By using this site, you agree to these Terms and Conditions. If you do not agree
to all of these Terms and Conditions of use, you should not use this site.
Nutricia North America ("SHS") may change, modify, add or remove portions of these
Terms and Conditions at any time. Your continued usage of the MySpecialDiet.com
website (the "Site,") will mean you accept those changes.
A. Content
The information presented on the Site, including but not limited to articles,
catalogs, text, software, photographs, video, design, graphics or other material
contained on the Site (“Content”), is offered for educational purposes only. The
information on this Site does not provide a substitute for medical counseling.
Always consult your physician or other health care provider to determine if one
or more of our diet and/or care instructions are right for your needs. Do not
follow a diet and/or care instruction if your physician or health care provider
advises against it. We also reserve the right to cancel your membership should
you violate the terms and conditions of this Agreement and any other policy
posted on the Site.
We will use reasonable efforts to include accurate and up-to-date Content and
information on the Site. From time to time, we will include content and/or
information provided by third parties. By clicking on certain links within the
Site, you may leave the SHS Site for an outside Web site (“Third Party Site”)
which SHS neither owns nor controls. SHS shall not be liable to you for your use
of a Third Party Site or any content found there.
B. Children’s Privacy
We are committed to protecting the privacy of children. We do not collect
personally identifiable information from any person we actually know is a child
under the age of 13. Children must have parental permission to use the Site
C. Use Of Content
1. The Content is protected by copyright under both United States and foreign
laws. Title to the Content remains with SHS or its licensors. Any use of the
Content not expressly permitted by these Terms and Conditions is a breach of
these Terms and Conditions and may violate copyright, trademark, and other laws.
Content and features are subject to change or termination without notice in the
editorial discretion of SHS. All rights not expressly granted herein are
reserved to SHS and its licensors.
You acknowledge and agree that all Content is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Unless
otherwise specified, we grant you a non-exclusive, non-transferable, limited
right to access, use and display this Web site and the Content for your
personal, noncommercial use, provided that you comply fully with the provisions
of these Terms and Conditions. You may not copy, reproduce, distribute or create
derivative works from this Content or otherwise use, transmit, rebroadcast,
publish, or distribute in any form this Content other than as expressly
authorized by these Terms and Conditions without SHS’ prior, written consent.
You understand and agree that you are permitted to make one (1) copy of such
Content for personal use only, provided you:
Keep all copyright and other proprietary notices on every copy you make.
Use the material in a manner consistent with these Terms and Conditions and in
a manner that complies with all applicable laws in the jurisdiction in which you
download, display or otherwise use the Content.
Understand that we aren’t transferring ownership of the materials directly or
by implication, nor are we granting any license or right to our trademarks,
trade names, or copyrights of any party.
Using any of our materials for a commercial purpose without our express written
consent, except as provided above, violates our copyrights and other proprietary
rights.
2. Furthermore, you agree not to: (i) permit other individuals to use the
Content except under the terms listed above; (ii) modify, translate, reverse
engineer, decompile, disassemble (except to the extent that this restriction is
expressly prohibited by law) or create derivative works based upon the Content;
(iii) rent, lease, transfer, or otherwise transfer rights to the Content; or
(iv) remove any proprietary notices or labels on the Content.
3. If any of these Terms and Conditions are violated, your permission to use the
Content automatically terminates and you must immediately destroy any copies you
have made of any portion of the Content.
D. Liability Of MySpecialDiet.com And Its Licensors
1. The use of the Site and the Content is at your own risk.
2. When using the Site, information will be transmitted over a medium that may
be beyond the control and jurisdiction of SHS and its suppliers (licensors).
Accordingly, SHS assumes no liability for or relating to the delay, failure,
interruption, or corruption of any data or other information transmitted in
connection with use of the Site.
3. The Site and the Content are provided on an "as is" basis. SHS, its
licensors, and its suppliers, to the fullest extent permitted by law, disclaim
all warranties, either express or implied, statutory or otherwise, including but
not limited to the implied warranties of merchantability, non-infringement of
third parties' rights, and fitness for particular purpose. Without limiting the
foregoing, SHS, its licensors, and its suppliers make no representations or
warranties about the following:
a. The accuracy, reliability, completeness, or timeliness of the Content,
software, text, graphics, links, or communications provided on or through the
use of the Site or SHS.
b. The satisfaction of any government regulations requiring disclosure of
information on prescription drug products or the approval or compliance of any
software tools with regard to the Content contained on the Site.
