Site Content (“Content”)and Software are intended for the sole purpose of management of complex diets, exclusively under professional medical supervision. Content and Software (the “Site”) are intended to be educational and are not intended to either provide, or be a substitute for, professional medical advice, diagnosis or treatment of any health condition. Please consult a qualified medical professional regarding any change to diet. Anaphylaxis must be treated exclusively by a physician. Elimination of foods from diet may lead to nutrient depletion. Children on any diet must be supervised by a qualified medical professional. Users/Purchasers warrant that they are 18 years of age and have the capacity to accept these Terms / Waiver / Release (“Terms”).
Laboratory User
Laboratory Users are not within the definition of “Professional Users”, and their typically high volume use requires a unique agreement/contract : Please contact info@rotationdietsoftware.com
Professional User
Professional User is a health professional in public or private practice, using the RotationDietPlus Software exclusively to serve his/her own clients, directly, for the purpose of supporting his/her clients’ health concerns.
Liability for Use of Content and Software
The use of Content, and Software tool (the “Site”) is entirely at User’s (including reader and/or software user) own risk. User and/or purchaser waive all rights to assert any claim whatsoever, or bring any legal action whatsoever against NutritionForThought Inc. and user and/or purchaser understand they thereby give up substantial rights.
For example, NutritionForThought Inc. (“NutritionForThought”) provides the Site on “as is” basis. To the fullest extent permitted by law, NutritionForThought disclaims all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantabilty, non-infringement of third parties’ rights, and fitness for particular purpose. Without limiting the foregoing, NutritionForThought and its suppliers make no representations or warranties about the following: the accuracy, reliability, completeness, currentness, or timeliness of the Site, and this including but not limited to text, graphics, links, or communications provided on or through the use of the Site. User/Purchaser understands that NutritionForThought has no control or legal responsibility whatsoever for any third party content referred to on the Site: ie. links are intended for user/purchaser’s consideration and evaluation, under supervision of a qualified health professional. As such, under no circumstances will NutritionForThought be liable for any loss or damage resulting from use of Third Party Content transmitted on the Site.
For example, adherence to all applicable laws and regulations in all jurisdictions, including but not limited to federal/state/provincial/local, governing professional licensing, business practices, advertising, etc. is the sole responsibility of the purchaser or reader.
For example, any perceived slights of specific people or organizations, of any kind are entirely unintentional.
For clarity, in no event shall NutritionForThought be liable for any damages whatsoever (including, and 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 of or inability to use the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not NutritionForThought is advised of the possibility of such damages. Without limiting the forgoing, and additionally, the user of the Site, on his/her own behalf holds NutritionForThought entirely harmless; Professional-Use-Purchasers (“Professional Users”) agree to fully defend, indemnify and hold NutritionForThought entirely harmless from all liability arising from Professional Users use of the Site on behalf of any/all client(s).
Permitted Use of Content and/or Software
NutritionForThought authorizes only current and uptodate purchaser of the RotationDietPlus Software (the “Software”) to access and work on the Software, and then only for purchaser’s exclusive benefit as per the terms of purchaser’s unique purchase agreement (Professional or Individual), and with purchaser operating at maximum three (3) IP addresses for individual users, and maximum of eight(8) IP addresses for Professional Users. For permission to increase permitted IP addresses above said numbers, due to special needs, contact NutritionForThought at info@rotationdietsoftware.com.
Reference by any user (purchasers are a subset of users) to any/all of the Site (including Content and Software), must include the following copyright notice: “Copyright ©2011, NutritionForThought Inc. All rights reserved”, EXCEPT that ALL material accessible through the User Resources page is for the EXCLUSIVE use of those users currently subscribed through PayPal, and for clarity, no part of the material accessible through the “User Resources” Page of the website is to be made public, including by reproduction or transmission in any form whatsoever or by any means whatsoever, including electronic, mechanical or otherwise, and including that it is not to be downloaded, printed, photocopied, recorded, faxed, emailed, posted online or made publicly available by any information storage and retrieval system, without express written permission of NutritionForThought.
NutritionForThought asserts full copyright protection of the Site, under Canadian, United States and foreign laws. Title to the Site remains with NutritionForThought. Any use of the Site not expressly permitted herein is a breach of the Terms a and may violate copyright, trademark, and other laws. The Site, including Terms, is subject to change or termination without notice in the editorial discretion of NutritionForThought. All rights not expressly granted herein are reserved to NutritionForThought. By continued use of Site, User/Purchaser accept all modifications, and accept the responsibility to reread the Terms for modifications. If user violates any of the Terms, their permission to use the Site automatically terminates and access may be disabled, and purchaser database content may be lost.
Severability
Invalidation of any part(s) of the Terms shall not invalidate the remainder, which continue in full effect.
Electronic Delivery of Terms and Conditions
User agrees that the electronic delivery and/or user act of using the “Site” has the same legal force and effect as a written contract with a written signature. User acknowledges they have had the opportunity to print the Terms and Conditions of Use.
The RotationDietPlus Software helps manage complex diets. Consult a qualified health professional for any dietary change.