Welcome to Ur Medifast Diet! Ur Medifast Diet provides its service to you, subject to the
1. DESCRIPTION OF SERVICE
Ur Medifast Diet currently provides users with access to a rich collection of resources, including,
various communications tools, forums, shopping services, personalized content and branded
programming through its network of properties (the "Service"). You also understand and agree that
the Service may include advertisements and that these advertisements are necessary for Ur Medifast Diet
to provide the Service. You also understand and agree that the service may include certain
communications from Ur Medifast Diet, such as service announcements, administrative messages and the
Ur Medifast Diet Newsletter. Unless explicitly stated otherwise, any
new features that augment or enhance the current Service, including the release of new Ur Medifast Diet
provided "AS-IS" and that Ur Medifast Diet assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are
responsible for obtaining access to the Service and that access may involve third party fees (such
as Internet service provider or airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of advertisements. In addition, you must provide
and are responsible for all equipment necessary to access the Service.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a
binding contract and are not a person barred from receiving services under the laws of the United
States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's registration form (such
information being the "Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Ur Medifast Diet has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, Ur Medifast Diet has the right
to suspend or terminate your account and refuse any and all current or future use of the Service
(or any portion thereof). Ur Medifast Diet is concerned about the safety and privacy of all its users,
particularly children. For this reason, you must be at least 13 years old to create a Ur Medifast Diet
4. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics,
video, messages or other materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content originated. This means that you,
and not Ur Medifast Diet, are entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service. Ur Medifast Diet does not control the Content
posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will Ur Medifast Diet be liable in any way for any
Content, including, but not limited to, for any errors or omissions in any Content, or for any loss
or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable. When submitting a review of a service
company you have hired you must provide only factual information based on your personal experience;
harm minors in any way; impersonate any person or entity, including, but not limited to, a
Ur Medifast Diet official, forum leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service; upload, post, email, transmit
or otherwise make available any Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment relationships or under
nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation; upload, post, email, transmit or otherwise make
available any material that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges; interfere with or disrupt
the Service or servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service; intentionally or
unintentionally violate any applicable local, state, national or international law; "stalk" or
otherwise harass another; or collect or store personal data about other users.
You acknowledge that Ur Medifast Diet may not pre-screen Content, but that Ur Medifast Diet and its designees
shall have the right (but not the obligation) in their sole discretion to refuse or move any
Content that is available via the Service. Without limiting the foregoing, Ur Medifast Diet and its
objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any Content created by Ur Medifast Diet or
submitted to Ur Medifast Diet, including without limitation information in Ur Medifast Diet
Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that Ur Medifast Diet may access, preserve, and disclose your account
information and Content if required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce
respond to your requests for customer service; or (e) protect the rights, property, or personal
safety of Ur Medifast Diet, its users and the public.
You understand that the technical processing and transmission of the Service, including your
Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt
to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security
components that permit digital materials to be protected, and use of these materials is subject to
usage rules set by Ur Medifast Diet and/or content providers who provide content to the Service. You may
not attempt to override or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public exhibition of the materials
provided on the Service, in whole or in part, is strictly prohibited.
5. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Ur Medifast Diet does not claim ownership of Content you submit or make available for inclusion on the
Service. However, with respect to Content you submit or make available for inclusion on publicly
accessible areas of the Service, you grant Ur Medifast Diet the following world-wide, royalty free and
non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of
Ur Medifast Diet, the license to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service solely for the purposes of providing and promoting
the specific Ur Medifast Diet Group to which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such Content on the Service and will
terminate at the time you remove or Ur Medifast Diet removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on
publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Service solely for the purpose for which
such Content was submitted or made available. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate at the time you remove or
Ur Medifast Diet removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly
perform and publicly display such Content (in whole or in part) and to incorporate such Content
into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the Ur Medifast Diet network of properties
that are intended by Ur Medifast Diet to be available to the general public. By way of example, publicly
accessible areas of the Service would include Ur Medifast Diet Message Boards that are open to both
members and visitors.
