1. AGREEMENT TO TERMS

1.1 These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Aktiv Solutions ("Company", “we”, “us”, or “our”), concerning your access to and use of the https://mymediterranean.diet/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1.2 INFORMATION MAY NOT BE APPROPRIATE OR SATISFACTORY FOR THE CLIENT USAGE. THE CLIENT SHOULD VERIFY ALL INFORMATION BEFORE ENTRUSTING IT. ANY DECISIONS CONCLUDED BASED ON INFORMATION IN THE WEBSITE, INCLUDING INFORMATION RECEIVED THROUGH CLIENT'S USE OF THE SERVICES, ARE AT THE CLIENT’S SOLE RESPONSIBILITY.

1.3 THE CUSTOMER IS OBLIGED TO READ CAREFULLY THIS AGREEMENT BEFORE ACCEPTING IT AND STARTING THE USE OF THE COMPANY'S SERVICES. THE CUSTOMER AGREES THAT THE USE OF SERVICES CONFIRMS THAT THE CUSTOMER READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO THESE TERMS.

1.4 This Agreement contains a binding arbitration clause, which requires the use of arbitration on an individual basis to resolve disputes, and not jury trials or any other legal proceedings or class actions of any kind.

1.5 Supplemental terms and conditions or documents that may be posted on the Site 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 Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use 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 Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

1.6 The information provided on the Site 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 Site 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.

1.7 The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach- Bliley Act (GLBA).

1.8 To use the Site, you must be 18 years old (or the age of majority in your country giving the right to conclude independent contracts - if this age in your country is more or less than 18 years).

1.9 Persons under the age of 18 or the age of majority allowing concluding separate contracts (“Minors”) are prohibited from using the Site.

1.10 Should we become aware of data received from minors, they will be deleted as soon as possible; https://mymediterranean.diet/ is not responsible for any damage caused by incorrect data provided by the user.

1.11 If you have information about the data posted on the Site by minors, contact us by e-mail [email protected]. You are responsible for the accuracy and completeness of the data provided by you (including age) on the Site.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site 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.

2.2 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to 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. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. USER REPRESENTATIONS

3.1 By using the Site, you represent and warrant that:

  • (1) all registration information you submit will be true, accurate, current, and complete;
  • (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
  • (3) you have the legal capacity and you agree to comply with these Terms of Use;
  • (4) you are not a minor in the jurisdiction in which you reside;
  • (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
  • (6) you will not use the Site for any illegal or unauthorized purpose; and
  • (7) your use of the Site will not violate any applicable law or regulation.

3.2 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 Site (or any portion thereof).

4. USER REGISTRATION

4.1 You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

4.2 The Customer has to provide certain information through the website before receiving the purchase of the service, having chosen the options provided or having entered the requested data. The Customer is obliged to provide relevant, correct and comprehensive information that is required to be provided on the Site.

4.3 The Customer makes a purchase of a service as soon as he / she ticks “I agree to the terms”. After the Customer agrees with the Terms, he/ she will need to click the “Next” button.

4.4 After the Customer accepts the agreement in electronic form, the Company will confirm the receipt of the proposal in electronic form. The Company will send the Customer an individual nutrition plan based on the created diet. Such meal plan will be sent to the Customer's email address indicated by the Customer on the Site.

4.5 The Client agrees with the following:

  • - pay all additional costs, fees, duties, applicable taxes and other fees that may be incurred by the Client;
  • - purchase Services using a valid credit card or other authorized form of payment;
  • - provide the Company with relevant, correct and complete information as indicated on the purchase order form. If the Company discovers or believes that any information provided by the Client is not relevant, inaccurate or incomplete, the Company reserves the right to suspend the Service activity at its discretion, and the Client loses any right to refund the amount paid.

4.6 Online payments made by the Client with a credit or debit card of the Company shall be processed by a third-party payment provider, and no confidential data related to your payment will be stored or used by the Website and / or for Services. The Company shall not be responsible for any payment issues or other disputes that arise due to third-party payment services. The Company may change the third-party payment provider from time to time.

5. PROHIBITED ACTIVITIES

5.1 You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

5.2 As a user of the Site, you agree not to:

  • 1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • 2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • 3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • 4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • 5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • 6. Make improper use of our support services or submit false reports of abuse or misconduct.
  • 7. Use the Site in a manner inconsistent with any applicable laws or regulations.
  • 8. Use the Site to advertise or offer to sell goods and services.
  • 9. Engage in unauthorized framing of or linking to the Site.
  • 10. 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 Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • 11. 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.
  • 12. Delete the copyright or other proprietary rights notice from any Content.
  • 13. Attempt to impersonate another user or person or use the username of another user.
  • 14. Sell or otherwise transfer your profile.
  • 15. 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”).
  • 16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • 17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • 18. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • 19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • 20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • 21. 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 Site, or using or launching any unauthorized script or other software.
  • 22. Use a buying agent or purchasing agent to make purchases on the Site.
  • 23. Make any unauthorized use of the Site, 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 pretenses.
  • 24. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

6. USER GENERATED CONTRIBUTIONS

6.1 The Site 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 Site, 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 Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy.

