Website - Terms of Use

FOOD, FITNESS, FIRST, INC.

WEBSITE TERMS OF USE
Last Updated 08/12/2010

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY. BY USING THIS SITE, YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT PROCEED ANY FURTHER AND DO NOT USE THIS SITE. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this Site.

Scope of Terms and Conditions

These terms and conditions apply to your use of all of the sites and services owned or operated by Food Fitness First, Inc. (“we” and “us”) and any other site that we may own or operate in the future (collectively, "the Site"). Unless we say otherwise, all references to the Site in these terms and conditions include all such sites. Please note, this Site is intended for use in the United States of America only.

Scope of Use

The information and documents supplied through the subscription service (“Materials”) on and through the Site is the opinion of the Food Fitnessd, First, Inc. Whereas we believe the information and Materials provided on and through the Site to be factual and accurate, you should not rely on the information or Materials and should seek the advice of a medical practitioner regarding the health regimen that may be right for you. The Materials are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your health care provider with any questions you may have regarding a medical condition.  Reliance on the Materials is solely at your own risk. The contents of this Site are protected by national and international copyright and trademark laws, and are the property of Food Fitness First, Inc. and any other owners. You may not change or delete any author credit, trademark, legend, proprietary or copyright notice, specifically with regard to Favorable Fitness Factor™. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the Site.

Favorable Fitness Factor™

Favorable Fitness Factor™ is the proprietary information of Food Fitness First, Inc. We claim all applicable intellectual property rights in Favorable Fitness Factor™, including without limitation national and international copyright and trademark rights. You agree not to decompile, reverse engineer, transmit or transfer to others Food Fitness First, Inc.’s proprietary information provided on or through this Site or any portions thereof, including but not limited to Favorable Fitness Factor™, by any means or in any form.

Subscription Service

The subscription service offered through this Site allows subscribers to download Materials from this Site. The subscription service entitles subscribers to use Materials in any lawful manner during the subscription period. Subscribers are charged monthly for subscription services, through the billing of the credit card provided during the initial purchase of the services. Subscribers have full access to the Materials during the subscription period and any renewal thereof. In the event that you choose not to renew, or we choose not to grant your renewal request, you must immediately terminate your use of any Materials and agree to destroy any and all Materials, including hard and soft copies, that are in your possession. The subscription service and renewal thereof are granted at the sole discretion of Food Fitness First, Inc. We reserve the right to deny any subscription or renewal request. You may not change or delete any author credit, trademark, legend, proprietary or copyright notice from the Materials. In no event should you fail to give attribution to Food Fitness First, Inc. as owner and creator of the Materials. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the Materials.

Unsubscribing

If you no longer wish to receive subscription services, you can unsubscribe by visiting the “Unsubscribe” section of the Site. After you complete and submit the form located on that webpage, you will no longer have access to the subscription services. Your User ID and password will become inactive, and you will be unable to reach certain portions of the Site. Upon receiving notice of your desire to unsubscribe, we will unsubscribe you within 30 days of our receipt of such notice. Until you unsubscribe for subscription services your credit card will continue to be billed monthly.

Service Descriptions

We attempt to be as accurate as possible when describing our services. However, we do not warrant that the service descriptions are complete, reliable, current, or error-free. If a service offered on the Site is not as described, your sole remedy is to cancel your subscription.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Privacy Policy. We value protection of our users' privacy. We process your information on computers located in the United States that are protected by security devices. You can modify the information you provide us and choose not to receive certain communications by contacting us at questions@foodfitnessfirst.com. For a complete description of how we use and protect your personal information, see the Privacy Policy. If you object to your personal information being transferred or used in this way please do not subscribe to our services or use this Site.

Interactive Forums

An "interactive forum" means any web log, message board, chat room, or similar interactive service appearing on the Site. You must comply with instructions that you will find on the Site in order to contribute to any interactive forum. You may not post on any interactive forum any material that is libelous, defamatory, obscene, abusive, invades a person's privacy, violates any intellectual property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post or transmit any information that contains a virus or other harmful component.

We are not responsible for material appearing in any interactive forum on the Site, except for material signed by an identified representative of the Site. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings, and any reliance that they make on the messages or postings of others.

By posting on the Site, you give (or warrant that the owner of such rights has expressly granted) the Site the perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in articles, commentaries, or in any other medium now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You are not entitled to any compensation for such use.

Passwords

You are responsible for maintaining the confidentiality of your User ID and password, if any. You agree to notify us as soon as you discover any unauthorized use of your password.

Disclaimers

THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER FOOD FITNESS FIRST, INC. NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT FOOD FITNESS FIRST, INC. OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER FOOD FITNESS FIRST, INC. NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FOOD FITNESS FIRST, INC. OR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST ASSOCIATED WITH YOUR USE OF THIS SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

IF FOR ANY REASON YOU ARE NOT SATISFIED WITH THIS SITE OR THE CONTENT OF THE SITE, YOUR SOLE REMEDY IS TO CEASE USING THIS SITE OR THE CONTENT OF THE SITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL FOOD FITNESS FIRST, INC. OR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, SPECIAL OR CONSEQUENTIAL, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FOOD FITNESS FIRST, INC. OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE).

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. IN NO EVENT SHALL FOOD FITNESS FIRST, INC.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED TWENTY DOLLARS ($20).

 

To the full extent permissible by applicable law, you hereby release, agree and covenant not to sue Food Fitness First, Inc. our subsidiaries and affiliates, and our officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with your use of the Site, other than willful misconduct on our part. If you are a California resident, you hereby waive California Civil Code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Indemnity

You agree to defend, indemnify and hold harmless Food Fitness First, Inc. its representatives, officers, directors, and employees from all liabilities, claims, costs, and expenses, including attorneys fess, that arise with your use of the site, your posting, downloading or transmission of all communications or material on this site or from your violation of applicable law. Nothing in these terms and conditions will be construed to make us your agent, employee, joint venture, partner, franchisee-franchisor or legal representative of any of the others. None of us will either have or represent itself to have any authority to bind another to any obligation.

Intellectual Property

Foodfitnessfirst.com, Food Fitness First, Inc, the Food Spiral logo, Favorable Fitness Factor, Food Spiral, FFF and other Food Fitness First logos, products and service names are trademarks or service marks of Food Fitness First, Inc. (“Site Marks”). All other trademarks and service marks that appear on the Site are property of their respective owners. The Food Spiral charts and Materials offered through our subscription service, are the copyrights of Food Fitness First, Inc.

Governing Law

These terms will be governed by and construed in accordance with the laws of Georgia. Accordingly, the laws of Georgia, will be used exclusively to construe, govern, and enforce these terms, excluding all conflict of laws rules. Except as provided in the Injunctive Relief section, any action related to or arising out of these terms will be filed only in the Georgia courts and you consent to the exclusive jurisdiction of the state and federal courts located in Georgia.

Injunctive Relief

In the event you breach or threaten breach of this Agreement, you acknowledge and agree that We will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding Food, Fitness, First Inc.’s rights to relief in either law or equity.

Miscellaneous

If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. Any inquiries concerning these terms and conditions of use should be directed to questions@foodfitnessfirst.com or Food Fitness First, Inc., P.O. Box 980, Vidalia, GA 30475.