TERMS AND CONDITIONS OF USE
Age and Eligibility
You represent that you are using the Website for its intended purpose. If you are registering or using the Website on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.
Content found on the Website is for informational purposes only and is not a substitute for medical advice or treatment for any medical condition, nor is it intended to replace your relationship with your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting an eating plan or changing your diet, or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. Baldwin Publishing requires that you consult with your physician before following any eating plans, recipes, nutritional information or instructions you receive through the Website or participating in any event announced on the Website. Not all eating plans, diets or activities described on the Website are suitable for everyone. You should understand that when participating in any eating plan or diet, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the eating plan, diet or activity causing such discomfort or pain. By using the Website, you represent that you have received consent from your physician to participate in the eating plans, diets and recipes described on the Website.
We are not responsible for any health problems that may result from the eating plans, diets, recipes, programs, products or events you learn about through the Website. If you engage in any eating plan, diet, recipe, program, product or event you receive or learn about through the Website, you agree that you do so at your own risk and are voluntarily participating in these activities.
Registration and Password
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. You grant Baldwin Publishing the right to use your information in connection with the operation of the Website. Baldwin Publishing cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information submitted.
You represent that the information that you provide about yourself as requested in the Baldwin Publishing account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing Baldwin Publishing with your current email address, so that you may receive notifications and other account-related communications.
Ownership of the Website
Except for the User Generated Content, the Website and all aspects thereof, including all content and applications available via the Website, and all copyrights, trademarks, and other intellectual property rights therein, are owned by Baldwin Publishing, its licensors or Baldwin Publishing is the authorized representative of the owners. You acknowledge that the Website and any underlying technology used in connection with the Website contain Baldwin Publishing's intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content) or commercially exploit any part of the Website, including any applications available via the Website, except as necessary to view the content on the Website or use an application available via the Website and create a reasonable number of copies of portions of such content and applications (without modification) for your personal, non-commercial use. All rights in the Website not expressly granted by Baldwin Publishing to you are retained by Baldwin Publishing and its licensors.
Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights or illegal. Users found using email information in this manner may be stripped of their membership. We are not responsible for the content of email messages sent to you by our users or from third parties.
There are several areas on the Website on which users may post information, including Message Boards, etc. Any information posted to the Community Pages can be viewed by anyone who visits the Website (whether or not such visitors are registered users). Baldwin Publishing does not endorse any information posted on the Community Pages, and posts made by users do not necessarily reflect the views of Baldwin Publishing. Information on the Community Pages should not be taken as medical advice, and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Community Pages is at your own risk.
In using our Community Pages you agree to follow our Community Guidelines that include the following provisions:
• Respect everyone's opinions. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
• Do not post profane or explicit content.
• Do not post profile pictures that might be considered inappropriate.
• Do not post communications that could be interpreted as threatening or harassment.
• Do not post advertisements or promote products commercially.
• If you have started a thread (such as a journal) that you want to close, please post a message indicating "THREAD CLOSED." We may determine in our sole discretion whether to close or delete threads.
• Baldwin Publishing has the right to remove a post on the Community Pages if it does not meet these standards or for any other reason Baldwin Publishing deems appropriate.
Your communications, dealings or meetings with any other users on the Website, including communications, dealings or meetings initiated through the Website, are solely between you and such users, and you are solely responsible for such communications, dealings or meetings. Baldwin Publishing reserves the right, but has no obligation, to monitor disputes between you and any other users on the Website. Baldwin Publishing is not responsible or liable in any manner for any loss or damage arising out of your communications, events or meetings organized by Baldwin Publishing or attended by such users or any other services offered by such users.
User Indemnification of Baldwin Publishing
Changes to Website
Baldwin Publishing may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual Community Pages that have been inactive for more than 30 days, but have no obligation to do so. You agree that Baldwin Publishing shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Website.
Content and Warranty Disclaimer
THE WEBSITE IS PROVIDED BY BALDWIN PUBLISHING AND ITS AFFILIATES "AS IS." NEITHER BALDWIN PUBLISHING NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, APPLICATIONS AVAILABLE VIA THE WEBSITE OR DOWNLOADED THEREFROM, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, BALDWIN PUBLISHING AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY THAT ARISES BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE. FURTHERMORE, BALDWIN PUBLISHING DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL BALDWIN PUBLISHING BE LIABLE FOR BODILY INJURY, PERSONAL INJURY, WRONGFUL DEATH, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT BALDWIN PUBLISHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF BALDWIN PUBLISHING ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. BALDWIN PUBLISHING'S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.
Last updated: August 12, 2010.
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