Terms & Conditions
Version: February 2012
Welcome to the MakeMyPlate website (the "Site") provided to you by MakeMyPlate, Ltd. (which will be referred to herein as either “MakeMyPlate”, “we”, “us” or “our”). The Site and any related services, modules, functions, software or platforms (collectively, the “Services”) were created by us to serve as helpful tools to help you design your diet, as well as receive and share related information. These MakeMyPlate Terms & Conditions (the “Terms”) constitute a set of rules by which we operate such Services.
- REGISTRATION AND ACCESS
In order to access some of the Services we offer, you must first register to become a member by providing complete information requested and setting up a username and password. While setting up an account is not mandatory, it will allow you save the information you have created on the Site for future access. The information provided can be updated at any time by accessing the "Update Details" page here.
As a Site member, you are solely responsible for your account activity and can easily choose which information you would like shared by selecting your level of privacy for the various portions of your account. We urge you to keep your account password secure and to always log-off from the Services when leaving your computer unattended. Notify us immediately in case of unauthorized use of your account or of any related security breach.
THE SITE AND RELATED SERVICES ARE OFFERED SOLELY AS A DIETARY DATA MANAGEMENT TOOL INTENDED TO ASSIST OUR MEMBERS AND DO NOT, IN ANY WAY, CONSTITUTE MEDICAL ADVICE OR A SUBSTITUTE FOR SEEKING PROFESSIONAL ADVICE OR SERVICES.
We emphasize that we are not in any way a medical organization and cannot give out medical advice or diagnosis. You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. This Site is intended for use only by healthy individuals. Individuals with any kind of health condition are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen. We also urge you never to disregard, avoid or delay obtaining medical advice from your physician or other qualified health care provider because of something you have read on this Site or due to your use of the Services.
- OWNERSHIP OF THE SERVICE
The underlying platforms of the Services are either the proprietary property of MakeMyPlate or the proprietary property of our licensors or licensees. By subscribing to our Services, MakeMyPlate grants you a personal, revocable, non-assignable, and non-exclusive license to access and use the Services and the material provided hereon, provided that you comply fully with the provisions of these Terms.
You acknowledge that the Site may contain information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
All trademarks appearing on this Website are trademarks of their respective owners. “MakeMyPlate” and other MakeMyPlate trademarks, slogans, service marks, trade names, and trade dress which appear via the Service are proprietary to MakeMyPlate. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which are made available on this Site. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is copied to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
- ACCOUNT CONTENT AND USE OF SERVICES
You shall be solely responsible for the Content you (or any of your authorized users) transmit or submit through the Site or the Services. You expressly agree that your use of the Services and your Content will not: (1) be defamatory, libelous, abusive, or obscene, including, without limitation, include material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringe on the copyright or any other proprietary right of any third-party, and will only make use of information you own or have a right to use; or (3) be otherwise inappropriate or unlawful.
You may not access the Services other than by the interfaces provided by MakeMyPlate or interfere with or disrupt their proper operation.
We reserve the right to monitor some, all, or no areas of the Site for adherence to proper use of the Site or for any other purpose. You acknowledge that by providing you with the ability to distribute Content in public areas of the Site, we are acting as a passive channel for such distribution and we are not undertaking any obligation or liability relating to any postings or activities in the public areas of the Site, nor do we endorse any such Content. Although we reserve the right to remove, without notice, any Content for any reason, we have no obligation to review Content prior to the Content’s posting or to delete Content that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from the Site, and we are not liable for any loss you incur in the event that Content you post or transmit to our Website is been removed.
If you find any Content published through the Site questionable, please email: firstname.lastname@example.org us about it as soon as soon as you can.
- SUBMISSIONS OR FEEDBACK FROM YOU
In addition to the above, we also welcome any feedback or comments from you. However, please note in this regard that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of MakeMyPlate, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, MakeMyPlate may use or redistribute any such submission and its contents for any purpose and in any way it deems. To provide such feedback, please email info@MakeMyPlate.co
- THIRD PARTY LINKS AND INFORMATION PROVIDED
The Services and Site may contain information in the form of, but not limited to, articles, advertisements, endorsements, third-party opinions and links to third party websites that – all which are not owned or controlled by MakeMyPlate. MakeMyPlate does not endorse any such third-party information and such information is solely provided as a convenience to our users and visitors. As such, MakeMyPlate also assumes no responsibility for the content, privacy policies, or practices of any third party. By accessing our Site and using the Services, you expressly relieve MakeMyPlate from any and all liability arising from your use of any third-party website or information.
- RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS, REMOVE CONTENT
MakeMyPlate reserves the right to suspend or terminate the account of any user at any time and for any or no reason at all, at our sole discretion. Accordingly, MakeMyPlate reserves the right to remove any user content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.
- NO WARRANTY
YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICES, THE SITE AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE SERVICES AND RELIANCE ON THE SITE CONTENT IS DONE SOLELY AT YOUR OWN RISK. MAKEMYPLATE DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER MAKEMYPLATE NOR ANY OF MAKEMYPLATE’S LICENSORS MAKES ANY WARRANTY THAT THE CONTENT IN THE MAKEMYPLATE SYSTEM SATISFIES ANY FDA OR GOVERNMENT REGULATIONS.
WE DO NOT WARRANT THAT ANY CONTENT OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR CONTENT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- LIABILITIES AND INDEMNITIES
You shall indemnify and save harmless MakeMyPlate and its directors, officers, employees, representatives and agents ("Related Parties") against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys' fees) ("Damages") asserted against, imposed upon or incurred by MakeMyPlate and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.
THE CUMULATIVE LIABILITY OF MAKEMYPLATE FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY A USER OR VISITOR FOR THE SERIVICES OR USE OF THE SITE.
MAKEMYPLATE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY MAKEMYPLATE OR ANY THIRD PARTY.
(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements; (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose. (d) These Terms shall be governed by the laws of the State of Israel, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Tel Aviv, shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits a party's ability to seek equitable relief.