Acceptance of Terms

FoodsDatabase, Inc. (the "Company") provides access to its web site FoodsDatabase.com (the "Site) subject to the terms of service set forth in this document. Your access to the Site is conditional upon your acceptance and compliance with the terms, conditions, notices, and disclaimers contained in this document and elsewhere on the Site (known collectively as the "Terms of Use") and the Privacy Statement. If you do not wish to be bound by these Terms of Use, you may not access or use the Site. If you do not agree with all the provisions contained in these Terms of Use, do not use this Site.

These terms of service may be updated from time to time. Your use of the Site will be subject to the most current version of these terms of service. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

Description of Service

The Site provides users with access to a variety of online resources for diet and fitness management, including a private online diet and fitness journal (the "Service").

No information on FoodsDatabase.com is intended to be a medical diagnosis or constitute professional advice. The Site should never be used as medical advice or used in place of a visit to a qualified medical professional. Always seek the advice of your physician or other qualified health provider prior to starting any new diet or treatment and with any questions you may have regarding a medical condition. The Food and Drug Administration have not evaluated statements on this Site.

This Site is not intended for, and should not be used by individuals who are pregnant, nursing, under 18 years old, have health problems, or have other special nutritional or medical concerns. These individuals have unique nutritional, metabolic, and health needs. The Site will NOT present accurate information to these individuals. Seek the advice of your physician or other qualified health provider.

User Conduct and Responsibilities

You agree not to use the Site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable.

Furthermore, you agree not to 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.

The Company reserves the right to suspend or terminate your account and refuse use of the service if you are found to be violating these responsibilities.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Registration and Password

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.

General Practices Regarding Use and Storage

You acknowledge that the Company may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that information stored in an online journal will be retained by the Site, the maximum number of foods, activities, or other items that can be stored in an account on the Site, the maximum disk space that will be allotted on the Company's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any content maintained by the Site. You acknowledge that the Company reserves the right to terminate accounts that are inactive for an extended period of time (currently 6 months). You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with our without notice.

Modifications to Service

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Termination

The Company reserves the right, at its sole discretion, to suspend or deny you access to all or any portion of the Site with or without notice for any reason. The Company may also, at its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Site.

Links to other Web Sites

The Site contains links to other Web sites. We are not responsible for the content, accuracy, or opinions expressed in such Web sites; and such Web sites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Unsolicited Submissions

We are pleased to hear from our users and welcome your comments regarding our services. If you send us comments, suggestions, ideas, articles, materials, notes, drawings, concepts, or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property and we may use, copy, display, distribute, adapt, transfer, or dispose of Submissions in any way and for any purpose as we may, in our sole discretion, determine appropriate. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

Indemnity

You agree to defend, indemnify, and hold harmless the Company, its affiliates, directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the Service.

DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS SOLELY AT YOUR OWN RISK. NEITHER THE COMPANY, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, ADVERTISERS, SPONSORS, OR OTHERS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE OR THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE.

THE SITE, AND YOUR ACCESS TO IT, IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO ALL GOODS, SERVICES AND INFORMATION PROVIDED ON OR THROUGH THE SITE. NO ORAL OR WRITTEN INFORMATION GIVEN BY US OR ANY PROVIDER SHALL CREATE ANY WARRANTY.

LIMITATION OF LIABILITY

THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR MESSAGES RECEIVED OR PRODUCTS OR SERVICES PURCHASED OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

General Information

These terms of service constitute the entire agreement between you and the Company and govern your use of the Service. These terms of service and the relationship between you and the Company shall be governed by the laws of the Commonwealth of Virginia. If any provision of these terms of service 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 of service, which shall remain in full force and effect. No waiver of any term of these terms of service shall be deemed a further or continuing waiver of such term or any other term.