1.1 Your use of the NutritionLogic web site (the "Site" hereafter) , a wholly owned property of Sinidex Solutions Inc. (the "Company", hereafter) is subject to certain Terms of Service ("Terms" hereafter) as laid out by this document.
2.1 Use of the Site requires that you accept the Terms as laid out below. If you do not accept the Terms, you may not use the Site.
2.2 Use of the Site in any way constitutes acceptance of these Terms.
2.3 You may not use the Site if (a) you are not of legal age to form a binding contract, or (b) you are prohibited from using this Site under the laws of any country where you are resident or from which you use the Site.
3.1 This Site is under continual development and may change at any time without notice.
3.2 Access to this Site may be revoked at any time at our sole discretion, without notification or justification.
3.3 If access is revoked, you acknowledge and agree that you will lose access to your account and any data you may have submitted to the Site.
3.4 You acknowledge that throttling of the number of transactions for any function of this Site may be introduced or changed at any time with no notification.
4.1 Access to the Site requires that you provide provide information about yourself (such as identification or contact details) as part of the registration process . You agree that any registration information you provide will always be accurate, correct and up to date.
4.2 You agree to use the Site only for purposes that are permitted by (a) these Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
4.3 You agree not to access (or attempt to access) the Site by any means other than through the standard interface. You specifically agree not to access (or attempt to access) any of the Site through any automated means (including use of scripts or web crawlers).
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that support the Site.
4.5 You agree that you will not reproduce, duplicate, copy, sell, trade or resell any portion of the Site for any purpose.
4.6 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your access to the site.
5.2 Accordingly, you agree that you will be solely responsible for all activities that occur under your account.
6.1 We gather personal information of three forms, specifically (a) session activity to control access to and presentation of functionality, (b) analytical data to help us improve the Site and (c) your registration information.
6.2 We do not share your registration data.
6.3 Session and analytical data will pass through the infrastructure of our service providers but it is not stored or shared by the Company.
7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Site are the sole responsibility of the person from which such content originated. All such information is referred to below as the Content.
7.2 You should be aware that data presented to you on the Site may be protected by intellectual property rights which are owned by the providers of that data. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this data (either in whole or in part) unless you have been specifically told that you may do so by the owners of that data in a separate agreement.
7.3 We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the site.
7.4 You understand that by using the site you may be exposed to Content that you may find offensive, indecent or objectionable and that you use the Site at your own risk.
7.5 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Site and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
7.6 The Content is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or qualified health care provider with any questions you may have regarding the use of Content on this Site.
8.1 You acknowledge and agree that we own all legal right, title and interest in and to the Site.
8.2 Nothing in these Terms gives you a right to use any of our trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
8.3 You agree that if you upload any Content to this site, you grant the Company and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant the Company and its associates and sublicensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post, that the Content is accurate, that use of the Content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify the Company or its associates for all claims resulting from Content you supply. The Company takes no responsibility and assumes no liability for any Content posted by you or any third party.
8.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (such as copyright and trade mark notices) contained in the Site.
8.5 You acknowledge that all Content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by international copyright laws.
9.1 You are granted a personal licence to use the Site. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Site, in the manner permitted by the Terms.
9.2 You may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site or any part thereof, unless this is expressly permitted or required by law.
9.3 You may not assign (or grant a sub-license of) your rights to use the Site, grant a security interest in or over your rights to use the Site, or otherwise transfer any part of your rights to use the Site.
10.1 The terms will continue to apply until terminated by either you or us as set out below.
10.2 If you want to terminate your legal agreement with us you may do so by closing your account on the Site.
10.3 The agreement will end if we elect to cancel it.
10.4 Nothing in this section shall affect or rights regarding provision of the Site under Section 4 of the Terms.
10.5 When this agreement comes to an end, all of the legal rights, obligations and liabilities shall continue to apply indefinitely.
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE".
11.2 IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
11.3 USE OF CONTENT ON THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS INCURRED.
11.4 NO ADVICE OR INFORMATION ON THE SITE OR COMMUNICATED IN ANY OTHER FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
11.5 WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
12.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR:
12.2 THE LIMITATIONS ON THE COMPANY'S LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR HEALTH ISSUES ARISING.
13.1 This site exists to store personal information and copyrighted material should not be uploaded.
13.2 We will respond to all notices of alleged copyright infringement and will comply with international copyright law. Copyrighted material will be deleted from the site and repeat infringers may have their account terminated.
14.1 Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such Content, but does not regularly review posted Content.
14.2 The Site may include hyperlinks to other web sites or content or resources. We may have no control over any web sites or resources which are provided by companies or persons other than ourselves.
14.3 You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and that we do not endorse any advertising, products or other materials on or available from such web sites or resources.
14.4 You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
15.1 We may make changes to these Terms from time to time. When these changes are made, they will be available at the Terms of Service link on the site.
15.2 You understand and agree that if you use the Services after the date on which the Terms have changed, the Company will treat your use as acceptance of the updated Terms.
16.1 You agree that we may update these Terms without notice and that you will monitor the site for such changes.
16.2 You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of the Company's rights and that those rights or remedies will still be available to us.
16.3 If any court of law (having the jurisdiction to decide on this matter) rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
16.4 When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
16.5 By using the Site, you agree that the laws of the Province of Alberta, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Company or its associates.
April 29, 2011
Sinidex Solutions Inc.
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