Last Updated: 5/20/2019
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY. BY USING THIS SITE, YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT PROCEED ANY FURTHER AND DO NOT USE THIS SITE.
We reserve the right to modify the Terms and Conditions at any time. You should check these periodically for changes. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If you do not wish to be bound by these Terms and Conditions, your remedies are to cancel your subscription and not visit the Site going forward.
Scope of Terms and Conditions
These terms and conditions apply to your use of all of the sites services and printed materials owned or operated by Food Fitness First, Inc.® ("we" and “us") and any other site that we may own or operate in the future (collectively, "the Site"). Unless stated otherwise, all reference to the Site in these terms and conditions include all such sites and their entirety. Please note, this Site is intended for use in the United States of America only.
Scope of Use
The information and documents supplied through the subscription service ("Materials") on and through the Site is the opinion of Food Fitness First, Inc.® Whereas, we believe the information and Materials provided on and through the Site to be factual and accurate, you should not rely on the information or Materials and should seek the advice of a medical practitioner/physician regarding the health regimen that may be best for you. The Materials are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your health care provider with any questions you may have regarding a medical condition. Reliance on the Materials is SOLELY at your own risk. The contents of this Site are protected by national and international copyright and trademark laws, and are the property of Food Fitness First, Inc.® You may not change or delete any author credit, trademark, legend, proprietary or copyright notice, specifically with regard to Favorable Fitness Factor® and FOOD SPIRAL®. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the Site. Copying, redistributing, sharing and/or transferring Materials is not permitted.
Favorable Fitness Factor®
The Favorable Fitness Factor® is the proprietary information of Food Fitness First, lnc.® We claim all applicable intellectual property rights in Favorable Fitness Factor®, including but without limitation, national and international copyright and trademark rights. You agree not to decompile, reverse engineer, transmit or transfer to others Food Fitness First, lnc.'s® proprietary information provided on or through this Site or any portions thereof, including but not limited to Favorable Fitness Factor®, by any means or in any form.
The subscription service(s) offered through this Site allows subscribers to download Materials. The subscription service entitles subscribers to use Materials in any lawful manner during the subscription period. Subscribers are charged monthly for subscription services, through the billing of a credit card provided during the initial purchase of the services. Subscribers have full access to the Materials during the subscription period and any renewal thereof. In the event that you choose not to renew or we choose not to grant your renewal request, you must immediately terminate your use of any Materials, programs and/or software and agree to destroy any and all Materials, including hard and soft copies that are in your possession. The subscription service and renewal thereof are granted at the sole discretion of Food Fitness First, Inc.® We reserve the right to deny any subscription or renewal request. You may not change or delete any author credit, trademark, legend, proprietary or copyright notice from the Materials. In no event should you fail to give attribution to Food Fitness First, Inc.® as the owner and creator of the Materials. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the Materials.
If you no longer wish to receive subscription services, you can unsubscribe by visiting the "Unsubscribe" or “Cancel My Account” section of the Site. After you complete and submit the form located on that webpage, you will no longer have access to the subscription services. Your User ID and password will become inactive, and you will be unable to reach certain portions of the Site. Upon receiving notice of your desire to unsubscribe, we will unsubscribe you within 30 days of our receipt of such notice. Until you unsubscribe for subscription services your credit card will continue to be billed monthly. Once your account is cancelled, it is gone, and a “reactivation” of that account will not be possible. Should you desire to re-subscribe, you will need to create a new account again. Information from your cancelled account will be discarded.
We attempt to be as accurate as possible when describing our services. However, we do not warrant that the service descriptions are complete, reliable, current, or error-free. If a service offered on the Site is not as described, your sole remedy is to cancel your subscription.
