do
not use or access this Website. Meltdown Anti Diet reserves the right to refuse or cancel
your account. We also reserve the right to cancel your membership should you violate
any provision of these Terms and Conditions, or any other posted policy on the Website.
The contents of this Website, including the text, graphics, images, and information
obtained from Meltdown Anti Diet's third-party content providers, sponsors, suppliers,
and licensors (collectively "Providers"), and any other materials are
to be used for informational purposes only.
MEDICAL AGREEMENT
THE FITNESS, NUTRITION, AND RELATED INFORMATION AND RECOMMENDATIONS PROVIDED BY
THE MELTDOWN ANTI DIET IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A
SUBSTITUTE FOR MEDICAL ADVICE FROM YOUR HEALTH CARE PROVIDER. THE MELTDOWN ANTI DIET
NOR ITS PARENT COMPANY IS A MEDICAL ORGANIZATION. WE ENCOURAGE AND ADVISE
YOU TO SEEK PROFESSIONAL MEDICAL ADVICE BEFORE BEGINNING ANY FITNESS OR
NUTRITION EFFORT OR PROGRAM. DO NOT START A DIET OR FITNESS ROUTINE WITH US IF
YOUR HEALTH CARE PROVIDER ADVISES AGAINST IT. OUR STAFF CANNOT PROVIDE YOU WITH
MEDICAL ADVICE OR DIAGNOSIS. NOTHING THAT YOU MAY READ ON THIS SITE OR THAT IS
OTHERWISE PROVIDED TO YOU BY OUR STAFF SHOULD BE CONSTRUED AS SUCH ADVICE OR
DIAGNOSIS. SUCH INFORMATION IS NOT A SUBSTITUTE FOR PHYSICIAN CONSULTATION,
EVALUATION, OR TREATMENT. THIS SITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT
INDIVIDUALS OVER 18 YEARS OF AGE.
In becoming a member with the intent of using this Service, you affirm that
either (A) all of the following statements are true: (i) no physician has ever
informed you that you have a heart condition or that you should only do physical
activities recommended by a physician; (ii) you have never felt chest pain when
engaging in physical activity; (iii) you have not experienced chest pain when
not engaged in physical activity at any time within the past month; (iv) you
have never lost your balance because of dizziness and you have never lost
consciousness; (v) you do not have a bone or joint problem that could be made
worse by a change in your physical activity; (vi) your physician is not
currently prescribing drugs for your blood pressure or heart condition; (vii)
you do not have a history of high blood pressure, and no one in your immediate
family has a history of high blood pressure or heart problems; and (viii) you do
not know of any other reason you should not exercise; or (B) your physician has
specifically approved of your use of the Meltdown Anti Diet.
And if you are a woman, in becoming a Member with the intent of using the Meltdown Anti Diet
you further affirm that either (A) you are not pregnant,
breastfeeding or lactating or (B) your physician has specifically approved your
use of the Meltdown Anti Diet.
You are advised that health, diet and fitness advice is often subject to change
due to medical research and developments. No assurance can be given that the
Meltdown Anti Diet will reflect the most recent findings or developments with
respect to the particular material. You are encouraged to consult with your
health care provider with any questions or concerns you may have regarding any
health condition.
PARENTAL OR GUARDIAN PERMISSION.
You must be 18 years or older to purchase any product or service offered on or
through the Website. Some of the content on the Website may not be appropriate for
children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We
strongly recommend that children between the ages of 13 and 18 ask for their parent's
or guardian's permission before viewing the Website.
PRIVACY.
Please review our Privacy Policy, which also governs your visit to the Website,
to understand our privacy practices.
COMMUNICATIONS.
When you visit the Website or send emails to us, you are communicating with us
electronically. You consent to receive communications (including legal notices)
from us electronically. We will communicate with you by email or by posting notices
on the Website. You agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement that such communications
be in writing. Meltdown Anti Diet may also deliver communications to you electronically.
In addition, Meltdown Anti Diet may deliver communications (including legal notices)
to you at the street address provided in your Meltdown Anti Diet membership account.
Finally, Meltdown Anti Diet may deliver communications to you by any means set forth
in any other Meltdown Anti Diet policy or notice published on the Website.
LICENSE AND SITE ACCESS.
