DIETSURE.COM TERMS AND CONDITIONS --------------------------------- This agreement is between Nutrition Systems (referred to as “us”, “our” or “we” in these terms) and the visitor (referred to as “you” or “your” in these terms) of our web site Dietsure.com (referred to as the "Site" in these terms). 1. TERMS OF USE 1.1 You may use the Site providing you agree to the terms of use set forth in this document. If you do not agree to these terms of use, you must not use this Site. If you use the Site, you will be deemed to have accepted these terms. 1.2 We reserve the right to change these terms of use by posting any changes on the Site. The new terms will be effective immediately they are posted. 2. DESCRIPTION OF SERVICE 2.1 The Site provides you with access to a variety of tools and resources to create, plan and analyse recipes, diets and menus for individuals or groups (the "Service"). 2.2 No information provided on the Site is intended to be medical advice. The Site should never be used as medical advice or in place of a visit to a medical or nutritional specialist. Always consult with your doctor prior to starting a new diet. 3. PROVISION OF SERVICE 3.1 Your site subscription provides you with access to the tools and resources advertised as part of that subscription for one calendar year. 3.2 We may establish general practices and limits concerning the use of the Site, including without limitation the maximum length of time that your information is retained by the Site, the maximum number of foods, recipes or other items that can be stored in an account, the maximum disk space that will be allotted to an account on our servers and the maximum number of times you may access the Site in a given period of time. 3.3 We have no responsibility or liability for the deletion or failure to store any content or information maintained by the Site. 3.4 We reserve the right to log off accounts that are inactive for an extended period of time. 3.5 We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or part thereof) with or without notice. We will not be liable to you or any third party for any modification, suspension or discontinuance of Service. 3.5 We reserve the right to change these practices and limits at any time, at our discretion, with or without notice. 4. USER ACCESS 4.1 You are responsible for maintaining the confidentiality of your personal information and Site access details and password. 4.2 You shall be responsible for all uses of your Site account, whether or not authorised by you. You agree to immediately notify us should you become aware of any unauthorised use of your Site account. 4.3 We maintain the right to suspend, terminate, deactivate or delete your account and refuse further use of the Service, without liability to you or any third party. 5. USE OF MATERIAL 5.1 We recognise that when you obtain access to the Site, your computer downloads a copy of the material on this Site. By obtaining access to the Site, you agree that you will use the material for your personal use only. You agree not to use the material for any commercial purpose. 5.2 In particular, you may not do any of the following without prior written permission from us:- 5.2.1 redistribute or modify any of the content of the Site unless you obtain written permission from us by way of an authorised officer; 5.2.2 remove any copyright or trade mark notices from any copies of the content; 5.2.3 create a database in electronic or structured manual form by systematically downloading and storing any or all of the content of the Site. 5.3 We reserve the right to the use and assignment of all information regarding Site use by you, and all information provided by you, in any manner consistent with our Privacy Policy. 6. INTELLECTUAL PROPERTY 6.1 The Site and all of the related pages, including but not limited to content, software, code, graphics or other material contained either in the sponsor advertisements or electronically distributed on this Site is owned by us or the sponsors or both and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. 6.2 Unauthorised use of any copyrighted materials, trademarks or any other intellectual property without the expressed written consent of the owner is strictly prohibited. 6.3 The Nutrient Databank used as the basis for all Dietsure analyses is Crown copyright and has been reproduced under licence from the Controller of Her Majesty's Stationery Office. 7. WARRANTIES 7.1 Whereas VIS uses reasonable skill and care in the compilation of VIS products, it does not warrant that they will operate entirely uninterrupted or error free. 7.2 We do not give any warranty, condition, guarantee or representation, express or implied, relating to information contained on this Site or to any web site to which it is linked. 7.3 Further, we do not warrant that the Site will be free of error or that the Site and the server are free of computer viruses or other harmful applications. 8. LINKS TO THIRD PARTY SITES 8.1 We may, from time to time, let you leave the site to linked sites. The linked sites are not under our control and we explicitly state that we are not responsible for the contents of any linked site. The links are provided for your convenience and any such link does not imply endorsement by us of the site or of any association with the operators of the site. 9. WHO WE ARE 9.1 This Site is owned and controlled by Nutrition Systems 9.2 The full postal address is Middlefield House, School Lane, Colsterworth, Lincolnshire NG33 5NW, UK 9.3 The telephone number is 0870 861 6151 9.4 The e-mail address is support@dietsure.com 9.5 VIS Visual Information Systems is registered in (England and Wales) 10. LIMITATION OF LIABILITY 10.1 We shall not be liable to you, except in respect of injury or death or any person (for which no limit applies within the jurisdiction of England and Wales) regardless of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise whatsoever, for any loss of profit, business, contracts, or revenues, or for any special, indirect or consequential damage of any nature whatsoever arising directly or indirectly out of your use of the Site. 10.2 Furthermore, in no event will we be liable to you for any loss or damage of whatever nature arising directly or indirectly from or in connection with any inaccuracy in the data or any actions taken, or recommendations made by the user as a result of the users interpretation of the data. 10.3 If you enter the Site, you agree that this clause 10 relating to limitation of liability is reasonable and it reflects the nature of a web site. 11. SEVERANCE 11.1 If any term is held to be invalid, unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms. 12. LAW 12.1 These terms of use shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.