EatFit is an online diet and nutrition service that allows users to set up unique user diet plan, track their food and weight goals. The services offered by EatFit ("EatFit " or "we") include the EatFit mobile applications, websites and any other features, content, or applications offered from time to time by EatFit (collectively, the "Services").
These Terms and Conditions of Use ("Terms & Conditions") set out the legally binding terms for your use of the Services and your continued use of the Services represents your consent to these Terms & Conditions whether you are a "Visitor" (which means you simply use Services without registering) or a "Member" (which means you have a registered account). These Terms & Conditions includes EatFit’s policy for acceptable use of the Services, your rights, obligations and restrictions regarding your use of the Services and EatFit's Privacy Policy.
EatFit reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
Use of the Services is void where prohibited. You do not have to become a registered user to use some of the Services. However, if you do not register, you may be precluded from using certain elements of the Services.
By using the Services, you represent and warrant that (a) all registration information you submit is true, accurate and complete, and that you will maintain the accuracy of such information; (b) all information that you provide us in using the Services will be true, accurate and complete; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted, your use of the Services suspended and your Membership may be terminated without warning, if you provide any information that is untrue, inaccurate or incomplete or we have reasonable grounds to suspect this is the case or that you are under 13 years of age.
These Terms & Conditions shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason. EatFit may terminate your Membership at any time, without warning. Even after Membership is terminated, these Terms & Conditions will remain in effect.
While EatFit is free, you acknowledge that EatFit reserves the right to charge for the Services and to change its fees from time to time in its discretion.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify EatFit immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by EatFit. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to EatFit.
By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to EatFit, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the EatFit servers after you have removed the Content from the Services, and EatFit retains the rights to those copies. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.
The Services contain Content of EatFit ("EatFit Content"). EatFit Content is protected by copyright, trademark, patent, trade secret and other laws, and EatFit owns and retains all rights in the EatFit Content and the Services. EatFit hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the EatFit Content (excluding any software code) solely for your personal use in connection with viewing EatFit and using the Services.
The Services contain Content of Users and other EatFitlicensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.
Some of the Content may not be appropriate for children. Children under the age of 13 are not permitted to use the Services. EatFit strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before using the Services.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of EatFit to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to EatFit by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. EatFit's Copyright Agent for notice of claims of copyright infringement can be contacted at eatfitcaloriecounter@gmail.com.
Use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.
EatFit and its Services provide diet, weight loss management and nutritional information and are intended only to assist users in their personal weight loss efforts. EatFit is not a medical organization and we cannot give you medical advice or diagnosis. Nothing contained in the EatFit Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. This Services are intended for use only by healthy adult individuals. The Services are not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.
EatFit is not responsible for any incorrect or inaccurate Content posted on or in connection with the Services, whether caused by EatFit , Users of the Services or by any of the equipment or programming associated with or utilized in the Services. The Services may contain links to other websites. EatFit is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by EatFit . Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by EatFit . When you access these third-party sites, you do so at your own risk. EatFit takes no responsibility for third party advertisements which are posted on or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. EatFit is not responsible for the conduct, whether online or offline, of any User of the Services. EatFit assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. EatFit is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall EatFit be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a EatFit event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and EatFit expressly disclaims any warranty of fitness for a particular purpose or non-infringement. EatFit cannot guarantee and does not promise any specific results from use of the Services.
IN NO EVENT SHALL EatFit BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF EatFit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EatFit'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EatFit FOR THE EatFit SERVICES DURING THE TERM OF MEMBERSHIP.
These Terms & Conditions and any dispute about or involving the Services shall be governed by and construed in accordance with the laws of Republic of Belarus, without regard to conflict of law provisions. You agree that any action at law or in equity arising out of or relating to your use of the Services or these Terms & Conditions shall be filed only in the state or federal courts located in Republic of Belarus and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, provided that the foregoing shall not prevent EatFit from seeking injunctive relief in a court of competent jurisdiction.
You agree to indemnify and hold EatFit, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of these Terms & Conditions and/or arising from a breach of these Terms & Conditions and/or any breach of your representations and warranties set forth above and/or if any Content that you post on or through the Services causes EatFit to be liable to another.
These Terms & Conditions are accepted upon your use of the Services and is further affirmed by you becoming a Member. These Terms & Conditions constitute the entire agreement between you and EatFit regarding the use of the Services. The failure of EatFit to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect. These Terms & Conditions operates to the fullest extent permissible by law. If any provision of these Terms & Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions.
Please contact us at:eatfitcaloriecounter@gmail.com with any questions regarding these Terms & Conditions.
I HAVE READ THESE TERMS & CONDITIONS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.