(1) Acceptance of
BestLodging.com (the "Company") provides access to
its diet web site BestLodging.com/diet (the "Site") subject to the terms
of service indicated in this document. By visiting or using our Site, you
agree to comply with and be bound by this Agreement. If you do not agree
to the following, you shall not use this Site. These terms of service may
be updated by the Company at any time. Your use of our Site will be
contingent upon agreeing to the most recent version of the terms of
service. The terms "You" and "User" as used below to include any and all
individuals and/or entities accessing this web site for any reason
This Agreement is void where prohibited by law, and the right to access
this Site is revoked in such jurisdictions.
The Company provides users with access to a plethora
of online diet and fitness programs, including, but not limited
to The BestLodging.com Diet, a pretrial diet, a travel / party diet,
a weight training program, muscle gain program, supplement usage program
and a cardiovascular training program.
No information accessible from the http://BestLodging.com/diet
home page is intended to be a medical diagnosis, or
medical advice. Therefore, it shall never be used as
medical advice or used in place of a medical practitioner. Always seek the
advice of your physician or other qualified individual before starting any
new diet, muscle gain program, supplement usage program and/or
fitness program and with any questions you may have regarding a medical
condition. Always get approval from a physician before starting any
program on this web site
This Site, and the supplements
mentioned are not intended to cure any diseases, and the Food and
Drug Administration has not evaluated statements made on the Site or the
supplements unless otherwise stated.
The Site should not be used by individuals who are pregnant,
nursing, under 18 years old, have health problems, or those who have other
special nutritional or medical concerns, without the express approval
of a physician.
User Conduct and
You agree not to use the Site for illegal purposes
or for the transmission of material that is unlawful, harassing, libelous,
invasive of another's privacy, abusive, threatening, harmful, vulgar,
obscene, tortuous, or otherwise objectionable.
You agree not to interfere with or disrupt the Site or servers or
networks connected to the Site, or disobey any requirements, procedures,
policies or regulations of networks connected to the Site.
The Company has the right to suspend or terminate your access to this
Site and refuse use of the Service.
The content, organization, graphics,
design, compilation, magnetic translation, digital conversion and other
matters related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited to
intellectual property) rights. The BestLodging.com Diet is a
affiliated with BestLodging.com. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except as
allowed by the following "Limited Right to Use" section, is strictly
prohibited. You do not acquire ownership rights to any content, document
or other materials viewed through the Site. The posting of information or
materials on the Site does not constitute a waiver of any right in such
information and materials.
Limited Right to Use
viewing, printing or downloading of any content, graphic, form or document
from the Site grants you only a limited, nonexclusive license for use
solely by you for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative
works or other use. No part of any content, form or document may be
reproduced in any form or incorporated into any information retrieval
system, electronic or mechanical, other than for your personal use (but
not for resale or redistribution).
The data, artwork, related
programs and scripts are the copyrighted property of BestLodging.com/diet
or other information providers. This may not be reproduced, sold,
transferred, or modified without the express advance written permission of
BestLodging.com or other providers.
We reserve the right, and you authorize us, to the use
and assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our Privacy
Registration and Password
In the event that
this Site later requires registration and a password to access the Site,
you will be responsible for maintaining the confidentiality of
your information and password. You shall be responsible for all uses of
your registration, whether or not authorized by you. You agree to
immediately notify the Company of any unauthorized use of your
registration or password. In this case, you will not give out
your user id and password for anyone else to access the
site. If you violate this clause, we reserve the right to permanently
delete your account without further warning.
The Company plans to continue this Service for as long
as the Owner is alive (hopefully another 60 years)! However,
it reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, parts of the Service, or all of
the Service, with or without notice. The Company shall not be liable to
you or to any third party for any modification, suspension or
discontinuance of this Service.
Company reserves the right, at its sole discretion, to suspend or deny
access to all or any portion of the Site with or without notice for any
reason. You agree that the Company shall not be liable to you or anyone
else for any termination of your access to the Site.
to other Web Sites
The Site may contain links to other Web sites.
We are not responsible for the content, accuracy or opinions express in
such Web sites, and such Web sites are not investigated, monitored or
checked for accuracy or completeness by us. Inclusion of any linked Web
site on our Site does not imply approval or endorsement of the linked Web
site by us. If you decide to leave our Site and access these third-party
sites, you do so at your own risk.
We are pleased to hear from our users and welcome your
comments regarding improving or modifying our services. If you
send us comments, suggestions, ideas, articles, materials, notes,
drawings, concepts or other information (collectively, "Submissions"), the
Submissions shall be deemed, and shall remain, our property and we may
use, copy, display, distribute, adapt, transfer or dispose of Submissions
in any way and for any purpose as we may, in our sole discretion,
determine appropriate. None of the Submissions shall be subject to any
obligation of confidence on our part, and we shall not be liable for any
use or disclosure of any Submissions.
agree to defend, indemnify and hold harmless the Company, its affiliates,
directors, officers, employees and agents from and against all claims and
expenses, including attorneys' fees, arising out of the use by you of the
YOU EXPRESSLY AGREE THAT USE OF
THE SITE IS SOLELY AT YOUR OWN RISK. NEITHER THE COMPANY, NOR OUR
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, ADVERTISERS, SPONSORS,
OR OTHERS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR
ERROR-FREE; NOR DO WE OR THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY,
OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED
ON OR THROUGH THE SITE.
THE SITE, AND YOUR ACCESS TO IT, IS PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO ALL GOODS,
SERVICES AND INFORMATION PROVIDED ON OR THROUGH THE SITE. NO ORAL OR
WRITTEN INFORMATION GIVEN BY US NOR ANY PROVIDER SHALL CREATE ANY
LIMITATION OF LIABILITY
THE COMPANY SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT,
RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR MESSAGES
RECEIVED OR PRODUCTS OR SERVICES PURCHASED OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF THE COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These terms of service constitute the entire agreement
between you and the Company and govern your use of the Service. These
terms of service and the relationship between you and the Company shall be
governed by the laws of the state of California. If any provision of these
terms of service are found to be invalid by any court having jurisdiction,
the invalidity of such provision shall not affect the validity of the
remaining provisions of these terms of service, which shall remain in full
force and effect. No waiver of any term of these terms of service shall be
deemed a further or continuing waiver of such term or any other term.