Meltdown Anti Diet grants you a limited license to access and make personal use of the
Website and you may not download (other than page caching) or modify it, or any
portion of it, without the express written consent of Meltdown Anti Diet. This license
does not include any resale or commercial use of the Website or its contents; any
collection and use of any product listings, descriptions, or prices; any derivative
use of the Website or its contents; or any use of data mining, robots, or similar
data gathering and extraction tools. The Website or any portion thereof may not
be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any
commercial purpose without express written consent of Meltdown Anti Diet. You may not
frame or utilize any framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of Zero Impact
Diet without our express written consent. You may not use any metatags or any other
hidden text utilizing Meltdown Anti Diet's name or trademarks without the express
written consent of Meltdown Anti Diet. Any unauthorized use terminates the permission
or license granted by Meltdown Anti Diet. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of the Website so long as the link
does not portray Meltdown Anti Diet, its affiliates, or their products or services in
a false, misleading, derogatory, or otherwise offensive manner. You may not use
any Meltdown Anti Diet logo or other proprietary graphic or trademark as part of the
link without express written permission.
YOUR MEMBERSHIP ACCOUNT.
If you use the Website, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. Meltdown Anti Diet and its affiliates reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Memberships are non-transferable. You agree to (a) maintain all equipment necessary
for your access to and use of the Website; (b) maintain the security of your user
identification, password, Personal Information (as defined in our Website Privacy
Policy), and any other confidential information relating to your Meltdown Anti Diet account;
(c) take responsibility for all charges resulting from use of your Meltdown Anti Diet
account, including unauthorized use prior to your notifying Meltdown Anti Diet of such
unauthorized use and taking the legal steps to prevent its further occurrence by
contacting us to change your password; and (d) update your Personal Information
(as defined in our Website Privacy Policy), including email address, as appropriate.
CONTACTING Meltdown Anti Diet.
You may contact us by email to info@meltdownantidiet.com (provide your first and last
name and user name; we will not open your email if it contains an attachment); by
mail to Meltdown Anti Diet, LLC, 250 N. Westlake Blvd., Ste 220, Westlake Village, CA
91362 (provide your first and last name, user name, and email address); or by phone
at 877.436.8348.
DISCLAIMERS AND LIMITATION OF LIABILITY.
Users of the Website (individually and collectively, "User") expressly
agree that use of the Website is at User's sole risk. Neither Meltdown Anti Diet,
nor its employees or Providers, warrant that the Website will be uninterrupted or
error-free; nor do they warrant or make any representation regarding the use of
the information provided on the Website or the results that may be obtained from
the use of the information provided on the Website, or as to the accuracy, reliability,
or currency of any information, content, service, or merchandise provided through
the Website. Meltdown Anti Diet does not endorse, recommend, or sponsor and is not affiliated
with any individuals or entities listed or linked to on the Website unless that
fact is expressly stated. The listing of any individual or entity does not constitute
a medical referral of any kind. Users are advised to exercise their own further
informed review, judgment, and evaluation in the selection of any and all medical
professionals and health information.
THE WEBSITE IS PROVIDED BY MELTDOWN ANTI DIET ON AN "AS IS" AND "AS AVAILABLE"
BASIS. MELTDOWN ANTI DIET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS,
PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, MELTDOWN ANTI DIET DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL MELTDOWN ANTI DIET OR
PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS
INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY
WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE
INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE,
EVEN IF MELTDOWN ANTI DIET IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT SHALL MELTDOWN ANTI DIET'S LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT
OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION
GIVEN BY MELTDOWN ANTI DIET, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL
USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall Meltdown Anti Diet or any other party involved in creating,
producing, or distributing the Website be liable for any direct, indirect, incidental,
special, or consequential damages that result from the use of or inability to use
the Website, including but not limited to the results from mistakes, omissions,
interruptions, deletion of files or email, errors, defects, viruses, delays in operation
or transmission, or any failure of performance, whether or not resulting from acts
of God, communications failure, theft, destruction, or unauthorized access to the
Website's records, programs, or services. User acknowledges that this paragraph
shall apply to all content, merchandise, and services available through the Website.
In those states that do not allow the exclusion or limitation of liability for consequential
or incidental damages, liability is limited to the fullest extent permitted by law.
