Terms of Usage

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, please do not use this site!

Nutrihand Corporation reserves the right to revise and update these Terms and Conditions at anytime. Your continued usage of the Nutrihand website will mean that you accept those changes.

If you think you may have a medical emergency, call your doctor or 911 immediately. Nutrihand does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Nutrihand, Nutrihand employees, others appearing on the Site at the invitation of Nutrihand, or other visitors to the Site is solely at your own risk.

CHILDREN'S PRIVACY.
We are committed to protecting the privacy of children. You should be aware that this Site will only allow children under the age of 13 to have access to its feature with a written consent buy the parent. We do not collect Personally identifiable information from any person we actually know is a child under the age of 13.

USE OF CONTENT.
Nutrihand authorizes you to view or download a single copy of the material on the Nutrihand Site solely for your Personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2001- 2002, Nutrihand Corporation. All rights reserved" and other copyright and proprietary rights notices which were contained in the Content. Any special rules for the use of certain software and other items provided on the Nutrihand Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Nutrihand or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Nutrihand. All rights not expressly granted herein are reserved to Nutrihand and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

LIABILITY OF NUTRIHAND AND ITS LICENSORS.
The use of the Nutrihand Site and the Content is at your own risk.

When using the Nutrihand Site, information will be transmitted over a medium which is beyond the control and jurisdiction of Nutrihand and its suppliers. Accordingly, Nutrihand assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Nutrihand Site.

The Nutrihand Site and the content are provided on an "as is" basis. Nutrihand, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, Nutrihand, its licensors and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Nutrihand Site or Nutrihand.

2. The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the Nutrihand Site.

In no event shall Nutrihand, its licensors, its suppliers or any third parties mentioned on the Nutrihand Site be liable for any damages (including, without limitation, incidental and consequential damages, Personal injury/wrongful death lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Nutrihand Site or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not Nutrihand is advised of the possibility of such damages. Nutrihand shall be liable only to the extent of actual damages incurred by you, not to exceed U.S.$1000. Nutrihand is not liable for any Personal injury, including death, caused by your use or misuse of the Site, Content or Public Area (as defined below). Any claims arising in connection with your use of the Site, any Content or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

USER SUBMISSIONS.

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant--or warrant that the owner of such content has expressly granted--Nutrihand a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. Nutrihand may sublicense its rights through multiple tiers of sublicenses.

Personal Tracker

Personal Tracker is a service that allows you to record health information on a voluntary basis on servers maintained by Nutrihand or on its behalf. Personal Tracker is structured to allow access only to visitors with a valid id and password. Whenever you submit or modify your information in Personal Tracker, we will send such information over the Internet using encryption technology (Secure Socket Layer (SSL) software). The information you submit to Personal Tracker will be stored on a separate server as an additional security precaution. However, we do not warrant or represent that the information you submit to Personal Tracker will be protected against, loss, misuse, or alteration by third parties.

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Personal Tracker password or account. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Personal Tracker account and password; (3) promptly inform Nutrihand of any need to deactivate a password. You grant Nutrihand and all other persons or entities involved in the operation of the Site and Personal Tracker the right to transmit, monitor, retrieve, store and use your information in connection with the operation of Personal Tracker.Nutrihand cannot and does not assume any responsibility or liability for any information you submit to Personal Tracker or your or third parties' use or misuse of information transmitted or received using Personal Tracker.

Nutrihand Live and Member to Member Areas ("Public Areas").

If you use an Public Area, you are solely responsible for your own communications, the consequences of posting those communications and your reliance on any communications found in the Public Areas. Nutrihand is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

1. Using a Public Area for any purpose in violation of local, state, national, or international laws;

2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Nutrihand in its sole discretion;

4. Posting advertisements or solicitations of business;

5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free form);

6. Posting chain letters or pyramid schemes;

7. Impersonating another person;

8. Distributing viruses or other harmful computer code;

9. Harvesting or otherwise collecting information about others, including email addresses, without their consent;

10. Allowing any other person or entity to use your identification for posting or viewing comments;

11. Posting the same note more than once or "spamming"; or

12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Nutrihand, exposes

Nutrihand or any of its customers or suppliers to any liability or detriment of any type. Nutrihand reserves the right (but is not obligated) to do any or all of the following:

1. Record the dialogue in public chat rooms.

2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

3. Remove communications which are abusive, illegal, disruptive, or that otherwise fail to conform with these Terms and Conditions.

4. Terminate a user's access to any or all Public Areas and/or the Nutrihand Site upon any breach of these Terms and Conditions.

5. Monitor, edit or disclose any communication in the Public Areas.

6. Edit or delete any communication(s) posted on the Nutrihand Site, regardless of whether such communication(s) violate these standards.

Nutrihand reserves the right to take any action it deems necessary to protect the Personal safety of our guests or the public. Nutrihand has no liability or responsibility to users of the Nutrihand Site or any other person or entity for performance or nonperformance of the aforementioned activities.