4. In no event shall SHS, its licensors, its suppliers, or any third parties
mentioned on the Site be liable for any damages (including, 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 or the Content, whether based on
warranty, contract, tort, or any other legal theory, and whether or not SHS is
advised of the possibility of such damages. SHS shall be liable only to the
extent of actual damages incurred by you, not to exceed U.S. $1000. SHS is not
liable for any personal injury, including death, caused by your use or misuse of
the Site, Content, or Public Areas (as defined below). Any claims arising in
connection with your use of the Site, any Content, or the Public Areas must be
brought within one (1) year of the date of the event giving rise to such action
occurred. Remedies under these Terms and Conditions are exclusive and are
limited to those expressly provided for in these Terms and Conditions.
E. User Submissions
1. You agree that you will not upload or transmit any communications or content
of any type to the Public Areas (including message boards) that infringe or
violate any rights of any party. By submitting communications or content to the
Public Areas, you agree that such submission is non-confidential for all
purposes.
2. If you submit any business information, idea, concept or invention to SHS by
email, you agree such submission is non-confidential for all purposes.
3. If you make any submission to the Site or if you submit any business
information, idea, concept or invention to SHS by email, you automatically
grant--or warrant that the owner of such content or intellectual property has
expressly granted-- SHS a royalty-free, perpetual, irrevocable, world-wide
nonexclusive license to use, reproduce, create derivative works from, modify,
publish, edit, translate, distribute, perform, and display the communication or
content in any media or medium, or any form, format, or forum now known or
hereafter developed. SHS may sublicense its rights through multiple tiers of
sublicenses. If you wish to keep any business information, ideas, concepts or
inventions private or proprietary, do not submit them to the Site or SHS.
4. If you are a registered user or subscriber of this Web site, you are entirely
responsible for maintaining the confidentiality of your password and user
account information. You must notify us immediately in the event of any known or
suspected unauthorized use of your user account, or any known or suspected
breach of security, including loss, theft, or unauthorized disclosure of your or
anyone else’s password. You are entirely responsible for any and all activities
which occur under your user account. You agree to immediately notify us of any
unauthorized use of your user account or any other breach of security known to
you.
F. Terms of use for Public Areas of the Site
1. If you use a portion of the Site that contains Content that is viewable by
other users (“Public Areas”), such as a chat room or a bulletin board, you are
solely responsible for your own communications, the consequences of posting
those communications, and your reliance on any communications found in the
Public Areas. SHS is not responsible for the consequences of any communications
in the Public Areas. In cases where you feel threatened or believe someone else
is in danger, you should contact your local law enforcement agency immediately.
If you think you may have a medical emergency, call your doctor or 911
immediately.
2. All forum communications, including, but not limited to chat and message
board communications, are public and not private communications. We reserve the
right to monitor some, all, or no areas of this Site for adherence to the
community standards and conduct guidelines set forth above or for any other
purpose. You acknowledge that by providing you with the ability to distribute
postings in the forums, we are acting as a passive conduit for such distribution
and we are not undertaking any obligation or liability relating to any postings
or activities in any forum. Although we reserve the right to remove, without
notice, any forum posting for any reason, we have no obligation to delete
postings that you may find objectionable or offensive.
3. In consideration of being allowed to use the Public Areas, you agree that the
following actions shall constitute a violation of the Terms and Conditions for
the Public Areas:
Using a Public Area for any purpose in violation of local, state, national, or
international laws;
Posting material that infringes on the intellectual property rights of others
or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening,
harassing, abusive, slanderous, hateful, or embarrassing to any other person or
entity as determined by SHS in its sole discretion;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue,
or posting comments that are not related to the topic being discussed (unless it
is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including email
addresses, without their identification for posting or viewing comments;
Allowing any other person or entity to use your identification for posting or
viewing comments;
Posting the same note more than once or "spamming";
Engaging in any other conduct that restricts or inhibits any other person from
using or enjoying the Public Area or the Site, or which, in the judgment of SHS,
exposes SHS or any of its customers or suppliers to liability or detriment of
any type.