You agree to indemnify and hold Ur Medifast Diet, and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of Content you submit,
post, transmit or make available through the Service, your use of the Service, your connection to
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or
access to the Service.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Ur Medifast Diet may establish general practices and limits concerning use of the
Service, including without limitation the maximum number of days that email messages, message board
postings or other uploaded Content will be retained by the Service, the maximum number of email
messages that may be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service, the maximum disk
space that will be allotted on Ur Medifast Diet' servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service in a given period of time.
You agree that Ur Medifast Diet has no responsibility or liability for the deletion or failure to store
any messages and other communications or other Content maintained or transmitted by the Service.
You acknowledge that Ur Medifast Diet reserves the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that Ur Medifast Diet reserves the right to modify
these general practices and limits from time to time.
9. MODIFICATIONS TO SERVICE
Ur Medifast Diet 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. You agree
that Ur Medifast Diet shall not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
You agree that Ur Medifast Diet may, under certain circumstances and without prior notice, immediately
terminate your Ur Medifast Diet account, any associated email address, and access to the Service. Cause
for such termination shall include, but not be limited to, (a) breaches or violations of the Terms
of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or
material modification to the Service (or any part thereof), (e) unexpected technical or security
issues or problems, and (f) extended periods of inactivity. Termination of your Ur Medifast Diet account
includes (a) removal of access to all offerings within the Service, (b) deletion of your password
and all related information, files and content associated with or inside your account (or any part
thereof), and (c) barring further use of the Service. Further, you agree that all terminations for
cause shall be made in Ur Medifast Diet' sole discretion and that Ur Medifast Diet shall not be liable to
you or any third-party for any termination of your account, any associated email address, or access
to the Service.
11. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found
on or through the Service, including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that Ur Medifast Diet shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or
resources. Because Ur Medifast Diet has no control over such sites and resources, you acknowledge and
agree that Ur Medifast Diet is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further acknowledge and agree
that Ur Medifast Diet shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
13. UR MEDIFAST DIET' PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the
Service ("Software") contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by Ur Medifast Diet or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.
Ur Medifast Diet grants you a personal, non-transferable and non- exclusive right and license to use
the object code of its Software on a single computer; provided that you do not (and do not allow
any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to modify the Software
in any manner or form, or to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided by Ur Medifast Diet for use in
accessing the Service.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. UR MEDIFAST DIET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON- INFRINGEMENT.
UR MEDIFAST DIET MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR 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 SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UR MEDIFAST DIET OR THROUGH OR
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY
INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES
OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN
PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UR MEDIFAST DIET SHALL NOT BE LIABLE TO YOU 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 UR MEDIFAST DIET
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; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
17. NO THIRD PARTY BENEFICIARIES
third party beneficiaries to this Agreement.
by either email, regular mail, or postings on the Service.
19. TRADEMARK INFORMATION
Ur Medifast Diet, the Ur Medifast Diet logo and other Ur Medifast Diet logos and product
and service names are trademarks of Ur Medifast Diet (the "Ur Medifast Diet Marks"). Without
Ur Medifast Diet' prior permission, you agree not to display or use in any manner, the Paid
Survey Success Marks.
20. GENERAL INFORMATION
govern your use of the Service, superceding any prior agreements between you and Ur Medifast Diet. You
also may be subject to additional terms and conditions that may apply when you use or purchase
certain other Ur Medifast Diet services, affiliate services, third-party content or third-party software.
governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. You
and Ur Medifast Diet agree to submit to the personal and exclusive jurisdiction of the courts located
within the county of Berks, Pennsylvania.
Waiver and Severability of Terms. The failure of Ur Medifast Diet to exercise or enforce any right or
parties nevertheless agree that the court should endeavor to give effect to the parties' intentions
No Right of Survivorship and Non-Transferability. You agree that your Ur Medifast Diet account is
non-transferable and any rights to your Ur Medifast Diet I.D. or contents within your account terminate
upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and
all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim
filed within one (1) year after such claim or cause of action arose or be forever barred.