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Visitor Agreement

Terms of Use



Overview

By using the BodyDiary web site and related web sites (the "Service"), all of which are services of BodyDiary. ("BodyDiary"), you are agreeing to be bound by the following terms and conditions and Acceptable Use Policy (collectively the "Terms").

BodyDiary reserves the right to update and change the Terms from time to time without notice. Any new features that augment or enhance the current Service, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time here.

Violation of any of the terms below will result in the termination of your Account.

Account Terms

1. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
2. Your login may only be used by one person – a single login shared by multiple people is not permitted.
3. You are responsible for maintaining the security of your account and password. BodyDiary cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
4. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including, but not limited, to privacy laws).
5. You must be 16 years or older to use this Service.

Payment and Refunds

1. A valid credit card is required for recurring monthly accounts.
2. For monthly subscribers, the Service is billed in advance on the same date each month that your service began, and is non-refundable once it has been billed.
3. For 3, 6 and 12 month subscribers, the Service is billed quarterly in advance on the same date that your service began, and is non-refundable once it has been billed.
4. Unless otherwise expressly stated, there are NO REFUNDS.
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
6. Please note that Canadian users will be charged in CAD funds. Users in the United States and all other countries will be charged in US funds.

Cancellation and Termination

Your credit card will be charged for your specified program at the time of registration and will renew automatically based on the billing cycle established at sign up, until you cancel your membership. Your membership will be set to cancel at the end of your effective billing cycle or program term. If you are on a monthly program and you cancel your membership before the end of the third 28-day billing cycle, your credit card will be charged a $25.00 Early Termination Fee ("ETF").
You are solely responsible for properly canceling your account. To cancel an account, you must email us at customercare@thebodydiary.com. You will receive a confirmation email acknowledging the cancellation request and providing 24 hours to change your mind before the account is cancelled.
BodyDiary, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other BodyDiary service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. BodyDiary reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. BodyDiary reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to here or the Service itself.

Copyright and Content Ownership

The look and feel of the Service is Copyright © 2009 by BodyDiary. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML or visual design elements without express written permission from BodyDiary.

General Conditions

The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. Nothing stated or presented on the Website 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.
1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
3. Technical support is only available via email.
4. You understand that BodyDiary uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
5. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, BodyDiary, or any other BodyDiary's service.
6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by BodyDiary.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any BodyDiary customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your Data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. BodyDiary does not warrant that: (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
11. You expressly understand and agree that BodyDiary shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BodyDiary has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
12. The failure of BodyDiary to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between you and BodyDiary and govern your use of the Service, superceding any prior agreements between you and BodyDiary (including, but not limited to, any prior versions of the Terms).
13. Questions about the Terms should be sent to customercare@thebodydiary.com