Terms of Service

The following terms of service ("Agreement") govern the use of MyFoodDiary Web sites, apps, and related services ("Services"). By accessing, browsing, or using our Services, you acknowledge that you have read, understand, and agree to be bound by these terms.  If you do not agree to these terms, please do not use our Services.  If you have any questions or concerns about this agreement, please contact us using our contact form.

General

We may from time to time change the terms and conditions that govern your use of our Services.  Your use of our Services following any such change constitutes your agreement to follow and be bound by the terms and conditions changed. We may change, move or delete portions of, or may add to our Services from time to time.

Medical Advice

Our Services do not constitute medical advice.  If you are seeking medical advice, please consult a medical professional.

Medical Conditions

If you have a medical condition including, but not limited to, diabetes, high blood pressure, cancer, pregnancy, and heart disorders, you must get a physician's approval prior to using our Services.

Eating Disorders

If you suffer from anorexia nervosa, bulimia or related eating disorders, you are expressly forbidden from using our Services.

Payment

MyFoodDiary charges a monthly fee that is automatically charged to the credit card on record.  Upon joining, all members are required to click a checkbox agreeing that you understand that after the 7-day free trial, you will be charged $9 per month.  Since the monthly fee is automatically withdrawn, MyFoodDiary strongly recommends that members use credit cards that are not approaching their credit limit and are not tied to a checking account.  Using such cards can increase the risk of incurring overdraft penalties.  MyFoodDiary is not responsible for bank fees or penalties.

Free Trial Offer

MyFoodDiary offers a 7-day free trial.  This offer is limited to one use per household per 6 months.  You will not be billed until your free trial is over.  After the free trial, you will be billed $9 monthly until you cancel your account, which can be done at any time.

If you or someone in your household has already taken advantage of the free trial offer in the past 6 months, you will be billed on the date that you join.  You will continue to be billed monthly until you cancel your account.

Membership Cancellation

Members can cancel their accounts at any time.  There is no minimum commitment.  The cancellation form is found in the "My Account" section of our Web site.  Cancellation will take effect immediately upon submitting the cancellation form.  An email confirming cancellation will be sent to the email address on record.

Contents

Unless otherwise noted, all materials, including images, graphics, illustrations, design, icons, photographs, data (including member data), text and other materials that are part of our Services (collectively, the "Contents") are copyrights, trademarks, and/or other intellectual properties owned, controlled or licensed to or by MyFoodDiary.  Our Services as a whole are protected by copyright and trademark, all worldwide rights, titles and interest in and to which are owned by MyFoodDiary.  Our Services and its Contents are controlled and operated by MyFoodDiary from its offices in Lexington, Kentucky USA.

MyFoodDiary grants you a limited license to access and make personal use of our Services.  You may not download (other than page caching) or modify any portion of our Services, except with express written consent of MyFoodDiary.  You may not use any part of our Services for commercial or resale use; this includes, but is not limited to, logos, images, text, and data.  You may not use data mining, robots, or similar data gathering and extraction tools.  The Contents may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MyFoodDiary.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MyFoodDiary without express written consent. You may not use any meta tags or any other "hidden text" utilizing MyFoodDiary's name or trademarks without the express written consent of MyFoodDiary.  Any unauthorized use terminates the permission or license granted by MyFoodDiary.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MyFoodDiary so long as the link does not portray MyFoodDiary or its products and services in a false, misleading, derogatory, or otherwise offensive matter.  You may not use any MyFoodDiary logo or other proprietary graphic or trademark as part of the link without express written permission.  You may not publish (either electronically or otherwise) the comments posted by our members within our discussion forum.  These comments are considered Contents and are subject to the same limited license and restrictions as the rest of MyFoodDiary.

Please note that the permission granted herein terminates automatically if you breach any of these terms and conditions.  Any other use of the Contents including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of MyFoodDiary, is strictly prohibited.

Errors & Omissions

MyFoodDiary makes every reasonable effort to ensure that our data and analyses are correct.  However, given the vast quantity of data and the complexity of our system, errors & omissions will occur.  MyFoodDiary is not responsible for errors or omissions.  If you have located an error or omission, please notify us.

Pricing

In the event that a product or service is listed at an incorrect price due to typographical error or error in pricing information received from others, MyFoodDiary shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price.

Price and availability are subject to change without notice.

Disclaimer of Warranty

Our Services and Contents are provided on an "AS IS" basis without representations or warranties of any kind, either expressed or implied, including, without limitation, warranties or conditions of title or implied warranties of merchantability or fitness for a particular purpose, and non-infringement.  Although we believe the Content to be accurate, complete, and current, MyFoodDiary does not represent or warrant that the information provided is accurate, complete, or current.

Disclaimer of Liability

In no event shall MyFoodDiary be liable for special, indirect, exemplary, or consequential damages or any damages whatsoever, including, but not limited to, loss of use, bodily injury, loss of data, or loss of profits, without regard to the form of any action, including, but not limited to, contract, negligence, or other tortious actions, all arising out of or in connection with the use, copying, or display of our Services.

Children

We have no intention of collecting personal information from individuals under the age of 18.  If you are a child under the age of 18, please do not submit personal information without the consent of your parent or guardian.

Discussion Forum

By participating in the Discussion Forum, you recognize that all posts contained therein reflect the opinion of each post's author and do not constitute medical advice.  If you have important medical questions, you should consult your family physician.

Linked Sites

Our Services may contain links to other Web sites ("Linked Sites").  MyFoodDiary does not operate or control any information, products or services on the Linked Sites, and neither endorses nor approves any products or information offered at Linked Sites.  Linked Sites are used at your own risk.

Termination

This Agreement is effective unless and until terminated by MyFoodDiary.  MyFoodDiary may terminate this Agreement at any time without notice to you, and accordingly deny you access to our Services in our sole discretion.  Upon any termination of this Agreement by MyFoodDiary, you must promptly destroy all materials downloaded or otherwise obtained from our Services, as well as all copies of such materials. In addition, by providing Content, MyFoodDiary does not in any way promise that the materials will remain available to you. MyFoodDiary may terminate all or part of our Services at any time without notice to you.

Remainder of Agreement

You agree that in the event any portion of this Agreement is found to be unenforceable, the remainder of the Agreement shall remain in full force and effect.

Modification

MyFoodDiary may modify this Agreement by updating this posting.  By using our Services you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Agreement to which you are bound.

Headings

Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.

Choice of Law

The laws of the Commonwealth of Kentucky shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto.

Arbitration

Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in Kentucky in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof.

Last modified: December 11, 2012