6.2 When you create or make available any Contributions, you thereby represent and warrant that:

  • 1. 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.
  • 2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  • 3. 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 Site and these Terms of Use.
  • 4. Your Contributions are not false, inaccurate, or misleading.
  • 5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • 6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • 7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • 8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  • 9. Your Contributions do not violate any applicable law, regulation, or rule.
  • 10. Your Contributions do not violate the privacy or publicity rights of any third party.
  • 11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  • 12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • 13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • 14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

6.3 Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

7. CONTRIBUTION LICENSE

7.1 You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

7.2 By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

7.3 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 Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

8. SUBMISSIONS

8.1 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

8.2 You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

9. THIRD-PARTY WEBSITE AND CONTENT

9.1 The Site 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 Site or any Third-Party Content posted on, available through, or installed from the Site, 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 Site 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 Terms of Use no longer govern.

9.2 You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. 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.

9.3 You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless 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.

10. SITE MANAGEMENT

10.1 We reserve the right, but not the obligation, to:

  • (1) monitor the Site for violations of these Terms of Use;
  • (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, 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 Site 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 Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

11. PRIVACY POLICY

11.1 We care about data privacy and security. Please review our Privacy Policy: https://mymediterranean.diet/data-protection-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

11.2 Please be advised the Site is hosted in the United States.

11.3 If you access the Site 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 States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

12. TERM AND TERMINATION

12.1 These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (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 TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.

12.2 WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

12.3 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.

13. MODIFICATIONS AND INTERRUPTIONS

13.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

13.2 We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site 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 Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

13.3 Using Services of the Company, the Client confirms that the Company cannot guarantee that Services will be provided without interruptions and errors, or that the information contained therein will be completely free from viruses, hackers, intrusions, unplanned downtimes or other failures. Any change or exclusion of Services will be at our sole discretion. The Client directly assumes the risk of using our service.

13.4 From time to time we may change, expand and improve Services without prior notice to the Client. We may also at any time interrupt the operation of part or all of the Services or selectively disable certain aspects of Services. Any change or exclusion of Services will be at our sole discretion and without ongoing obligation or responsibility to the Client, and the use of Services by the Client does not give the Client the right to further provision or availability of Services.

14. DISPUTE RESOLUTION

14.1 THE CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY TYPES OF DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, ACCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF USE, OR OTHER LOSSES WHETHER BASED ON CONTRACT, WARRANTY, TORT ,OR ANY OTHER LEGAL THEORY (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF: (i) THE USE OR INABILITY TO USE SERVICES, (ii) ANY LINKS PROVIDED IN CONNECTION WITH THE SERVICES, (iii) THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH LINKED WEBSITES OR DOMAINS, (iv) CLIENT`S RELIANCE ON ANY OF THE SERVICES PROVIDED BY THE COMPANY; (v) THE INTERRUPTION, SUSPENSION, TERMINATION OF THE SERVICES OR ANY PORTION THEREOF, (vi) THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO POST, PROVIDE OR STORE ANY INFORMATION, OR (vii) ANY MATTER OTHERWISE RELATED TO THE CLIENT`S USE OF THE SERVICES. IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY TO THE CLIENT RELATING TO HIS/HER USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).

15. INFORMAL DISPUTE RESOLUTION

15.1 The Client agrees to participate in an informal dispute resolution before filing a lawsuit against the Company. Any complaints regarding the Company and Services provided to the Client should be directed to the Company by e-mail: [email protected]

15.2 The Client must clearly indicate that the complaint is being filed and indicate the grounds and circumstances in relation to the complaint. The Company will send a confirmation of the complaint to the email address from which the complaint was received.

15.3 We will consider the complaint and respond to the Client within 30 calendar days from the date of receipt of the corresponding complaint. If the dispute is not resolved within 30 calendar days from the date of receipt of the corresponding complaint, the Client or the Company may file an official claim.

15.4 The Client agrees that any court proceedings under this Agreement will be held on an individual basis; class actions are not allowed, and the Client agrees to refuse the opportunity to participate in a class action.

16. ARBITRATION

16.1 Except for disputes qualifying for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between Client and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, shall be resolved through conclusive, final, and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.

16.2 Henceforth, Client and Company agrees that Client and Company are each waiving the right to trial by a jury. Such disputes include ,and are not limited to, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision.

16.3 All such matters shall be decided by an arbitrator and not by a court of law or a judge. The arbitration will be administered and handled by the American Arb.