THIRD-PARTY CONTENT.
The Website contains information, data, software, photographs, graphs, videos, typefaces,
graphics, audio and other material (collectively "Content"). Regarding
the Content supplied by Users or parties other than Meltdown Anti Diet, Meltdown Anti Diet
is a distributor and not a publisher. Meltdown Anti Diet has no more editorial control
over such third-party or User Content than does a public library or newsstand. Any
opinions, advice, statements, services, offers, or other information that constitutes
part of Content expressed or made available by third parties and not by Zero Impact
Diet are those of the respective authors or distributors and not of Meltdown Anti Diet.
Neither Meltdown Anti Diet nor any third party, including any Provider, or any User of
the Website, guarantees the accuracy, completeness, or usefulness of any Content,
nor its merchantability or fitness for any particular purpose. In many instances,
the Content available through the Website represents the opinions and judgments
of the respective Provider or User not under contract with meltdownantidiet.com. Zero Impact
Diet neither endorses nor is responsible for the accuracy or reliability of any
opinion, advice, or statement made on the Website by anyone other than authorized
Meltdown Anti Diet employees. Under no circumstances shall Meltdown Anti Diet be liable for
any loss, damage or harm caused by a User's reliance on information obtained
through the Website. It is the responsibility of a User to evaluate the information,
opinion, advice or other Content available through the Website.
ONLINE CONDUCT.
User agrees to use the Website only for lawful purposes. User is prohibited from
posting on or transmitting through the Website any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful,
racially, ethnically, or otherwise objectionable material of any kind, including
but not limited to any material that encourages conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise violate any applicable
local, state, national, or international law or regulation. If Meltdown Anti Diet is
notified of allegedly infringing, defamatory, damaging, illegal, or offensive content
provided by User, Meltdown Anti Diet may investigate the allegation and determine in
its sole discretion whether to remove or request the removal of such content from
the Website. Meltdown Anti Diet may disclose any content or electronic communication
of any kind: (i) to satisfy any law, regulation, or government request; (ii) if
such disclosure is necessary or appropriate to operate the Website; or (iii) to
protect the rights or property of Meltdown Anti Diet, its Users or Providers. Zero Impact
Diet reserves the right to prohibit conduct, communication, or content that it deems
in its sole discretion to be harmful to individual Users, the Website, or any rights
of Meltdown Anti Diet or any third party, or to violate any applicable law. Notwithstanding
the foregoing, neither Meltdown Anti Diet nor its Providers can ensure prompt removal
of questionable content after online posting. Accordingly, neither Meltdown Anti Diet,
nor Providers shall assume liability for any action or inaction with respect to
conduct, communication, or content on the Website.
LINKS TO OTHER SITES.
The Website may reference or link to third-party sites throughout the World Wide
Web. Meltdown Anti Diet has no control over these third-party sites or the content within
them. Meltdown Anti Diet cannot and does not guarantee, represent or warrant that the
content contained in these third-party sites is accurate, legal, or inoffensive.
Meltdown Anti Diet does not endorse the content of any third-party site, nor do we warrant
that they will not contain viruses or otherwise impact your computer. Meltdown Anti Diet
does not assume any responsibility or liability for the actions, product, services,
and content of all these and any other third parties. If you choose to link to or
use a third-party website, you should carefully review such third party's privacy
statement and other terms and conditions of use. By using the Website to search
for or link to another third-party site, you agree and understand that you may not
make any claim against Meltdown Anti Diet for any damages or losses, whatsoever, resulting
from your use of the Website to obtain search results or to link to another site.
COPYRIGHTS.
Copyright © meltdownantidiet.com, Inc. 2011. All materials and contents contained in
the Website (including but not limited to the text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations and software), and the
Website itself, are copyrighted materials belonging exclusively to Meltdown Anti Diet
or its content suppliers and are protected by United States and international copyright
law. Meltdown Anti Diet enforces its copyright interests to the fullest extent permitted
under the law, and shall seek civil and criminal remedies where appropriate, including
the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code.
All rights are reserved.
TRADEMARKS.