Forging headers or otherwise manipulating identifiers in order to disguise the
origin of any postings or other materials transmitted to or through this Site;
Uploading, posting, e-mailing or otherwise transmitting any postings or other
materials that contain software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the function of any computer
software or hardware or telecommunications equipment;
Disrupting the normal flow of dialogue, causing a screen to “scroll” faster
than other uses of a public area are able to type, or otherwise acting in a
manner that negatively affects other users’ ability to use any forum;
Interfering with or disrupting this Site or servers or networks connected to
this Site; or disobeying any requirements, procedures, policies or regulations
of networks connected to the Site; or
“Stalking” or otherwise harassing another user or employee of this Site.
3. SHS reserves the right (but is not obligated) to do any or all of the
following in response to your violation of the Terms of Conditions for the
Public Areas:
Investigate an allegation that a communication(s) do(es) not conform to the
terms of this section and determine in its sole discretion to remove or request
the removal of the communication(s).
Remove communications, which are abusive, illegal, or disruptive, or that
otherwise fail to conform to these Terms and Conditions.
Terminate a user's access to any or all Public Areas and/or the Site upon any
breach of these Terms and Conditions.
Delete any communication(s) posted on the Site, regardless of whether such
communication(s) violate these standards.
SHS reserves the right to take any action it deems necessary to protect the
personal safety of our guests or the public. SHS has no liability or
responsibility to users of the Site or any other person or entity for
performance or nonperformance of the aforementioned activities.
G. Advertisements, Searches And Links To Other Web Sites
SHS may provide links to third-party web sites. SHS does not recommend and does
not endorse the content on any third-party websites. SHS is not responsible for
the content of linked third-party sites, sites framed within the Site,
third-party sites provided as search results, or third-party advertisements, and
does not make any representations regarding their content or accuracy. Your use
of third-party websites is at your own risk and subject to the terms and
conditions of use for such sites.
H. Indemnity
You agree to defend, indemnify, and hold SHS, its officers, directors,
employees, agents, licensors, and suppliers, harmless from and against any
claims, actions or demands, liabilities and settlements including without
limitation, reasonable legal and accounting fees, resulting from, or alleged to
result from, your use of the Site or the violation of these Terms and Conditions
or any product related hereto.
I. General
Access to the Content may not be legal by certain persons or in certain
countries. If you access the Site from outside the United States, you do so at
your own risk and are responsible for compliance with the laws of your
jurisdiction. The following provisions survive the expiration or termination of
these Terms and Conditions for any reason whatsoever: Liability, User
Submissions, Indemnity, Jurisdiction, and Complete Agreement.
J. Jurisdiction
1. You expressly agree that exclusive jurisdiction for any dispute with SHS, or
in any way relating to your use of the Site, resides in the courts of the State
of Maryland and you further agree and expressly consent to the exercise of
personal jurisdiction in the courts of the State of Maryland in connection with
any such dispute including any claim involving SHS or its affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication
providers, and content providers.
2. These Terms and Conditions are governed by the internal substantive laws of
the State of Maryland, without respect to its conflict of laws principles. If
any provision of these Terms and Conditions is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms and Conditions, which
shall remain in full force and effect. No waiver of any of these Terms and
Conditions shall be deemed a further or continuing waiver of such term or
condition or any other term or condition.
K. Complete Agreement
These Terms And Conditions,
the Privacy Policy
and Membership Agreement
constitute the entire agreement between you and SHS with respect to
the use of the SHS Site and the Content.
Thank you for your cooperation. We hope you find the SHS Site helpful and
convenient to use! Questions or comments regarding this website, including any
reports of non-functioning links, should be directed by electronic mail to
[email protected] or via U.S. mail to Nutricia North America, P.O. Box 117,
Gaithersburg, MD 20884.
L. Termination
MySpecialDiet.com may terminate any membership, without refund, for activity
that is inconsistent with these Terms and Conditions.
