Terms of Service

Last Updated: 9/1/07

EatSmartProducts.com terms and conditions of use:

Please read these terms of use carefully before accessing this website. If you do not understand or agree with these term do not continue using the site.

EatSmartProducts.com (the "Site") is owned and operated by HealthTools LLC ("HealthTools"). The Site is controlled and operated in whole or in part by HealthTools from its offices within the United States

ACCEPTANCE OF TERMS
Your continued use of this Site and the services it provides constitutes your binding acceptance of these terms (the "Terms") and HealthTools's Privacy Policy and any modifications made. The Terms and Conditions of Use may be updated by HealthTools at any time without notice to you. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms and Conditions of Use on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.

1. YOUR RESPONSIBILITIES
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Site and for paying all charges related thereto. When you register to obtain access to certain areas of the Site or to receive certain services HealthTools provides, HealthTools collects certain personal information about you. You agree that HealthTools may use any information HealthTools obtains about you in accordance with the provisions of HealthTool's Privacy Notice. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. In addition, you agree not to use the Site to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) stalk, harass, or harm another individual; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (g) 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.

2. PRICING OR TYPOGRAPHICAL ERRORS
While HealthTools strives to provide accurate product and pricing information, pricing or typographical errors may occur. Such errors may occur on this Web Site, in advertisements placed on this Web Site or in other documents linked to this Web Site. In the event that an item is listed at an incorrect price or with incorrect information by HealthTools and/or Site users due to an error in pricing or product information, HealthTools shall have the right, at its sole discretion, to refuse orders placed for that item or modify the transaction at HealthTools's sole discretion. Prices and availability are subject to change without notice.

3. SOFTWARE
If HealthTools makes any software product available for download through the Site, your use of that software is governed by the terms of the applicable license agreement for such software and you are prohibited from installing such software unless you agree to the terms of such license agreement.

4. TERMINATION
You agree that HealthTools may suspend your access to all or part of the Site, without notice, if: (a) you violate these Terms; (b) HealthTools is unable to verify or authenticate any information that you provide; or (c) you engage in any conduct that HealthTools, in its sole discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of HealthTools, any other Site user, or any third party. Further, you agree that HealthTools shall not be liable to you or any third party for any termination of your access to the Site. You may discontinue your participation in and access to the Site at any time. HealthTools reserves the right to investigate your use of the Site in the event HealthTools, in its sole discretion, believes you have violated these Terms.

5. MODIFICATIONS TO TERMS
HealthTools may change these Terms from time to time. HealthTools will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the Site. Continued use of the Site following notice of any such changes shall indicate your acknowledgement and acceptance of these Terms as modified.

6. MODIFICATIONS TO SITE
HealthTools reserves the right to modify or discontinue the Site with or without notice to you. HealthTools shall not be liable to you or any third party should HealthTools exercise its right to modify or discontinue the Site.

7. FEES
HealthTools reserves the right at any time to charge fees for access to new Site content or services or to portions of the existing Site content or services or to the Site as a whole. In no event will you be charged for access to any Site content or service, or to the Site as a whole, unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to paid content or services.

8. PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your Site password, and you are solely responsible for all activities that occur under your password. HealthTools recommends that you memorize this information, and not write it down. You agree to immediately notify HealthTools of any unauthorized use of your password or any other breach of security related to the Site. HealthTools reserves the right to require you to alter your password if HealthTools believes that your password is no longer secure. HealthTools will not be liable for any loss or damage arising from your failure to adequately safeguard your password. HealthTools makes every reasonable effort to protect all data provided by users of this web site. As a condition to your use of this Web Site, you agree that you will not, and you will not take any action intended to: (1) access data that is not intended for you; (2) invade the privacy of, obtain the identity of, or obtain any personal information about any HealthTools customer or user of this Web Site; (3) probe, scan or test the vulnerability of this Web Site or the HealthTools network or breach security or authentication measures without proper authorization; (4) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Web Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; or (5) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability. HealthTools reserves the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this Web Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from HealthTools on this Web Site and other than generally available third party web browsers.

