1.2. Use of the Platform. Subject to this Term of Use, Good Measures authorizes you to view, print copies (in limited number) of information from, and use the Platform, in each case solely for your personal, non-commercial purposes.
1.4. Platform Security. You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for You as a user or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach or circumvent security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (d) sending or posting unsolicited email or other messages, including promotions or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or posting; (f) using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, scrapers or intelligent agents) to navigate or search the Platform other than the search engine and search agents available on the Platform and other than generally available third party web browsers; or (g) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Platform. Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
1.5. Password Security. Certain parts of the Platform may be protected by passwords or require a login. You are responsible for maintaining the confidentiality of any user names, passwords, security questions, and answers. You understand that you are solely responsible for the use of the Platform (including any Content or Services obtained) using your passwords or other security data, and we have no duty to inquire as to the authority or propriety of any use of the Platform using your passwords or other security data. It is your responsibility to notify us immediately of any unauthorized use of your passwords or other security data.
2.2. Content. All content that Good Measures provides (“Content”), excluding individualized information provided in a one-on-one communication by a Good Measures registered dietician, is general in nature and is for informational purposes only. Content may include nutritional or exercise information or information as diverse as location data. Content may also include direct communications with a Good Measures associate or dietitian through e-mail, telephone, or the Internet. The Content is provided on an “AS IS” basis, and is dependent in some cases on the quality of information that You and other third parties provide to Good Measures. You should not assume that the Content is complete or up-to-date, and should not use the Content for any purpose for which precision is required. If You have questions regarding the significance for You of information that You learn from the Content, ask Your physician, dietitian, or other clinically trained healthcare provider.
Good Measures does not engage in the practice of medicine, and is not a healthcare provider (although Good Measures’ registered dieticians who provide registered dietician services are providers of registered dietician services). That means, among other things, that we do not diagnose illnesses and we do not recommend treatments. You remain responsible for the food You eat, for the supplements You take, and for any physical exertion You undertake. Always seek the advice of Your physician, dietitian, or other clinically trained healthcare provider with any questions You have regarding a medical condition (including food allergies; pregnancy; nursing; or chronic conditions such as diabetes, high cholesterol, and cardiovascular disease) before using any of the material we provide to You as part of the Platform.
Any diagnosis or treatment decisions made by You should be made in consultation with Your qualified healthcare provider. Do not rely solely on the Content or on anything You have received via the Platform to make medical or treatment decisions. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE PLATFORM, INCLUDING ANY OF OUR REPORTS, COMMUNICATIONS OR OTHER CONTENT.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
2.4. DMCA Notice. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) and other applicable law, if we are notified or determine, in our sole discretion, that You are an infringer of a third party’s intellectual property rights, we will terminate Your access to the Platform. If You are a copyright owner and You believe that any user-provided Content or any other Content present on the Platform infringes upon a copyright You own, You or Your agent may send us written notice pursuant to the DMCA requesting that we remove the material or restrict access to it. If You are a user of the Platform that believes that Your user-provided Content that was removed, or to which access was disabled, is not infringing, or that You are permitted pursuant to applicable law or have the permission of the copyright owner or his, her, or its agent to exploit Your user-provided Content, You may send us a counter-notice. Please visit http://copyright.gov for further information if You wish to send a notice or counter-notice to us. All notices, counter-notices, and complaints should be sent to us at the following address: email@example.com.
4.2. To the extent You submit or provide to Good Measures any suggestions or feedback relating to the Platform (“Suggestions”), the Suggestions will be deemed, and will remain, the sole property of Good Measures. None of the Suggestions will be subject to any obligation of confidence on the part of Good Measures. Good Measures will not be liable for any use or disclosure of any Suggestions. Without limiting the foregoing, Good Measures will be entitled to unrestricted use and other exploitation of the Suggestions for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to you. If for any reason any of the Suggestions cannot be deemed or remain the sole property of Good Measures, You grant Good Measures the exclusive, worldwide, transferable, perpetual, irrevocable, freely sublicensable royalty-free right to reproduce, publish, distribute, publicly display, perform, use, and otherwise exploit such Suggestions in any manner. Any use of your Suggestions will be in accordance with our Notice of Privacy Practices, to the extent applicable.
YOU ACKNOWLEDGE THAT USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. GOOD MEASURES DISCLAIMS AND EXCLUDES ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, INTEROPERABILITY, TITLE OR NON-INFRINGEMENT. GOOD MEASURES DOES NOT WARRANT THAT THE PLATFORM WILL SATISFY YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED. SEE SECTON 2 FOR ADDITIONAL INFORMATION REGARDING THE CONTENT. Good Measures assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the Platform. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You.
Questions and Complaints. Please direct any questions or complaints with respect to the Platform to Good Measures at: 888-320-1776 or firstname.lastname@example.org.
© Good Measures, LLC 2017. Initial effective date: January 7, 2011. Current as of January 2, 2017.