An "interactive forum” means any web log, message board, chat room, or similar interactive service appearing on the Site. You must comply with instructions that you will find on the Site in order to contribute to any interactive forum. You may not post on any interactive forum any material that Is libelous, defamatory, obscene, abusive, invades a person's privacy, violates any intellectual property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds or that advertises or solicits goods or services. You may not post material known to be false. You may not post or transmit any information that contains a virus or other harmful component. We are not responsible for material appearing in any interactive forum on the Site, except for material approved by an identified representative of the Site. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings, and any reliance that they make on the messages or postings of others. By posting on the Site, you give (or warrant that the owner of such rights has expressly granted) the Site the perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in articles, commentaries, or in any other medium now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You are not entitled to any compensation for such use.
You are responsible for maintaining the confidentiality of your User ID and password. You also agree to notify us as soon as you discover any unauthorized use of your password. Please contact us should you forget your password and need to reset it.
THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER FOOD FITNESS FIRST, INC.® NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT FOOD FITNESS FIRST, INC.® OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER FOOD FITNESS FIRST, INC.® NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FOOD FITNESS FIRST, INC.® OR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST ASSOCIATED WITH YOUR USE OF THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IF FOR ANY REASON YOU ARE NOT SATISFIED WITH THIS SITE OR THE CONTENT OF THE SITE, YOUR SOLE REMEDY IS TO CEASE USING THIS SITE OR THE CONTENT OF THE SITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL FOOD FITNESS FIRST. INC.® OR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, SPECIAL OR CONSEQUENTIAL, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FOOD FITNESS FIRST, INC.® OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE). Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. To the full extent permissible by applicable law, you hereby release, agree and covenant not to sue Food Fitness First, Inc.® or subsidiaries, affiliates, officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with your use of the Site, other than willful misconduct on our part. If you are a California resident, you hereby waive California Civil Code 1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to defend, indemnify and hold harmless Food Fitness First, Inc.® representatives, officers, directors and employees from all liabilities, claims, costs, and expenses, including attorney fees, that arise with your use of the site, your posting, downloading or transmission of all communications or material on this site or from your violation of applicable law.
Foodfitnessfirst.com, the Food Fitness First, Inc.® logo, Food Fitness First, Inc.®, The FOOD SPIRAL®, the Favorable Fitness Factor® and other Food Fitness First, Inc.® logos, products and service names are registered and copyrighted trademarks or service marks of Food Fitness First, Inc.® ("Site Marks"). All other trademarks and service marks that appear on the Site are property of their respective owners. The FOOD SPIRAL® charts and Materials offered through our subscription service(s) are the registered copyrights (©) of Food Fitness First, Inc.®
These terms will be governed by and construed in accordance with the laws of Georgia. Accordingly, the laws of Georgia, will be used exclusively to construe, govern, and enforce these terms, excluding all conflict of laws rules. Except as provided in the Injunctive Relief section, any action related to or arising out of these terms will be filed only in the Georgia courts and you consent to the exclusive jurisdiction of the state and federal courts located in Georgia.
In the event you breach or threaten breach of this Agreement, you acknowledge and agree that We will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding Food, Fitness, First lnc.'s® rights to relief in either law or equity.
Food Fitness First, Inc.® does NOT (1) handle medical records or (2) collect any information on behalf of or at the direction of any healthcare provider. We DO provide a web app platform in which questions regarding age, sex, medical lab results, exercise habits, eating habits and more are asked of a user. We provide a 'share portal' in which users can send outside sources [like a health care provider, RD, etc.] information that is saved on their account. By doing so, the user is giving such outside provider(s) authorized permission to access their private information. We use a secure password protected login for ease of access to such information of the user, although further communication between both parties is without Food Fitness First, Inc. involvement.
If any of these terms and conditions are found unlawful, void, or for any reason, unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. Nothing in these terms and conditions shall be construed to make either party an agent, employee, joint venture, partner, franchisee-franchisor or legal representative of the other party. Neither party will either have the authority to bind the other party to any obligation. Any inquiries concerning these terms and conditions of use should be directed to email@example.com or Food Fitness First, Inc. ®, P.O. Box 980, Vidalia, GA 30475.