Terms of Use Agreement
This agreement (hereinafter, the "Agreement") between SCANDINAVIAN DIETS, LLC (hereinafter, "SCANDINAVIAN DIETS", "us" or "we") and you (hereinafter, “User”) sets forth the terms and conditions which govern User’s use of any of the SCANDINAVIAN DIETS or SCANDINAVIAN DIETS sponsored websites (hereinafter, the "Sites") and/or the services (hereinafter, the "Services") thereon which are provided by SCANDINAVIAN DIETS.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY ACCESSING OR USING THE SITES AND/OR SERVICES, USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF USER DOES NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, USER MAY NOT ACCESS OR USE THE SITES OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. SCANDINAVIAN DIETS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. USER’S USE OF ANY OF THE SITES AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED USER’S ACCEPTANCE OF SUCH CHANGES. USER AGREES TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND USER’S CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED USER’S CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Limited License; Use of Services. SCANDINAVIAN DIETS grants to User a limited personal, non-exclusive and non-transferable right and license to access the Sites and use the Services thereon. Unless otherwise specified in writing, the Services are for User’s personal and non-commercial use.
SCANDINAVIAN DIETS's Services shall contain, without limitation, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and various other message communication applications.
2. Billing Policies. Membership/Registration is FREE. When User registers with SCANDINAVIAN DIETS for the Services provided by SCANDINAVIAN DIETS, User’s fee is $0.00 (FREE!!).
Some Services offered by SCANDINAVIAN DIETS are subscription-based services. If User opens a subscription-based account with any of SCANDINAVIAN DIETS' Sites, User hereby agrees to pay all charges to User’s account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.SCANDINAVIAN DIETS reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason.
Cancel anytime to discontinue User’s membership. Cancellation becomes effective at the time SCANDINAVIAN-DIETS receives notice of cancellation as set forth in Paragraph 3 of this Agreement.
Certain products or Services may be offered for sale on the Sites. In the event User wishes to purchase or to subscribe for any of these products or Services, User will be asked by SCANDINAVIAN DIETS or an authorized third party to supply certain information, including without limitation, User’s full name, address, telephone number and credit card information. User agrees to provide SCANDINAVIAN DIETS or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that User may enter into governing User’s purchase of the product or Service. User shall be responsible for all charges incurred through User’s account as well as for paying any applicable taxes.
3. Automatic Renewal Terms. User’s subscription will be automatically renewed and User’s credit card will be automatically charged on a monthly basis for as long as User remains a member. User agrees that SCANDINAVIAN DIETS will not be obligated to send User any renewal or advance billing notices or confirmations that User’s credit card has been charged.
User’s right to use the Service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to User’s credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate User’s access and account, thereby terminating this Agreement and all SCANDINAVIAN DIETS obligations hereunder. User is required to pay any amounts still owed to SCANDINAVIAN DIETS at the time User’s account is suspended or terminated.
In the event User elects to terminate User’s subscription then user shall notify SCANDINAVIAN DIETS trough cancellation directly on the web page or by email to membership@scandinaviandiets.com. Terminations are not retroactive. User may still be obligated to pay for other charges incurred. If User has an outstanding balance due on any SCANDINAVIAN DIETS account, User hereby agrees that SCANDINAVIAN DIETS may charge these unpaid fees to User’s credit card.
4. Prohibited Activities. In connection with User’s use of the Sites and/or the Services, User acknowledges and agrees that User will not:
use the Sites and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. User may not use the Site or the Services in any manner that could damage, disable, overburden or impair SCANDINAVIAN DIETS's servers or networks, or interfere with any other User's use and enjoyment of the Sites and/or the Services. Furthermore, User may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to SCANDINAVIAN DIETS through hacking, password mining or any other means. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.
5. Message Boards and Chat Rooms. SCANDINAVIAN DIETS hosts message boards, chats and other public forums on its Sites. Any User failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. SCANDINAVIAN DIETS or its designated agents may remove or alter any User-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for Users and subscribers. Information and content posted within these public forums may be provided by SCANDINAVIAN DIETS staff, SCANDINAVIAN DIETS's outside contributors, or by Users not connected with SCANDINAVIAN DIETS, some of whom may employ anonymous user names. SCANDINAVIAN DIETS expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by User’s reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of SCANDINAVIAN DIETS or any of its subsidiaries or affiliates.
