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By visiting www.dietagenda.com's web site, each visitor accepts and agrees to be bound by these Terms and Conditions. www.dietagenda.com reserves the exclusive right, exercisable in its sole discretion, to add features, or discontinue any www.dietagenda.com features at any time without notice. ElbowSpace, Inc. reserves the exclusive right, exercisable at any time, without notice, to amend, add to, delete from, alter or otherwise change these Terms and Conditions in such manner as ElbowSpace, Inc., in its sole discretion, shall determine appropriate for in www.dietagenda.com services. The Internet site www.dietagenda.com may not contain the most current form of the Terms and Conditions. The current form of the Terms and Conditions may be obtained by e-mailing a request to the Webmaster Subject to the terms and conditions of this Agreement, ElbowSpace, Inc. grants you a limited, non-exclusive, non-sublicensable, non-transferable license to use the Application in accordance with this Agreement. You are prohibited from modifying, translating, decompiling, disassembling or reverse engineering or otherwise attempting to determine the source code or any other information pertaining to the Application, or the creative or derivative works of the Application. This prohibition applies to any changes, alterations, and improvement that ElbowSpace, Inc. may implement, from time to time. ElbowSpace, Inc. reserves the exclusive right, exercisable at any time, to disqualify, prevent or otherwise refuse to allow any visitor, individual or entity from participating in a www.dietagenda.com service. NEITHER ElbowSpace, Inc., NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON www.dietagenda.com, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, THAT www.dietagenda.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF www.dietagenda.com OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH www.dietagenda.com. www.dietagenda.com AND ALL MATERIAL CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS. USE OF www.dietagenda.com IS AT YOUR SOLE RISK. THE DISCLAIMERS OF LIABILITY CONTAINED IN THESE TERMS AND CONDITIONS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF www.dietagenda.com, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. IN NO EVENT WILL www.dietagenda.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON www.dietagenda.com, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR (A) ANY DIRECT,INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE www.dietagenda.com, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF www.dietagenda.com OR ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH www.dietagenda.com OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO www.dietagenda.com, EVEN IF ElbowSpace, Inc. WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY ElbowSpace, Inc. PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING www.dietagenda.com, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF www.dietagenda.com. UNDER NO CIRCUMSTANCES WILL www.dietagenda.com OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON www.dietagenda.com, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH www.dietagenda.com. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONSIDER DOUBLE CHECKING THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH www.dietagenda.com. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT. All contents of this Web Site are: Copyright© 2002 ElbowSpace Inc., Phoenix, AZ. All rights reserved. All other product and company names appearing on www.dietagenda.com may be the tradenames, trademarks or registered trademarks of their respective owners. If you have any questions regarding these Terms and Conditions, please send your e-mails to the custserv@elbowspace.com. | ||
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