Paleoaholic, LTD. aka MyDiet LTD hereinafter referred to as “MyDiet” operates a online course system. All services and products offered by MyDiet are proprietary to MyDiet and affiliates associated with our network are granted a limited license for the use of said services and products available.
MyDiet reserves the right to modify this Agreement from time to time at their sole discretion, and any modifications shall become effective immediately once they are published online. By continuing to use MyDiet’s services and products after any such modification is published constitutes your acceptance to any such modification to the Agreement. Therefore it is important and all Users are recommended to review this Agreement on a regular bases. If for any reason you do not agree to be bound by this Agreement, you must immediately discontinue the use of MyDiet’s services and products.
When you visit MyDiet, send e-mails to MyDiet, opt-in emails or phone numbers to MyDiet or to Affiliates of MyDiet, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, phone broadcast or by posting notices on MyDiet website. 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.
All content included on any websites that are owned and operated by MyDiet, such as text, graphics, logos, button icons, images, etc. are the property of MyDiet or its content suppliers and protected by United States and international copyright laws. The compilation of all content on MyDiet is the exclusive property of MyDiet and is protected by U.S. and international copyright laws. All software used on MyDiet is the property of MyDiet or its software suppliers and protected by United States and international copyright laws.
All trademarks not owned by MyDiet that appear on MyDiet are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MyDiet.
MyDiet and its Users attempt to be as accurate as possible. However, MyDiet does not warrant that service and product descriptions or other content of MyDiet is accurate, complete, reliable, current, or error-free.
Product & Service Fees
Except where noted otherwise, the service and product licensing fees displayed for accessing software or services on MyDiet represent MyDiet’s service and product and licensing fees. The initial membership fee of MyDiet is priced based upon the membership level you select, and each additional month you wish your membership to remain active in accordance with MyDiet you will incur a monthly membership fee in the amount priced for the membership level you select. You understand that upon purchase of services and products available through MyDiet that all fees paid are refundable for upto 30 days and that service.
When becoming a User of MyDiet you understand that any completed purchases or payments have a 30 day money back gaurentee as you are granted immediate access to the service or product you have purchased through MyDiet including but not limited to MyDiet’s software, services, products, training area and other proprietary items made available in your backoffice provided to you by MyDiet. You further understand that you may cancel your account with MyDiet at any time, and that upon cancelation you will terminate all access to any services or products you have purchased through MyDiet. Furthermore you understand and agree that such a cancellation does not entitle you to any type of refund of any kind on purchases you have made for services or products available through MyDiet LTD.
Disclaimer of Warranties
MyDiet is provided to you on an “AS IS” and “AS AVAILABLE” basis. MyDiet makes no representations or warranties of any kind, expressed or implied, as to the operation of MyDiet or the information, content, materials, services or products included on MyDiet. You expressly agree that your use of MyDiet is at your sole risk. To the full extent permissible by applicable law, MyDiet disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability. MyDiet does not warrant that services, products, servers, or e-mails sent from MyDiet are free of viruses or other harmful components. MyDiet will not be liable for any damages of any kind arising from the use of services or products available through MyDiet, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
MyDiet reserves the right to investigate any violation of Prohibited Activities, and such a violation can result in legal action against any individual who violates this provision including but not limited to terminating the account of the User responsible of the violation and reporting violations to the proper legal and law enforcement authorities.
Prohibited Activities include but are not limited to activities or actions that:
- transmit unsolicited emails and instant messages to the Users of the services and products available through MyDiet.
- circumvents or modifies, attempts to circumvent or modify or encourages the attempt to circumvent or modify any type of security or technology that is a part of MyDiet.
- involves the use of bots, worms, viruses or any other type of harmful code or program.
- involves copying, distributing, modifying, scrapping or transmitting any Content from the services and products available through MyDiet.
- are designed to interfere, disrupt or create an a burden on the services and products available through MyDiet.
- attempt to impersonate or impersonate MyDiet, a MyDiet user, a MyDiet employee or any other individual, entity or group.
- involves using an account of another user at any time, allowing account access to a third party or permitting a third party to access your account.
- involves the selling or transferring of your account in any manner to another individual, entity or group.
- involves obtaining information from the services and products available through MyDiet to harm, abuse or harass another individual, entity or group.
- involves accepting payment from a third party in exchange for performing any type of commercial activity through the services and products available through MyDiet.
- involves disguising headers against any Content obtained from the services and products available through MyDiet to forge or misrepresent another party as the source of the content.
- involves using any type of scripts, bots or an automated system to harvest email addresses or any other data from services and products available through MyDiet for the purposes of sending unauthorized materials or unsolicited emails.
- involves using the services and products available through MyDiet that is inconsistent or in violation any applicable local, state and federal law.
Third Party Services
Third party services may appear and be available on the services and products made available through MyDiet. When you interact with a third party service, you are directly dealing with the third party and not MyDiet. If a dispute should arise as a result of interacting with a third party service, MyDiet has no obligation to become involved in or held liable in any such dispute.
As a User of the services and products available through MyDiet you are fully responsible for your interactions with any third party services or other MyDiet users and MyDiet shall not be held liable for any such disputes from either party involved with the dispute.