6. Monitoring. SCANDINAVIAN DIETS has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, User acknowledges and agrees that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
If SCANDINAVIAN DIETS is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, SCANDINAVIAN DIETS may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Web site. SCANDINAVIAN DIETS may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Web site; or (iii) to protect the rights or property of SCANDINAVIAN DIETS, its Users or Providers.
SCANDINAVIAN DIETS reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, this site, or any rights of SCANDINAVIAN DIETS or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither SCANDINAVIAN DIETS nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither SCANDINAVIAN DIETS, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on this Web site.
Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. User is responsible for adhering to such limitations.
7. Third Party Content. In general, the content contained on any of the Sites or Services is supplied by third parties and Users. Accordingly, SCANDINAVIAN DIETS is a distributor (and not a publisher) of such content and has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not SCANDINAVIAN DIETS. Neither SCANDINAVIAN DIETS nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, SCANDINAVIAN DIETS neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites or Services by anyone other than an authorized SCANDINAVIAN DIETS representative while acting in his/her official capacity.
This site may reference or link to third-party sites throughout the World Wide Web. SCANDINAVIAN DIETS has no control over these sites or the content within them. SCANDINAVIAN DIETS cannot and does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. SCANDINAVIAN DIETS does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact User’s computer. SCANDINAVIAN DIETS does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. User should carefully review their privacy statements and other terms and conditions of use. By using this site to search for or link to another site, User agrees and understands that User may not make any claim against SCANDINAVIAN DIETS for any damages or losses, whatsoever, resulting from User’s use of this site to obtain search results or to link to another site.
User’s participation, correspondence or business dealings with any third party found on or through our Sites and Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between User and such third party. User agrees that SCANDINAVIAN DIETS shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
8. Accounts, Passwords and Security. If any of the Sites or Services requires User to open an account, User must complete the registration process by providing SCANDINAVIAN DIETS with current, complete and accurate information, as prompted by the applicable registration form. User acknowledges that by providing any information to SCANDINAVIAN DIETS which is untrue, inaccurate, not current or incomplete, SCANDINAVIAN DIETS reserves the right to terminate this Agreement and User’s continued access and use of the Sites and/or the Services.
As part of the registration process, User will be asked to select a username and password. User is entirely responsible for maintaining the security and confidentiality of User’s account and password. FURTHERMORE, USER IS ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY USER OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH USER’S ACCOUNT. User agrees to notify SCANDINAVIAN DIETS immediately of any unauthorized use of User’s account or any other breach of security. SCANDINAVIAN DIETS will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User may be held liable for any losses incurred by SCANDINAVIAN DIETS or another party due to someone else using User’s account or password. SCANDINAVIAN DIETS and its affiliates reserve the right to refuse services, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
9. Disclaimer Regarding Links. The links on any of the Sites and/or Services will let User leave the particular Site or Service User is accessing in order to access a linked site (the "Linked Sites"). SCANDINAVIAN DIETS provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has SCANDINAVIAN DIETS reviewed or approved the content which appears on the Linked Sites. SCANDINAVIAN DIETS is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. User acknowledges and agrees that SCANDINAVIAN DIETS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
10. Proprietary Rights. User acknowledges and agrees that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of SCANDINAVIAN DIETS or its licensors. User further acknowledges and agrees that any content contained in advertisements or information presented to User through advertisers concerning SCANDINAVIAN DIETS or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, " Submission Materials") or by posting such Submission Materials on the Sites, User hereby grants to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to User, the provider of the Submission Materials. The foregoing license to SCANDINAVIAN DIETS shall be fully paid-up and royalty free. In addition, under no circumstances shall SCANDINAVIAN DIETS have any obligation whatsoever to pay a fee to any subscriber or User in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of SCANDINAVIAN DIETS' business through a merger, sale or transfer of all or substantially all of the assets of SCANDINAVIAN DIETS, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers.
None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on SCANDINAVIAN DIETS' part and we shall not be liable for any use or disclosure of any such Submission Materials.
11. Privacy. SCANDINAVIAN DIETS' policy with respect to the collection and use of User’s personally identifiable information is set forth at Privacy Policy. By accepting these Terms of Service, User acknowledges this policy.
12. Disclaimer of Warranties. THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCANDINAVIAN DIETS AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) USER’S USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE, CURRENT OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, or (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER’S USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT USER’S OWN RISK.
