AGREEMENT TO OUR LEGAL TERMS
We are CalorieTarget (‘Company’, ‘we’, ‘us’, or ‘our’).
We operate the website CalorieTarget.com (the ‘Site’), as well as any other related products and
services that refer or link to these legal terms (the ‘Legal Terms’) (collectively, the ‘Services’).
These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (‘you’), and CalorieTarget, concerning your access to and use
of the Services. You agree that by accessing the Services, you have read, understood, and
agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF
THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time
to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Legal Terms from time to time. We will
alert you about any changes by updating the ‘Last updated’ date of these Legal Terms, and you
waive any right to receive specific notice of each such change. It is your responsibility to
periodically review these Legal Terms to stay informed of updates. You will be subject to, and
will be deemed to have been made aware of and to have accepted, the changes in any revised
Legal Terms by your continued use of the Services after the date such revised Legal Terms are
posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18
are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PROHIBITED ACTIVITIES
5. USER GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENCE
7. THIRD-PARTY WEBSITES AND CONTENT
8. ADVERTISERS
9. SERVICES MANAGEMENT
10. PRIVACY POLICY
11. TERM AND TERMINATION
12. MODIFICATIONS AND INTERRUPTIONS
13. GOVERNING LAW
14. DISPUTE RESOLUTION
15. CORRECTIONS
16. DISCLAIMER
17. LIMITATIONS OF LIABILITY
18. INDEMNIFICATION
19. USER DATA
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
21. CALIFORNIA USERS AND RESIDENTS
22. MISCELLANEOUS
23. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by
any person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access the Services
from other locations do so on their own initiative and are solely responsible for compliance with
local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all
source code, databases, functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the ‘Content’), as well as the
trademarks, service marks, and logos contained therein (the ‘Marks’).
Our Content and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the United States and
around the world.
The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, noncommercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the ‘PROHIBITED ACTIVITIES’
section below, we grant you a non-exclusive, non-transferable, revocable licence to:
• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained
access.
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no
Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this
section or elsewhere in our Legal Terms, please address your request to:
[email protected]. If we ever grant you the permission to post, reproduce, or publicly
display any part of our Services or Content, you must identify us as the owners or licensors of
the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or
is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal
Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the ‘PROHIBITED ACTIVITIES’ section carefully prior to using our
Services to understand the (a) rights you give us and (b) obligations you have when you post or
upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or
other information about the Services (‘Submissions’), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this Submission and be entitled
to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of
the Services you:
• confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES’ and will not
post, send, publish, upload, or transmit through the Services any Submission that is
illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit, false, inaccurate,
deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such
Submission;
• warrant that any such Submission are original to you or that you have the necessary
rights and licences to submit such Submissions and that you have full authority to grant
us the above-mentioned rights in relation to your Submissions; and
• warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any
and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) you have the legal capacity and you
agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you
reside; (3) you will not access the Services through automated or non-human means, whether
through a bot, script or otherwise; (4) you will not use the Services for any illegal or
unauthorised purpose; and (5) your use of the Services will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the
Services available. The Services may not be used in connection with any commercial
endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
• Systematically retrieve data or other content from the Services to create or compile,
directly or indirectly, a collection, compilation, database, or directory without written
permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another
person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive
or active information collection or transmission mechanism, including without limitation,
clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
• Interfere with, disrupt, or create an undue burden on the Services or the networks or
services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing
any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to
the Services, or any portion of the Services.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch
any unauthorised script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorised use of the Services, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretences.
• Use the Services as part of any effort to compete with us or otherwise use the Services
and/or the Content for any revenue-generating endeavour or commercial enterprise.
5. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Services, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal information or other material
(collectively, ‘Contributions’). Contributions may be viewable by other users of the Services and
through third-party websites. When you create or make available any Contributions, you thereby
represent and warrant that:
• The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade secret, or moral
rights of any third party.
