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MyFitnessPal.com Terms of Use PLEASE NOTE: Always consult a physician before starting a fitness program or changing your diet. Not all exercises or activities are suitable for everyone. If you feel discomfort or pain, stop. The instructions and advice presented are in no way intended as a substitute for medical or psychological counseling. By using the MyFitnessPal.com Web site, owned and operated by LeeCommerce LLC (ìLeeCommerceî), you are subject to certain terms and conditions as set forth below. 1. Scope of Use The material provided by MyFitnessPal.com ("MyFitnessPal") is for general informational purposes only - MyFitnessPal is not a healthcare practitioner and has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. MyFitnessPal.com is not a prescription system and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Members are responsible for their own health, diet research and decisions; therefore MyFitnessPal.com requires that you consult with your physician or healthcare practitioner before dieting, making any personal health decisions, or following any training instructions you receive through MyFitnessPal.com or participating in any event announced on our site. By registering for MyFitnessPal.com, you certify that you have received consent from your physician to participate in the programs, workouts, and exercises to be provided by MyFitnessPal.com. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and or death. MyFitnessPal is not responsible for any health problems that may result from training programs, products, or events you learn about through MyFitnessPal.com. If you engage in any exercise program you receive through MyFitnessPal.com, you agree that you do so at your own risk, and are voluntarily participating in these activities. MyFitnessPal tries to provide only the most helpful and accurate information, but MyFitnessPal cannot verify, endorse or vouch for the information, services or recommendations available through MyFitnessPal.com. MyFitnessPal is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through MyFitnessPal.com, or for any health problems that may result from training programs, products, or events you learn about through the site. 2. Eligible Users MyFitnessPal is available only to individuals eighteen years of age and older, and to individuals who can form legally binding contracts under applicable law. By using MyFitnessPal, you represent and warrant that you meet these criteria and you agree to having the ability under applicable law to enter into a legally binding contract. 3. Individual Use. You are only authorized to use this Site for your own individual use, and may not duplicate, download, publish, modify or otherwise distribute any material on MyFitnessPal for any purpose other than for your own individual use, unless otherwise specifically authorized by MyFitnessPal. You agree not to transfer or resell your use of or access to your program to any third party. 4. General Terms and Conditions You agree to: - Maintain the security of your member name, password and other confidential information relating to your MyFitnessPal account; - Update your personal information, including email address. Members must provide a valid email address. 5. Modifications MyFitnessPal may amend or modify the terms and conditions of this Agreement at any time by posting a revised MyFitnessPal Terms of Use document on the MyFitnessPal Web site. You are responsible for regularly reviewing the MyFitnessPal Web site to obtain timely notice of such amendments. Any continued use of the Service by you after such amended terms have been posted shall be deemed your consent and agreement to such amended terms. Furthermore, MyFitnessPal reserves the right, at any time and for any or no reason, to limit, deny, modify or discontinue the Service with or without notice to you. MyFitnessPal shall not be liable to you or any third party should MyFitnessPal exercise its right to modify or discontinue the Service. 6. Message Boards and Private Messaging Systems Message boards on the MyFitnessPal website will contain information that can be posted and viewed by anyone on the internet. MyFitnessPal does not endorse any information posted on the message boards. Please consult a physician or other relevant expert (depending on the nature of the information) before practicing anything you read on the message boards or using any information from the boards. MyFitnessPal is not responsible for the information posted on the boards or for editing any factual errors or making any type of corrections to information presented on the message boards. Any action taken by a viewer of the boards based on information presented on the boards is at your own risk and could be dangerous or life-threatening. MyFitnessPal will not review all communications or materials posted on its on-line forums, private, and instant messaging systems, and is not responsible in any manner for the content of posted communications or materials. You may not post or transmit any communications or materials, and MyFitnessPal has the right to block or delete any communications or materials, on MyFitnessPal's message boards or private messaging systems that may: (i) be libelous, defamatory, indecent, obscene, or pornographic, offensive, harmful, threatening, harassing, abusive, hateful, fraudulent, deceptive, or misleading, or constitute stalking, or disclose private or personal information about another person; (ii) violate the privacy or property rights of others, including any unauthorized copyrighted communications or materials, trade secrets, protected intellectual property rights, or other confidential or trademarked proprietary information; (iii) interfere with the viewing or use by others of MyFitnessPal's on-line forums, private, or instant messaging systems, use simultaneous, unattended or continuous connections to MyFitnessPal, or post or transmit any file containing any viruses or any contaminating or destructive code or features; (iv) constitute requests for charity, petitions for signatures, chain letters, or communications or materials for any pyramid schemes, advertising, solicitations, or promotional communications or materials of any kind, or be used to harvest or collect information about other users of the on-line forums, private, and instant messaging systems of MyFitnessPal; or (v) be deemed unacceptable for any reason by MyFitnessPal. MyFitnessPal may take steps as it deems necessary to investigate any violation of this Agreement, including the recording of any communications or materials in its message boards or private messaging systems. Posts submitted to the MyFitnessPal Message Boards are not considered confidential. These posts may be used by MyFitnessPal for any purpose without requiring permission from the originator 7. Email Some of our members will make their email addresses available if they wish to converse with others users with similar interests and/or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, racially offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Members found using email information in this manner will be stripped of their membership. MyFitnessPal.com is not responsible for the content of email messages sent by its members or from a third party. 7. Member Conduct We assume members of MyFitnessPal.com will act responsibly and use the tools provided by MyFitnessPal.com in a law-abiding manner. If MyFitnessPal.com determines that any member is not using the system responsibly, we can and will censor, edit or block their transmissions or use of MyFitnessPal.com. 9. Warranty Disclaimer Access to and use of the services is at your own risk. The services are provided on an 'as is' and 'as available' basis. LeeCommerce does not warrant that MyFitnessPal.com or any of it's services will be uninterrupted or error-free, including temporary site unavailability or short term server crashes. If you experience ongoing technical problems, please contact support@MyFitnessPal.com. 10. Waiver, release and limitation of liability You agree that neither LeeCommerce, or its affiliates, subsidiaries, officers, directors, employees, agents, consultants or information providers or suppliers, shall have any liability to you under any theory of liability or indemnity in connection with your use of MyFitnessPal.com. You hereby release and forever waive any and all claims you may have against LeeCommerce, its officers, directors, employees, agents, consultants, information providers or suppliers for losses or damages you sustain in connection with your use of MyFitnessPal.com. The total liability of LeeCommerce, and its officers, directors, employees, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of MyFitnessPal.com are hereby excluded even if LeeCommerce or its officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. Void where prohibited by law. 11. Indemnification: You agree to indemnify, defend and hold harmless LeeCommerce, its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, suppliers and any third-parties from any loss, liability, claim, demand, action or damage, including reasonable attorneys' fees, arising out of or related to (i) your use or access of MyFitnessPal.com or services, (ii) the use of your MyFitnessPal.com account, (iii) any content, information or material you receive on or through MyFitnessPal.com, (iv) any content, information or material you post or transmit via MyFitnessPal.com or related email service, or (v) your breach or violation of any of these Terms of Use.

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