TERMS AND CONDITIONS OF USE
Marthaâ€™s Vineyard Diet Detox Inc. (“MV Diet Detox”) provides its services to you subject to the following Terms and Conditions. If you visit or shop at “MV Diet Detoxâ€™â€™ website, you accept these Terms and Conditions. If you do not agree to be bound by all of these Terms and Conditions of use, please do not use or access this site.
MV Diet Detox grants to you a limited personal, non-exclusive and non-transferable right and license to access the web site (hereinafter referred to as “web site”, “site”, and or “sites”) and the services thereon. Unless otherwise specified in writing, the services are for your personal and non-commercial use.
The contents of this site, including the text, graphics, images, information obtained from MV Diet Detox third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”) and other material are to be used for informational purposes only. The information presented on this site is in no way intended as medical advice or as a substitute for medical treatment. This information should be used in conjunction with the guidance and care of your physician, especially if you are taking medications, including diuretics or medication for diabetes. Whether or not you are at your goal weight, consult your physician before beginning the MV Diet Detox as you would with any nutritional plan. Your physician should perform baseline laboratory tests to allow for proper follow-up and to individualize your personal levels and goals. As with any plan, the weight-loss phases of the MV Diet Detox should not be used by patients on dialysis or by pregnant or nursing women.
Nothing stated or presented on this site 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.
When you visit our web site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. 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.
LICENSE AND SITE ACCESS
MV Diet Detox grants you a limited license to access and make personal use of this site and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of MV Diet Detox. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of MV Diet Detox. 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 MV Diet Detox without our express written consent. You may not use any metatags or any other hidden text utilizing MV Diet Detox name or trademarks without the express written consent of MV Diet Detox. Any unauthorized use terminates the permission or license granted by MV Diet Detox. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MV Diet Detox web site so long as the link does not portray MV Diet Detox, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any MV Diet Detox logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, 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. MV Diet Detox and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
DISCLAIMERS AND LIMITATION OF LIABILITY
Users of this site (“User”) expressly agree that use of this site is at User’s sole risk. Neither Marthaâ€™s Vineyard Diet Detox, Inc., nor its affiliates or subsidiaries, nor any of their officers, directors, employees, representatives or agents (collectively “MV Diet Detox”), nor Providers warrant that this site will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on this site or the results that may be obtained from the use of the information provided on this site, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this site.
MV Diet Detox does not endorse, recommend or sponsor and is not affiliated with any individuals or entities listed or linked to on this site 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.
THIS SITE IS PROVIDED BY MV DIET DETOX ON AN “AS IS” AND “AS AVAILABLE” BASIS. MV DIET DETOX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MV DIET DETOX 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 MV DIET DETOX 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 THIS WEB SITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THIS SITE, EVEN IF MV DIET DETOX IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MV DIET DETOX 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 MV DIET DETOX, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall MV Diet Detox or any other party involved in creating, producing, or distributing this Web site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Web site, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, 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 this site’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through this Web site. 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.
BILLING AND TRANSACTION POLICIES
Certain products or Services may be offered for sale on the web site. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by MV Diet Detox or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide MV Diet Detox or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Some Services offered by MV Diet Detox are subscription-based services. If you open a subscription-based account with any of MV Diet Detox’s Sites, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. MV Diet Detox reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason.
Please note that we only accept credit card payments and do not accept debit card payments at this time. You agree to notify MV Diet Detox immediately in writing or via email if you discover that the card number you provided to MV Diet Detox when you signed up for membership is actually a debit card number.
This Web site contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively “Content”). In the Content supplied by Users or third parties other than MV Diet Detox, MV Diet Detox is a distributor and not a publisher. MV Diet Detox 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 MV Diet Detox are those of the respective authors or distributors and not of MV Diet Detox. Neither MV Diet Detox nor any third party, including any Provider, or any User of this Web site, 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 this site represents the opinions and judgments of the respective Provider or User not under contract with MV Diet Detox. MV Diet Detox neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on this site by anyone other than authorized MV Diet Detox’ employees. Under no circumstances shall MV Diet Detox be liable for any loss, damage or harm caused by a User’s reliance on information obtained through this site. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through this site.
User agrees to use this Web site only for lawful purposes. User is prohibited from posting on or transmitting through this site 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.
If MV Diet Detox is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, MV Diet Detox may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Web site. MV Diet Detox 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 Web site; or (iii) to protect the rights or property of MV Diet Detox, its Users or Providers.
MV Diet Detox reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, this site, or any rights of MV Diet Detox or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither MV Diet Detox nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither MV Diet Detox, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on this Web site.
ACCOUNTS, PASSWORDS AND SECURITY.
If any of the Sites or Services require you to open an account, you must complete the registration process by providing MV Diet Detox with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to MV Diet Detox which is untrue, inaccurate, not current or incomplete, MV Diet Detox reserves the right to terminate this Agreement and your continued access and use of the Sites and/or the Services.
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 MV Diet Detox immediately of any unauthorized use of your account or any other breach of security. MV Diet Detox 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 MV Diet Detox or another party due to someone else using your account or password.
LINKS TO OTHER SITES
This site may reference or link to third-party sites throughout the World Wide Web. MV Diet Detox has no control over these sites or the content within them. MV Diet Detox cannot and does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. MV Diet Detox 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. MV Diet Detox does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use. By using this site to search for or link to another site, you agree and understand that you may not make any claim against MV Diet Detox for any damages or losses, whatsoever, resulting from your use of this site to obtain search results or to link to another site.
COPYRIGHTS and INTELLECTUAL PROPERTY
copyright (c) 2005 Marthaâ€™s Vineyard Diet Detox, Inc. All materials and contents contained in this Web site (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Web site itself, are copyrighted materials belonging exclusively to Marthaâ€™s Vineyard Diet Detox, Inc. or its content suppliers and are protected by United States and international copyright law. Marthaâ€™s Vineyard Diet Detox, Inc. 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.
You acknowledge and agree that the web site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of MV Diet Detox or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning MV Diet Detox 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 Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), 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 MV Diet Detox shall be fully paid-up and royalty free. In addition, under no circumstances shall MV Diet Detox have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of MV Diet Detox’s business through a merger, sale or transfer of all or substantially all of the assets of MV Diet Detox, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers.
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 MV Diet Detox’s part and we shall not be liable for any use or disclosure of any such Submission Materials.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by MV Diet Detox infringe your copyright, you, or your agent may send to MV Diet Detox a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon MV Diet Detox actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to MV Diet Detox a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
All trademarks, logos and other marks indicated on our site are the exclusive property and trademarks of Marthaâ€™s Vineyard Diet Detox, Inc. Marthaâ€™s Vineyard Diet Detox, Inc. 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 MV Diet Detox that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MV Diet Detox.
You agree to defend, indemnify, and hold MV Diet Detox 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.
This site is created and controlled by MV Diet Detox in the Commonwealth of Massachusetts. As such, the laws of the Commonwealth of Massachusetts will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. MV Diet Detox reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the Commonwealth of Massachusetts for any litigation arising out of or relating to use of or purchase made through this site (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 Massachusetts courts and agrees not to plead or claim in any Massachusetts court that such litigation brought therein has been brought in an inconvenient forum.
MODIFICATION, AND SEVERABILITY
MV Diet Detox reserves the right to make changes to our site, policies, and these Terms and Conditions at any time, effective immediately upon the posting on this site. Please check this page of the site periodically. 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 condition.