In regards to third party services, MyDiet is not responsible for the opinions or content which may or may not be displayed on the third party’s website. Any inclusion of a third party services that is displayed or offered within the services and products that are available from MyDiet does not imply any type of endorsement or approval of that service by MyDiet. When you interact or access any third party service, you do so at your own risk and MyDiet takes no responsibility for your interaction and cannot be held liable.
Furthermore MyDiet is neither responsible nor liable for any damages, injury or any other type of loss caused by a third party in connection with the services and products available through MyDiet or through third party services which may be available.
Responsibility For User Links
User will indemnify and hold MyDiet harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation and maintenance of User links.
User acknowledges this Agreement prior to an account with MyDiet and understands that the status of being an account User will end when terminated by either party. Either the User or MyDiet may terminate this Agreement at any time, with or without cause, by giving the other party 5 days prior written notice of termination. Upon termination, all of MyDiet’s related content and User links shall be removed promptly from being used. Users are only eligible to earn payouts on product and service purchases occurring during the term when the User has an active account with MyDiet, and commissions earned through the date of termination will remain payable to the User only if the product or service purchases are not canceled, charged back or otherwise terminated as long as the User has not violated any other terms and conditions of this Agreement.
Policies and Pricing
MyDiet may at times change policies and operating procedures at any time consistent with applicable laws. MyDiet will determine the prices to be charged for services and products sold through MyDiet in accordance with our own pricing policies. Service and product prices and availability may vary from time to time.
MyDiet will track all service and product purchases that are placed by online through User links in accordance with applicable legal requirements. MyDiet reserves the right to reject any service or product purchase that does not comply with any reasonable requirements that MyDiet may establish for the network. MyDiet will be responsible for all aspects of tracking service and product purchases and granting access to MyDiet’s services and products.
MyDiet grants User a limited, nonexclusive, nontransferable, revocable right to access MyDiet through User links solely in accordance with this Agreement and solely in connection with such links, to use our logos, trade names, trademarks, graphic images and similar identifying materials.
Relationship of Parties
Users and MyDiet are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Users have no authority to make or accept any offers or representations on behalf of MyDiet. Users will not make any statements that reasonably state otherwise.
User acknowledges that by entering into and performing its obligations under this Agreement. MyDiet does not assume and should not be exposed to the business and operational risks associated with a User’s business, or any aspects of the operation or content of a User’s website(s). Accordingly, in addition to any other indemnification obligations contained in this Agreement, User shall protect, defend, hold harmless and indemnify MyDiet from and against any and all claims, actions, liabilities, losses, costs and expenses, even if such claims are groundless, fraudulent or false (including court costs and reasonable attorneys’ fees) incurred as a result of such claims against MyDiet and its licensors, suppliers, officers, directors, employees and agents arising from or connected with any of the Content or activities of a User’s website (including without limitation any activities or aspects thereof or commerce conducted thereon) or related business, or a User’s misuse, unauthorized modification or unauthorized use of the services or products provided by MyDiet.
Limitation of Liability
MyDiet will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or MyDiet’s affiliate program, even if MyDiet has been advised of the possibility of such damages. Further, MyDiet’s aggregate liability arising with respect to this Agreement and MyDiet’s affiliate program will not exceed the total commissions earned by the User under this Agreement.
MyDiet make no express or implied warranties or representations with respect to MyDiet’s affiliate program or any services or products sold through MyDiet’s affiliate program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, MyDiet makes no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. However, MyDiet will make reasonable efforts to correct errors or interruptions promptly.
User acknowledges that they have read this Agreement and agree to all terms and conditions listed within this Agreement. User understands that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained within this Agreement or operate websites that are similar to or compete with your website. User has independently evaluated MyDiet affiliate program and are not relying on any representations, guarantees, or statements other than as set within this Agreement.
User shall not create, publish, distribute, make or permit any public announcement of this Agreement or the relationship contemplated within this Agreement, (including, but not limited to, any press release, client list, screen shot, advertisement or any promotional material) without first submitting such material to MyDiet and receiving MyDiet’s written approval.
Except as otherwise provided in this Agreement or with MyDiet’s prior written consent, User agrees that all information including, without limitation, that the terms and conditions stated herein, MyDiet and MyDiet’s business and financial information, MyDiet’s customer lists, and MyDiet’s pricing and sales information, shall remain strictly confidential and shall not be utilized, directly or indirectly, by a User for a their own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than the Users. Notwithstanding the foregoing, User may deliver a copy of any such information (a) pursuant to a subpoena issued by any court or administrative agency, (b) to User’s accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation or legal process.
This Agreement will be governed by the laws of the United States and the State Of Illinois, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts having jurisdiction and venue in or for Dupage County, Illinois and customer/User irrevocably consents to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. MyDiet’s failure or agreement not to enforce a User’s violation of any provision of this Agreement in a given instance will not constitute a waiver of MyDiet’s right to subsequently enforce such provision or any other provision of this Agreement.
BY COMPLETING YOUR PURCHASE TO CREATE AN ACCOUNT WITH MyDiet YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.