Agreement between user and www.theearthdiet.org & www.theearthdiet.com
Welcome to www.theearthdiet.org & www.theearthdiet.com. The www.theearthdiet.org &
www.theearthdiet.com website (the “Site”) is comprised of various web pages operated by The Earth Diet www.theearthdiet.org & www.theearthdiet.com is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained herein (the
“Terms”). Your use of www.theearthdiet.org & www.theearthdiet.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.theearthdiet.org & www.theearthdiet.com is a News and Information Site for Health
information, products, and recipes.
Your use of www.theearthdiet.org & www.theearthdiet.com is subject to The Earth Diet’s Privacy
data collection practices.
Visiting www.theearthdiet.org & www.theearthdiet.com or sending emails to The Earth Diet
constitutes electronic communications. You consent to receive electronic communications and
you agree that all agreements, notices, disclosures, and other communications that we provide
to you electronically, via email, and on the Site, satisfy any legal requirement that such
communications are in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Earth Diet is not responsible for third-party access to your account that results from theft or misappropriation of your account. The Earth Diet and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content at our sole discretion.
The Earth Diet does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.theearthdiet.org &
www.theearthdiet.com only with permission of a parent or guardian.
Links to third-party sites/Third party services www.theearthdiet.org & www.theearthdiet.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Earth Diet and The Earth Diet is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Earth Diet is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Earth Diet of the site or any association with its operators.
Certain services made available via www.theearthdiet.org & www.theearthdiet.com are
delivered by third-party sites and organizations. By using any product, service, or functionality
originating from the www.theearthdiet.org & www.theearthdiet.com domain, you hereby acknowledge and consent that The Earth Diet may share such information and data with any third party with whom The Earth Diet has a contractual relationship to provide the requested product, service or functionality on behalf of www.theearthdiet.org & www.theearthdiet.com
users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Earth Diet or its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
The Earth Diet content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of The Earth Diet and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Earth Diet or our licensors except as expressly authorized by
You will be able to connect your The Earth Diet account to third-party accounts. By connecting
The Earth Diet account to your third party account, you acknowledge and agree that you
are consenting to the continuous release of information about you to others (in accordance with
your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated, and administered by The Earth Diet from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use The Earth Diet Content
accessed through www.theearthdiet.org & www.theearthdiet.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless The Earth Diet, its officers, directors,
employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Earth Diet reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Earth Diet in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE EARTH DIET AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. THE EARTH DIET AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE EARTH DIET AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE EARTH
DIET AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE EARTH DIET OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
The Earth Diet reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Earth Diet as a result of this agreement or use of the Site. The Earth Diet’s
performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of The Earth Diet’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Earth Diet with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Earth Diet with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Earth Diet with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
The Earth Diet reserves the right, in its sole discretion, to change the Terms under which
www.theearthdiet.org & www.theearthdiet.com is offered. The most current version of the Terms
will supersede all previous versions. The Earth Diet encourages you to periodically review the Terms to stay informed of our updates.
The Earth Diet welcomes your questions or comments regarding the Terms:
Effective as of November 11, 2015