SCANDINAVIAN DIETS DOES NOT ENDORSE, RECOMMEND OR SPONSOR AND IS NOT AFFILIATED WITH ANY INDIVIDIUALS OR ENTITIES LISTED OR LINKED TO ON THIS SITE UNLESS THAT FACT IS EXPRESSLY STATED.
14. Limitation of Liability. NEITHER SCANDINAVIAN DIETS NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, SPONSORS OR OTHER PARTNERS, EMPLOYEES AND REPRESENTATIVES ARE RESPONSIBLE OR LIABLE TO USER OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL SCANDINAVIAN DIETS' TOTAL LIABILITY TO USER FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY USER, IF ANY, FOR USING ANY OF THE SERVICES, PRODUCTS OR THE SITES.
Under no circumstances shall SCANDINAVIAN DIETS or any other party involved in creating, producing, or distributing this Web site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Web site, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to this site's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Sites. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
15. Professional Advice Disclaimer. SCANDINAVIAN DIETS'S SITES DO NOT PROVIDE MEDICAL OR COUNSELING ADVICE. NOTHING STATED OR POSTED ON ANY SITES OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. OUR SITES ARE CONTINUALLY UNDER DEVELOPMENT AND SCANDINAVIAN DIETS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, CURRENCY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT. THE LISTING OF ANY INDIVIDUAL OR ENTITY DOES NOT CONSTITUTE A MEDICAL REFERAL OF ANY KIND. USERS ARE ADVISED TO EXERCISE THEIR OWN FURTHER INFORMED REVIEW, JUDGMENT AND EVALUATION IN THE SELECTION OF ANY AND ALL MEDICAL PROFESSIONALS AND HEALTH INFORMATION.
16. Indemnification. User agrees to indemnify, defend, and hold SCANDINAVIAN DIETS and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) User’s breach of this Agreement, (ii) any allegation that any materials that User submits to SCANDINAVIAN DIETS or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) User’s access or use of the Sites and/or the Services. This Section 16 shall survive in the event this Agreement is terminated for any reason.
17. Jurisdictional Issues. SCANDINAVIAN DIETS makes no representation or warranty that the content and materials on the Sites and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. SCANDINAVIAN DIETS reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.
This Agreement and the relationship between User and SCANDINAVIAN DIETS shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. User and SCANDINAVIAN DIETS irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Denver, in the State of Colorado, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
18. Termination. This Agreement shall remain effective until terminated in accordance with its own terms and conditions. User agrees that SCANDINAVIAN DIETS, in its sole discretion, may terminate User’s password, account (in whole or in part), or use of the Sites or Services, and remove and discard any content within the Sites, at any time and for any reason. User agrees that any actions taken under this Section 18 may be effective without prior notice to User. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on User’s part shall survive indefinitely.
19. Copyrights. All materials and contents contained in this Web site (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Web site itself, are copyrighted materials belonging exclusively to SCANDINAVIAN DIETS. or its content suppliers and are protected by United States and international copyright law. SCANDINAVIAN DIETS enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
20. Trademarks. SCANDINAVIAN DIETS, S-DIETS and their respective logo and other marks indicated on our site are the exclusive property and trademarks of SCANDINAVIAN DIETS. SCANDINAVIAN DIETS reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by SCANDINAVIAN DIETS that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SCANDINAVIAN DIETS.
21. General Information. This Agreement constitutes the entire agreement and understanding between User and SCANDINAVIAN DIETS and governs User’s use of the Sites and the Services, superseding any prior agreements between User and SCANDINAVIAN DIETS. The failure of SCANDINAVIAN DIETS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by User except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without User’s consent.
22. No Waiver. No waiver by SCANDINAVIAN DIETS of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. A failure on the part of SCANDINAVIAN DIETS to enforce any part of this agreement shall not constitute a waiver of any of SCANDINAVIAN DIETS’ rights under this agreement, whether for past or future actions on the part of any person
23. Communications. When User visit’s our website or send emails to SCANDINAVIAN DIETS, User is communicating with SCANDINAVIAN DIETS electronically. User consents to receive communications from SCANDINAVIAN DIETS electronically. SCANDINAVIAN DIETS will communicate with User by email or by posting notices on this site. User agrees that all agreements, notices, disclosures and other communications that we provide to User electronically satisfy any legal requirement that such communications be in writing.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY ACCESSING OR USING THE SITES AND/OR SERVICES, USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF USER DOES NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, USER MAY NOT ACCESS OR USE THE SITES OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. SCANDINAVIAN DIETS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. USER’S USE OF ANY OF THE SITES AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED USER’S ACCEPTANCE OF SUCH CHANGES. USER AGREES TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND USER’S CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED USER’S CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Limited License; Use of Services. SCANDINAVIAN DIETS grants to User a limited personal, non-exclusive and non-transferable right and license to access the Sites and use the Services thereon. Unless otherwise specified in writing, the Services are for User’s personal and non-commercial use.