9. MEMBERSHIP AND ACCOUNT RESPONSIBILITY
Membership and utilization of the Site is available to anyone who truthfully and accurately provides all required information (including a legitimate email address) and obtains a unique username and password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Furthermore, you are strongly advised to maintain and protect your privacy by choosing carefully what personally identifiable information you include in Content you post on the Site. We utilize email to communicate with our users about service-related matters. In addition, if you utilize a third-party service provided through the Site, that third party may need to email you regarding their service. We may also contact you via email to notify you about special offers available to Site members. By becoming a Site member you are consenting to the receipt of these communications. The Site is an advertising supported Internet site. By becoming a Site member you consent to having your Content co-mingled with advertisements that appear on the Site or are incorporated into the services we provide.

10. MONITORING OF CONTENT
HealthTools does not monitor, control, or have knowledge of any content transmitted using the Site. You agree that you are solely responsible for all content you transmit and receive using the Site.

11. LINKS
HealthTools's provision of a link to any other Web site or Internet resource is for your convenience only and does not signify HealthTools's endorsement of such other Web site or resource or its contents. HEALTHTOOLS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE AVAILABILITY OR ACCURACY OF SUCH SITES OR RESOURCES OR THE CONTENT, ADVERTISING, OR PRODUCTS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES.

12. NO RESALE OF SITE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. The Site is provided for your personal, noncommercial use only.

13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEALTHTOOLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). HEALTHTOOLS MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. HEALTHTOOLS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEALTHTOOLS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NONE OF THE INFORMATION PROVIDED THROUGH OR IN CONNECTION WITH THE SITE IS INTENDED TO (A) OFFER MEDICAL ADVICE FOR THE TREATMENT OF ILLNESS OR DISEASE OR (B) BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. SUCH INFORMATION SHOULD NOT BE CONSIDERED COMPLETE, NOR SHOULD IT BE RELIED ON TO SUGGEST A COURSE OF TREATMENT FOR A PARTICULAR INDIVIDUAL. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER PROMPTLY. ALWAYS CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE EMBARKING ON A NEW TREATMENT, DIET, OR FITNESS PROGRAM. YOU SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION PROVIDED THROUGH OR IN CONNECTION WITH THE SITE.

14. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL HEALTHTOOLS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE SITE.

15. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that HealthTools may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of HealthTools' liability shall be the minimum permitted under such applicable law.

16. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless HealthTools, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from (i) any information you submit, post, or transmit through the Site, (ii) your violation of these Terms, or (iii) your violation of any rights of any other person or entity.

17. TRADEMARKS
"HealthTools" "as well as certain other of the names, logos, and materials displayed in the Site constitute trademarks, tradenames, service marks or logos ("Marks") of HealthTools or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with HealthTools or those other entities.

18. COPYRIGHTS; RESTRICTIONS ON USE
The content on the Site (the "Content"), including without limitation, text, photos, and graphics, is copyrighted by HealthTools and/or its licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by HealthTools or its licensors. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of HealthTools and its applicable licensors, with the sole exception that one copy may be downloaded onto a single computer for your personal, noncommercial use. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

19. APPLICABLE LAW
These Terms shall be construed in accordance with the laws of the State of New Jersey, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Trenton, New Jersey if seeking interim or preliminary relief or enforcement of an arbitration award.

20. MISCELLANEOUS
These Terms constitute the entire and exclusive and final statement of the agreement between you and HealthTools with respect to the subject matter hereof, and govern your use of the Site, superseding any prior agreements or negotiations between you and HealthTools with respect to the subject matter hereof. These Terms and the relationship between you and HealthTools shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Site shall be brought in the Federal or State courts located in San Francisco County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of HealthTools to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of HealthTools and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 12 through 18 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Site.