Terms Of Use

Please read these Terms of Use carefully because they are legally binding on you even if you are simply browsing www.thecandidadiet.com (Our “Site”) without registering an account. By using Our Site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, you must exit Our Site.

INFORMATION ABOUT US

Our Site is owned and operated by Perfect Health Ltd (“We”, “Us” & “Our”) out of Vancouver, Canada.

ACCESSING OUR SITE

Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on Our Site without notice (see below). We will not be liable if for any reason Our Site is unavailable at any time or for any period.

From time to time, We may restrict access to some parts of Our Site or the entire Site.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time, if in Our opinion you have failed to comply with any of the provisions of these Terms of Use.

To use Our Site, you must accept Our Disclaimer.

You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these Terms, and that they comply with them.

INTELLECTUAL PROPERTY

We, Our affiliates, or Our licensors are the owners or the licensees of all intellectual property rights in Our Site, and in the material published on it including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks. Those works are protected by Canadian and international copyright, trademark and other intellectual property laws and treaties.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content or software obtained from Our Site.

You may print one copy, download any page(s) from Our Site for your personal reference and you may share the material posted on Our Site for non-commercial personal purposes only.

You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged. You must cite and link to, when possible, Our Site as the source of the content. You may not remove any copyright, trademark, or other proprietary notices including attribution information, credits, and notices, that are placed in or near the text, images, or data.

Our Site is for your personal and non-commercial use. You must not use any part of the materials on Our Site for commercial purposes without obtaining a license to do so from Us or Our licensors.

If you print, copy or download any material from Our Site in breach of these Terms of Use, your right to use Our Site will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.

You must comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified in the metadata or as may otherwise apply to Our Site content.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on Our Site are not intended as advice. Please do not rely on anything you read on Our Site. We disclaim (see our Disclaimer) all liability arising out of any reliance on Our Site materials by anyone.

OUR SITE CHANGES REGULARLY

We aim to update Our Site regularly, and may change the content at any time. If the need arises, We may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time, and We are under no obligation to update such material.

ELECTRONIC COMMUNICATIONS

You agree that all notices or other communications regarding your account and/or your use of Our Site (“Communications”), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use Our Site.

DISCLAIMER OF WARRANTY

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. NO CLAIM SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER 12 MONTHS FROM THE UNDERLYING CAUSE OF ACTION.

YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT ANY CONTENT WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with Our Privacy Policy. By using Our Site, you consent to such processing and you warrant that all data provided by you is accurate.

UPLOADING MATERIAL TO OUR SITE

You retain all of your ownership rights in the content you submit to Our Site. However, by submitting content to the Site, you hereby grant Us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content, including without limitation for promoting the Site in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your content through the Site, and to use, reproduce, distribute, display and perform your content as permitted through the functionality of the Site and under these Terms of Use.

By submitting any content, you represent and warrant that: (i) you own the content posted by you on or through Our Site or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your content on or through Our Site does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of content you post on or through Our Site. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Our Site.

We have the right to remove any material or posting you make on Our Site if, in Our opinion, such material does not comply with Our content standards.

INDEMNIFICATION

You agree to indemnify and hold Our Site (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys’ fees, costs, expenses or damages arising out of or related to any material you upload, a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR SITE

You may link to Our home page, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with Our content standards.

If you wish to make any use of material on Our Site other than that set out above, please contact us via our Contact form.

LINKS FROM OUR SITE

Where Our Site contains links to other sites and resources provided by related sites or third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Such links do not imply or constitute Our endorsement of those sites or vice versa.

SEVERABILITY

Should any part of these Terms of Use be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect. Enforcement of these Terms of Use is solely in Our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of Our right to enforce them in other instances.

ASSIGNMENT

We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Use, at Our sole discretion, without obtaining your consent.

GOVERNING LAW AND JURISDICTION

All matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Canada and by the laws of the province of British Columbia without regard to any conflicts of laws provisions which would result in application of any other law. You irrevocably agree to the personal jurisdiction by and venue in the city and provincial courts sitting in City of Vancouver, British Columbia, Canada and waive any objection to such jurisdiction or venue.

VARIATIONS

We may revise these Terms of Use at any time by amending this page. The date these Terms of Use were updated last is indicated at the top of this page. You are expected to check this page from time to time to take notice of any changes We made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on Our Site.

YOUR CONCERNS

If you have any concerns about material which appears on Our Site, please contact us via our Contact form.

Thank you for visiting Our Site.

Last Update: April 12, 2013

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