SCANDINAVIAN DIETS's Services shall contain, without limitation, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and various other message communication applications.
2. Billing Policies. Membership/Registration is FREE. When User registers with SCANDINAVIAN DIETS for the Services provided by SCANDINAVIAN DIETS, User’s fee is $0.00 (FREE!!).
Some Services offered by SCANDINAVIAN DIETS are subscription-based services. If User opens a subscription-based account with any of SCANDINAVIAN DIETS' Sites, User hereby agrees to pay all charges to User’s account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.SCANDINAVIAN DIETS reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason.
Cancel anytime to discontinue User’s membership. Cancellation becomes effective at the time SCANDINAVIAN-DIETS receives notice of cancellation as set forth in Paragraph 3 of this Agreement.
Certain products or Services may be offered for sale on the Sites. In the event User wishes to purchase or to subscribe for any of these products or Services, User will be asked by SCANDINAVIAN DIETS or an authorized third party to supply certain information, including without limitation, User’s full name, address, telephone number and credit card information. User agrees to provide SCANDINAVIAN DIETS or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that User may enter into governing User’s purchase of the product or Service. User shall be responsible for all charges incurred through User’s account as well as for paying any applicable taxes.
3. Automatic Renewal Terms. User’s subscription will be automatically renewed and User’s credit card will be automatically charged on a monthly basis for as long as User remains a member. User agrees that SCANDINAVIAN DIETS will not be obligated to send User any renewal or advance billing notices or confirmations that User’s credit card has been charged.
User’s right to use the Service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to User’s credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate User’s access and account, thereby terminating this Agreement and all SCANDINAVIAN DIETS obligations hereunder. User is required to pay any amounts still owed to SCANDINAVIAN DIETS at the time User’s account is suspended or terminated.
In the event User elects to terminate User’s subscription then user shall notify SCANDINAVIAN DIETS trough cancellation directly on the web page or by email to membership@scandinaviandiets.com. Terminations are not retroactive. User may still be obligated to pay for other charges incurred. If User has an outstanding balance due on any SCANDINAVIAN DIETS account, User hereby agrees that SCANDINAVIAN DIETS may charge these unpaid fees to User’s credit card.
4. Prohibited Activities. In connection with User’s use of the Sites and/or the Services, User acknowledges and agrees that User will not:
- copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services;
- access the Sites or Services by any means other than through the standard industry-accepted or SCANDINAVIAN DIETS-provided interfaces;
- transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity, as solely determined by SCANDINAVIAN DIETS;
- impersonate any person or entity, including without limitation, an SCANDINAVIAN DIETS official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent User’s affiliation with such a person or entity;
- post or transmit any material that contains a virus or corrupted data;
- delete any author attributions, legal notices or proprietary designations or labels that User uploads to any communication feature;
- post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
- violate any applicable local, state, national or international law;
- upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- delete or revise any material posted by any other person or entity;
- register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any SCANDINAVIAN DIETS product or Service if User is not expressly authorized by such party to do so; or
use the Sites and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. User may not use the Site or the Services in any manner that could damage, disable, overburden or impair SCANDINAVIAN DIETS's servers or networks, or interfere with any other User's use and enjoyment of the Sites and/or the Services. Furthermore, User may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to SCANDINAVIAN DIETS through hacking, password mining or any other means. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.
5. Message Boards and Chat Rooms. SCANDINAVIAN DIETS hosts message boards, chats and other public forums on its Sites. Any User failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. SCANDINAVIAN DIETS or its designated agents may remove or alter any User-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for Users and subscribers. Information and content posted within these public forums may be provided by SCANDINAVIAN DIETS staff, SCANDINAVIAN DIETS's outside contributors, or by Users not connected with SCANDINAVIAN DIETS, some of whom may employ anonymous user names. SCANDINAVIAN DIETS expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by User’s reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of SCANDINAVIAN DIETS or any of its subsidiaries or affiliates.