Meltdown Anti Diet, meltdownantidiet.com, and EXERSPY and the related logos and other marks
indicated on our Website are the exclusive property and trademarks of Meltdown Anti Diet,
LLC. Meltdown Anti Diet reserves all rights, including all rights applicable under the
U.S. and international trademark laws, including, without limitation Section 1125
of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned
by Meltdown Anti Diet that appear on this Website are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by Zero Impact
Diet.
INDEMNITY.
You agree to defend, indemnify, and hold Meltdown Anti Diet and Providers harmless from
and against any claims, actions or demands, liabilities and settlements including
without limitation, reasonable legal and accounting fees, resulting from, or alleged
to result from, your violation of these Terms and Conditions.
APPLICABLE LAW.
The Website is created and controlled by Meltdown Anti Diet in the State of California.
As such, the laws of the State of California will govern these disclaimers, terms
and conditions, without giving effect to any principles of conflicts of laws. Zero Impact
Diet reserves the right to make changes to its Website and these disclaimers, terms
and conditions at any time. User hereby irrevocably and unconditionally consents
to submit to the jurisdiction of the State of California for any litigation arising
out of or relating to use of or purchase made through the Website (and agrees not
to commence any litigation relating thereto except in such courts), waives any objection
to the laying of venue of any such litigation in the California courts and agrees
not to plead or claim in any California court that such litigation brought therein
has been brought in an inconvenient forum.
MISCELLANEOUS TERMS.
In any action against us arising from the use of this Website, the prevailing party
shall be entitled to recover all legal expenses incurred in connection with the
action, including but not limited to its costs, both taxable and non-taxable, and
reasonable attorney's fees. Meltdown Anti Diet reserves the right to make changes
to the Website, these policies, and these Terms and Conditions at any time, effective
immediately upon the posting on this Website. Please check these Terms and Conditions
periodically. In addition, these Terms & Conditions may be modified only by
our posting of changes to these Terms & Conditions on this Website, or by signed,
written agreement of both parties. Each time you access this Website, you will be
deemed to have accepted any such changes. If any of these terms and conditions shall
be deemed invalid, void, or for any reason unenforceable, that term or condition
shall be deemed severable and shall not affect the validity and enforceability of
any remaining terms and conditions. These Terms & Conditions are the entire
agreement between you and us relating to the subject matter herein. We may assign
our rights and obligations under these Terms & Conditions. These Terms &
Conditions will inure to the benefit of our successors, assigns, and licensees.
The failure of either party to insist upon or enforce the strict performance of
the other party with respect to any provision of these Terms & Conditions, or
to exercise any right under the Terms & Conditions, will not be construed as
a waiver or relinquishment to any extent of such party's right to assert or
rely upon any such provision or right in that or any other instance; rather, the
same will be and remain in full force and effect. Unsolicited Idea Submission Policy
Meltdown Anti Diet, LLC. ("Meltdown Anti Diet "), and/or any of its employees, do
not accept or consider unsolicited ideas, including ideas for new advertising campaigns,
new promotions, new or improved products or technologies, product enhancements,
processes, materials, marketing plans or new product names. Please do not send any
original creative artwork, suggestions, or other works. The sole purpose of this
policy is to avoid potential misunderstandings or disputes when Meltdown Anti Diet's
products or marketing strategies might seem similar to ideas submitted to meltdownantidiet.com.
So, please do not send your unsolicited ideas to Meltdown Anti Diet or anyone
at Meltdown Anti Diet. If, despite our request that you not send us your ideas, you still
send them, then regardless of what your letter, fax, or e-mail says, the following
terms shall apply to your idea submission. Terms of Idea Submission You agree that:
(1) your ideas will automatically become the property of Meltdown Anti Diet, without
compensation to you, and (2) Meltdown Anti Diet can use the ideas for any purpose and
in any way, even give them to others. Product and/or Service Feedback Meltdown Anti Diet
does, however, welcome your feedback regarding many areas of Meltdown Anti Diet's
existing business. If you want to send us your feedback, and we hope you do, we
simply request that you send us an email to . Please provide
only specific feedback on Meltdown Anti Diet's existing products or marketing strategies;
do not include any ideas that Meltdown Anti Diet's policy will not permit it to accept
or consider. Feedback and Information Any feedback you provide at this site shall
be deemed to be non-confidential. Meltdown Anti Diet shall be free to use such information
on an unrestricted basis.