• You are the creator and owner of or have the necessary licences, rights, consents, releases,
and permissions to use and to authorise us, the Services, and other users of the Services to
use your Contributions in any manner contemplated by the Services and these Legal Terms.
• You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions in any manner
contemplated by the Services and these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorised advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous,
slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any
other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of
these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result
in, among other things, termination or suspension of your rights to use the Services.
6. CONTRIBUTION LICENCE
You and Services agree that we may access, store, process, and use any information and
personal data that you provide and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use
and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely responsible for your Contributions
to the Services and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
7. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites (‘Third-Party
Websites’) as well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or items belonging to or originating
from third parties (‘Third-Party Content’). Such Third-Party Websites and Third-Party Content
are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by
us, and we are not responsible for any Third-Party Websites accessed through the Services or
any Third-Party Content posted on, available through, or installed from the Services, including
the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of
or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or any Third-Party Content does
not imply approval or endorsement thereof by us. If you decide to leave the Services and
access the Third-Party Websites or to use or install any Third-Party Content, you do so at your
own risk, and you should be aware these Legal Terms no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any website to
which you navigate from the Services or relating to any applications you use or install from the
Services. Any purchases you make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on Third-Party Websites
and you shall hold us blameless from any harm caused by your purchase of such products or
services. Additionally, you shall hold us blameless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any Third-Party Content or any contact
with Third-Party Websites.
8. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of
the Services, such as sidebar advertisements or banner advertisements. We simply provide the
space to place such advertisements, and we have no other relationship with advertisers.
9. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal
Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law
or these Legal Terms, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your Contributions or any
portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Services in a manner designed to
protect our rights and property and to facilitate the proper functioning of the Services.
10. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be bound by our
Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in the United Kingdom. If you access the Services from any
other region of the world with laws or other requirements governing personal data collection,
use, or disclosure that differ from applicable laws in the United Kingdom, then through your
continued use of the Services, you are transferring your data to the United Kingdom, and you
expressly consent to have your data transferred to and processed in the United Kingdom.
11. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or
for any reason at our sole discretion without notice. However, we have no obligation to update
any information on our Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of
the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or releases in connection therewith.
13. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of the United Kingdom,
and the use of the United Nations Convention of Contracts for the International Sales of Goods is
expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally
possess the protection provided to you by obligatory provisions of the law in your country to
residence. CalorieTarget and yourself both agree to submit to the non-exclusive jurisdiction of the
courts of united Kingdom, which means that you may make a claim to defend your consumer
protection rights in regards to these Legal Terms in the United Kingdom, or in the EU country in
which you reside.
14. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these
Legal Terms (each a ‘Dispute’ and collectively, the ‘Disputes’) brought by either you or us
(individually, a ‘Party’ and collectively, the ‘Parties’), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally for at least
__________ days before initiating arbitration. Such informal negotiations commence upon
written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these Legal Terms shall be
determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal
Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its
seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of
which adoption of this clause constitutes acceptance. The seat of arbitration shall be the United
Kingdom. The language of the proceedings shall be __________. Applicable rules of substantive law
shall be the law of the United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually.
To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b)
there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class
action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning
informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to,
or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any
claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
15. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We reserve the
right to correct any errors, inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
16. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS
LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made
by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms;
(3) any breach of your representations and warranties set forth in these Legal Terms; (4) your
violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any
overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive
defence and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this indemnification upon becoming
aware of it.
19. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform regular routine backups of data, you are solely responsible for all data that you transmit
or that relates to any activity you have undertaken using the Services. You agree that we shall
have no liability to you for any loss or corruption of any such data, and you hereby waive any
right of action against us arising from any such loss or corruption of such data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Services, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
21. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance
Unit of the Division of Consumer Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
22. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in
respect to the Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate
as a waiver of such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any
cause beyond our reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defences you may have based on the electronic
form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal
Terms.
23. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding
use of the Services, please contact us at:
CalorieTarget
__________
[email protected]
Last updated September 03, 2023