6. Monitoring. SCANDINAVIAN DIETS has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, User acknowledges and agrees that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
If SCANDINAVIAN DIETS is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, SCANDINAVIAN DIETS may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Web site. SCANDINAVIAN DIETS may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Web site; or (iii) to protect the rights or property of SCANDINAVIAN DIETS, its Users or Providers.
SCANDINAVIAN DIETS reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, this site, or any rights of SCANDINAVIAN DIETS or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither SCANDINAVIAN DIETS nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither SCANDINAVIAN DIETS, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on this Web site.
Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. User is responsible for adhering to such limitations.
7. Third Party Content. In general, the content contained on any of the Sites or Services is supplied by third parties and Users. Accordingly, SCANDINAVIAN DIETS is a distributor (and not a publisher) of such content and has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not SCANDINAVIAN DIETS. Neither SCANDINAVIAN DIETS nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, SCANDINAVIAN DIETS neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites or Services by anyone other than an authorized SCANDINAVIAN DIETS representative while acting in his/her official capacity.
This site may reference or link to third-party sites throughout the World Wide Web. SCANDINAVIAN DIETS has no control over these sites or the content within them. SCANDINAVIAN DIETS cannot and does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. SCANDINAVIAN DIETS does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact User’s computer. SCANDINAVIAN DIETS does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. User should carefully review their privacy statements and other terms and conditions of use. By using this site to search for or link to another site, User agrees and understands that User may not make any claim against SCANDINAVIAN DIETS for any damages or losses, whatsoever, resulting from User’s use of this site to obtain search results or to link to another site.
User’s participation, correspondence or business dealings with any third party found on or through our Sites and Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between User and such third party. User agrees that SCANDINAVIAN DIETS shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
8. Accounts, Passwords and Security. If any of the Sites or Services requires User to open an account, User must complete the registration process by providing SCANDINAVIAN DIETS with current, complete and accurate information, as prompted by the applicable registration form. User acknowledges that by providing any information to SCANDINAVIAN DIETS which is untrue, inaccurate, not current or incomplete, SCANDINAVIAN DIETS reserves the right to terminate this Agreement and User’s continued access and use of the Sites and/or the Services.
As part of the registration process, User will be asked to select a username and password. User is entirely responsible for maintaining the security and confidentiality of User’s account and password. FURTHERMORE, USER IS ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY USER OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH USER’S ACCOUNT. User agrees to notify SCANDINAVIAN DIETS immediately of any unauthorized use of User’s account or any other breach of security. SCANDINAVIAN DIETS will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User may be held liable for any losses incurred by SCANDINAVIAN DIETS or another party due to someone else using User’s account or password. SCANDINAVIAN DIETS and its affiliates reserve the right to refuse services, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
9. Disclaimer Regarding Links. The links on any of the Sites and/or Services will let User leave the particular Site or Service User is accessing in order to access a linked site (the "Linked Sites"). SCANDINAVIAN DIETS provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has SCANDINAVIAN DIETS reviewed or approved the content which appears on the Linked Sites. SCANDINAVIAN DIETS is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. User acknowledges and agrees that SCANDINAVIAN DIETS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
10. Proprietary Rights. User acknowledges and agrees that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of SCANDINAVIAN DIETS or its licensors. User further acknowledges and agrees that any content contained in advertisements or information presented to User through advertisers concerning SCANDINAVIAN DIETS or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, " Submission Materials") or by posting such Submission Materials on the Sites, User hereby grants to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to User, the provider of the Submission Materials. The foregoing license to SCANDINAVIAN DIETS shall be fully paid-up and royalty free. In addition, under no circumstances shall SCANDINAVIAN DIETS have any obligation whatsoever to pay a fee to any subscriber or User in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of SCANDINAVIAN DIETS' business through a merger, sale or transfer of all or substantially all of the assets of SCANDINAVIAN DIETS, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers.
None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on SCANDINAVIAN DIETS' part and we shall not be liable for any use or disclosure of any such Submission Materials.
11. Privacy. SCANDINAVIAN DIETS' policy with respect to the collection and use of User’s personally identifiable information is set forth at Privacy Policy. By accepting these Terms of Service, User acknowledges this policy.
12. Disclaimer of Warranties. THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCANDINAVIAN DIETS AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) USER’S USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE, CURRENT OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, or (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER’S USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT USER’S OWN RISK.