ADVERTISEMENTS AND LINKS TO OTHER SITES.
Nutrihand does not endorse the content on any third party websites. Nutrihand is not responsible for the content of linked third-party sites, sites framed within the Nutrihand Site, or third party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Nutrihand does not endorse any product advertised on the Nutrihand Site.

INDEMNITY.
You agree to defend, indemnify and hold Nutrihand, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

GENERAL.
Nutrihand is based in Atlanta, Georgia, in the United States of America. Nutrihand makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Nutrihand Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION.
You expressly agree that exclusive jurisdiction for any dispute with Nutrihand, or in any way relating to your use of the Nutrihand Site, resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of Personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving Nutrihand or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

COMPLETE AGREEMENT.
Except as expressly provided in a particular "legal notice" on the Nutrihand Site, these Terms and Conditions constitute the entire agreement between you and Nutrihand with respect to the use of the Nutrihand Site, and Content. Your use of the Nutrihand Site is also subject to the Nutrihand Privacy Policy.

Thank you for your cooperation. We hope you find the Nutrihand Site helpful and convenient to use! Questions or comments regarding this Website should be directed by electronic mail to service@Nutrihand.net or via U.S. mail to Nutrihand at 400 The Lenox Building, 3399 Peachtree Road N.E., Atlanta, Georgia 30326.

Copyright (c) 1998-2001 Nutrihand, Inc. All Rights Reserved.

Members must have a PC, and an Internet or AOL connection. Nutrihand.com, Inc assumes no responsibility for member's computer systems, hardware, software or program malfunctions or for other errors, failures, or delays in network connections. DietWatch.com reserves the right, in its sole discretion, to cancel or suspend this program should virus, bugs, or other causes corrupt the administration, security or proper function of this program. At this time, support is not provided for WebTV or Macintosh.

All new memberships are for a minimum of 3 months. Members may cancel at any time after 3 months. On the fourth month, all accounts are automatically renewed and members are responsible for automatic renewal monthly charges. Members may cancel their accounts by going to Member Account Central and canceling their accounts. After fullfilling the initial 3-month membership term, Members may continue on a month-per-month basis.

7. Each new membership is charged a one-time service fee for opening up the account. This service fee is non-refundable.

8. Intellectual Property Ownership. Client acknowledges that all content and underlying code contained in the Nutrihand site, and all copyrights therein, are owned by Nutrihand or its licensor. You hereby grant to Nutrihand a perpetual, worldwide license to use, distribute, publish and modify any materials posted by you to the Nutrihand public bulletin boards, flash notes, and chat rooms. Nutrihand and the Nutrihand logo are service marks of Nutrihand.com, Inc.

9. Warranties and Disclaimers.

I. Nutrihand does not guarantee or warrant that any materials or information posted on the Nutrihand site or any content on this is free of viruses or other code containing destructive properties. You are responsible for implementing reasonable measures to prevent the loss of code or data belonging to you. Nutrihand does not assume any responsibility for your use of Nutrihand. Nutrihand is not responsible for the quality or availability of any third party products or services that may be advertised on this site or to which links may be provided solely for informational purposes.

II. Nutrihand DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, INCLUDING ANY WARRANTIES OF TITLE OR NON? INFRINGEMENT OF THIRD PARTIES' RIGHTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO ANY INFORMATION OR SERVICE PROVIDED BY OR THROUGH Nutrihand, EXCEPT AS OTHERWISE SPECIFIED BY Nutrihand. Nutrihand DOES NOT WARRANT THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION, OR SERVICE PROVIDED BY OR THROUGH Nutrihand. Nutrihand DOES NOT WARRANT THE AVAILABILITY OR ACCESSIBILITY OF THIS SITE. USERS ARE SOLELY RESPONSIBLE FOR ALL INTERNET AND TELECOMMUNICATIONS CONNECTIONS, CHOICE OF HARDWARE OR BROWSER. Nutrihand IS NOT LIABLE TO ANYONE FOR ANY ACT OR OMISSION TAKEN IN RELIANCE UPON ANY INFORMATION PROVIDED BY Nutrihand.

III. Nutrihand has developed and posted policies regarding appropriate conduct on its site. You may not use Nutrihand for any unlawful purpose or for that which is prohibited by this Agreement and the Nutrihand policies. Nutrihand may deny you access to Nutrihand at any time if you violate any of the terms of this Agreement at the sole discretion of Nutrihand.

IV. Nutrihand shall not be liable for any damages whatsoever, including but not limited to, damages for Personal injury or wrongful death, loss of business profits, business interruption, or loss of data, arising out of your use of Nutrihand or the viewing or use of, or inability to view or use, Nutrihand electronic bulletin board, intra-community messaging system, eCounseling services, flash notes, and chat rooms, or for any reason whatsoever. You agree to fully defend, indemnify and hold harmless Nutrihand and its officers, directors, employees and agents from any liabilities and damages (including legal fees) arising out of any legal action concerning your viewing or use of Nutrihand electronic bulletin boards, eCounseling services, flash notes, and chat rooms. You are solely responsible the communications or materials you post on Nutrihand counseling or other services, electronic bulletin boards, flash notes, or chat rooms.

V. Nutrihand will not review all communications or materials posted on its electronic bulletin board, intra-community messaging system, flash notes, chat rooms or during eCounseling, and is not responsible in any manner for the content of posted communications or materials. Nutrihand will review, investigate and monitor communications in response to a verified complaint. You may not post or transmit any communications or materials, and Nutrihand has the right to block or delete any communications or materials, on Nutrihand's electronic bulletin board, intra-community messaging system, flash notes, or chat rooms that may:

i. be libelous, defamatory, indecent, obscene, or pornographic, offensive, harmful, threatening, harassing, abusive, hateful, fraudulent, deceptive, or misleading, or constitute stalking, or disclose private or Personal information about another person;

ii. violate the privacy or property rights of others, including any unauthorized copyrighted communications or materials, trade secrets, protected intellectual property rights, or other confidential or trademarked proprietary information;

iii. interfere with the viewing or use by others of Nutrihand's electronic bulletin boards, flash notes, or chat rooms, use simultaneous, unattended or continuous connections to Nutrihand, or post or transmit any file containing any viruses or any contaminating or destructive code or features;

iv. constitute requests for charity, petitions for signatures, chain letters, or communications or materials for any pyramid schemes, advertising, solicitations, or promotional communications or materials of any kind, or be used to harvest or collect information about other users of the electronic bulletin boards, flash notes, or chat rooms of Nutrihand; or

v. be deemed unacceptable for any reason by Nutrihand. Nutrihand may take steps as it deems necessary to investigate any violation of this Agreement, including the recording of any communications or materials in its electronic bulletin boards, flash notes, or chat rooms.

VI. Nutrihand is not responsible for delays or failure in performance resulting from acts beyond the control of Nutrihand. Such acts shall include but not limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, communication line failures, power failures, earthquakes, or other disasters.

VII. Nutrihand does not provide dietitian and nutritional counseling services. Should Client elect to consult a counselor on the Nutrihand site, Client agrees that Nutrihand does not make any representations or warranties with regard to the ability, the information or advice provided by the counselor. Client will look solely to the counselor regarding services provided by the counselor.

VIII. Neither Party shall be liable to any other person or entity for an act or omission of the other party. Each Party agrees to indemnify and hold harmless the other party from all claims, loss, damages, liabilities and expenses arising directly or indirectly as a result of its own omission, action or breach of this Agreement.

IX. Nutrihand SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR Personal INJURY OR WRONGFUL DEATH, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING OUT OF THE VIEWING OR USE OF, OR INABILITY TO VIEW OR USE, DIET WATCH'S PROFESSIONAL ELECTRONIC BULLETIN BOARDS INTRACOMMUNITY MESSAGING SYSTEM, FLASH NOTES, AND CHAT ROOMS, OR FOR ANY REASON WHATSOEVER. YOU AGREE TO FULLY DEFEND, INDEMNIFY AND HOLD HARMLESS Nutrihand AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY LIABILITIES AND DAMAGES ARISING OUT OF ANY LEGAL ACTION OR CLAIM (INCLUDING ATTORNEYS' FEES AND EXPENSES) CONCERNING YOUR PROFESSIONAL SERVICES OR YOUR VIEWING OR USE OF Nutrihand'S PROFESSIONAL ELECTRONIC BULLETIN BOARDS, FLASH NOTES, AND CHAT ROOMS. YOU ARE SOLELY RESPONSIBLE FOR THE COMMUNICATIONS OR MATERIALS YOU POST ON Nutrihand'S PROFESSIONAL ELECTRONIC BULLETIN BOARDS, FLASH NOTES, OR CHAT ROOMS.

8. Infringement Claims. To report copyright infringement on this site, please notify General Legal Counselor at Nutrihand, [205 Lexington Ave, 8th Floor, New York, New York 10016], who is Nutrihand's "designated agent" under the Digital Millennium Copyright Act 17 U.S.C. '512(c).

9. Notice. Notices to Nutrihand must be in writing and be delivered by the U.S. Postal Service or a United States national overnight delivery service, addressed as follows. Notices to Nutrihand must be addressed to: Nutrihand Inc., 205 Lexington Ave, 8th Floor, New York, New York 10016 . Notices shall be deemed effective five business days after deposit with the U.S. Postal Service or two business days after deposit with a United States national overnight delivery service Notices to the Client may be sent by e-mail and will be deemed effective upon receipt.

10. Statute of Limitations. The parties agree that, regardless of any statute, rule, or regulation to the contrary, any claim or cause of action against the other party arising out of or relating to this Agreement or viewing or use of Nutrihand must be filed within one year after such claim or cause of action arose.

11. Choice of Law & Jurisdiction. The parties agree that, regardless of any statute, rule, or regulation to the contrary, any claim or cause of action against the other party arising out of or relating to this Agreement or viewing or use of Nutrihand must be filed within one year after such claim or cause of action arose.