SCANDINAVIAN DIETS DOES NOT ENDORSE, RECOMMEND OR SPONSOR AND IS NOT AFFILIATED WITH ANY INDIVIDIUALS OR ENTITIES LISTED OR LINKED TO ON THIS SITE UNLESS THAT FACT IS EXPRESSLY STATED.
14. Limitation of Liability. NEITHER SCANDINAVIAN DIETS NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, SPONSORS OR OTHER PARTNERS, EMPLOYEES AND REPRESENTATIVES ARE RESPONSIBLE OR LIABLE TO USER OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL SCANDINAVIAN DIETS' TOTAL LIABILITY TO USER FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY USER, IF ANY, FOR USING ANY OF THE SERVICES, PRODUCTS OR THE SITES.
Under no circumstances shall SCANDINAVIAN DIETS or any other party involved in creating, producing, or distributing this Web site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Web site, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to this site's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Sites. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
15. Professional Advice Disclaimer. SCANDINAVIAN DIETS'S SITES DO NOT PROVIDE MEDICAL OR COUNSELING ADVICE. NOTHING STATED OR POSTED ON ANY SITES OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. OUR SITES ARE CONTINUALLY UNDER DEVELOPMENT AND SCANDINAVIAN DIETS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, CURRENCY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT. THE LISTING OF ANY INDIVIDUAL OR ENTITY DOES NOT CONSTITUTE A MEDICAL REFERAL OF ANY KIND. USERS ARE ADVISED TO EXERCISE THEIR OWN FURTHER INFORMED REVIEW, JUDGMENT AND EVALUATION IN THE SELECTION OF ANY AND ALL MEDICAL PROFESSIONALS AND HEALTH INFORMATION.
16. Indemnification. User agrees to indemnify, defend, and hold SCANDINAVIAN DIETS and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) User’s breach of this Agreement, (ii) any allegation that any materials that User submits to SCANDINAVIAN DIETS or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) User’s access or use of the Sites and/or the Services. This Section 16 shall survive in the event this Agreement is terminated for any reason.
17. Jurisdictional Issues. SCANDINAVIAN DIETS makes no representation or warranty that the content and materials on the Sites and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. SCANDINAVIAN DIETS reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.
This Agreement and the relationship between User and SCANDINAVIAN DIETS shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. User and SCANDINAVIAN DIETS irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Denver, in the State of Colorado, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
18. Termination. This Agreement shall remain effective until terminated in accordance with its own terms and conditions. User agrees that SCANDINAVIAN DIETS, in its sole discretion, may terminate User’s password, account (in whole or in part), or use of the Sites or Services, and remove and discard any content within the Sites, at any time and for any reason. User agrees that any actions taken under this Section 18 may be effective without prior notice to User. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on User’s part shall survive indefinitely.
19. Copyrights. All materials and contents contained in this Web site (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Web site itself, are copyrighted materials belonging exclusively to SCANDINAVIAN DIETS. or its content suppliers and are protected by United States and international copyright law. SCANDINAVIAN DIETS enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
20. Trademarks. SCANDINAVIAN DIETS, S-DIETS and their respective logo and other marks indicated on our site are the exclusive property and trademarks of SCANDINAVIAN DIETS. SCANDINAVIAN DIETS reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by SCANDINAVIAN DIETS that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SCANDINAVIAN DIETS.
21. General Information. This Agreement constitutes the entire agreement and understanding between User and SCANDINAVIAN DIETS and governs User’s use of the Sites and the Services, superseding any prior agreements between User and SCANDINAVIAN DIETS. The failure of SCANDINAVIAN DIETS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by User except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without User’s consent.
22. No Waiver. No waiver by SCANDINAVIAN DIETS of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. A failure on the part of SCANDINAVIAN DIETS to enforce any part of this agreement shall not constitute a waiver of any of SCANDINAVIAN DIETS’ rights under this agreement, whether for past or future actions on the part of any person
23. Communications. When User visit’s our website or send emails to SCANDINAVIAN DIETS, User is communicating with SCANDINAVIAN DIETS electronically. User consents to receive communications from SCANDINAVIAN DIETS electronically. SCANDINAVIAN DIETS will communicate with User by email or by posting notices on this site. User agrees that all agreements, notices, disclosures and other communications that we provide to User electronically satisfy any legal requirement that such communications be in writing.