16.4 In the event that any part of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law.

17. CORRECTIONS

17.1 There may be information on the Site 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 Site at any time, without prior notice.

18. DISCLAIMER

18.1 THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR 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 SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

18.2 SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE CLIENT. THE COMPANY MAKES NO WARRANTY THAT THE SITE OR SERVICE SHALL MEET CLIENT`S REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, UPDATED, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS OBTAINED BY USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE. CLIENT UNDERSTAND AND ACKNOWLEDGE THAT HIS/HER SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT OR ERROR IN OR DISSATISFACTION WITH THE SITE OR SERVICE IS TO CEASE TO USE THE SERVICES. CLIENT MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND JURISDICTION.

18.3 WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE 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 SITE, (3) ANY UNAUTHORIZED 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 SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE 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 SITE.

18.4 WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, 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 JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

19. LIMITATIONS OF LIABILITY

19.1 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 SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

20. INDEMNIFICATION

20.1 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 Site;
  • (2) breach of these Terms of Use;
  • (3) any breach of your representations and warranties set forth in these Terms of Use;
  • (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 Site with whom you connected via the Site.

20.2 Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense 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.

21. USER DATA

21.1 We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. 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 Site. 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.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

22.1 Visiting the Site, 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 Site, 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 SITE.

22.2 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.

23. REFUND POLICY

23.1 The Client can apply for a reimbursement of the cost of the digital product within 30 days after the acceptance of the user agreement (general conditions) via the Company e-mail: [email protected] , if the Client provides detailed information that the Company providing Services to the Client does not correspond to the description of Services on the Website and attaches the receipt of payment of the Client via e-mail.

23.2 The Client has the right to ask for a refund due to inconsistency between Services and the description of Services on the web-site within 30 days after acceptance of the user agreement (general conditions).

24 MEDICAL DISCLAIMER

24.1 BEFORE USING THE MEAL PLAN : THE CLIENT SHOULD CONSULT WITH HIS/HER HEALTHCARE SERVICE PROVIDER.

24.2 THE COMPANY IS NOT A MEDICAL INSTITUTION AND DOES NOT PROVIDE ANY MEDICAL CONSULTATION OR CARE. NOTHING IN SERVICES PROVIDED BY THE COMPANY IS NOT ASSOCIATED OR SHOULD NOT BE ASSOCIATED AS A MEDICAL CONSULTATION OR CARE, OR SHOULD NOT BE INTERPRETED AS SUBSTITUTION OF ANY MEDICAL CONSULTATION OR CARE. BEFORE USING SERVICES OF THE SITE, IT IS NECESSARY TO CONTACT SPECIALIZED MEDICAL INSTITUTIONS FOR CONSULTATION.

24.3 The Site cannot be used by people with any health or nutrition problems.

24.4 The Site cannot be used by people with poor health, people who have problems with dieting, and people who can eventually be harmed by the diet.

24.5 The content posted on the Site is for information only and cannot replace a visit to doctor or other medical professional.

24.6 We are not a licensed medical institution providing medical care and do not have the necessary education to diagnose, analyze or treat medical problems, even if we have a qualified team with the necessary knowledge and skills; accordingly, we cannot predict the effect of the diet on a person with specific health issues or the occurrence of side effects in people with good health.

24.7 Before following a diet, fitness program, changing the current diet, or if you have questions regarding health, customers should always seek consulting a doctor first.

24.8 The Customer is obliged to comply with professional medical recommendations and not to postpone searching for them due to data received on the site. https://mymediterranean.diet requires you to consult a doctor before starting an individual diet and / or exercise program and / or diet resulting from the data on the Site.

24.9 The Customer declares that he / she is aware that not all diets and workouts on the Site are suitable for everyone.

24.10 The Customer declares that he / she is aware that, when enrolling in the training program or following an individual / other diet, there is still a risk of injury, health deterioration and / or death.

24.11 The Customer declares that in case of any discomfort, pain or other problems, he / she will immediately stop dieting; if he / she does not cease compliance, the Site will not be responsible for his / her actions or omissions.

24.12 The Site is not responsible for any health problems that may occur when following the diet received as a part of the services provided by the Site.

24.13 When following the individual diet provided by the Site, you agree that you do this at your own risk and peril.

25. CALIFORNIA USERS AND RESIDENTS

25.1 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.

26. MISCELLANEOUS

26.1 These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use 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 Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

26.2 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. No one except the Client has any rights under this Agreement.

26.3 The Client may not assign any rights under this Agreement to any third party without the prior consent of the Company. The Company may assign its rights and obligations under this Agreement in whole or in part to any third party at its own discretion.

26.4 BY USING THE SERVICE OR ACCESS TO THE WEBSITE, THE CLIENT CONFIRMS THAT HE / SHE READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO COMPLY WITH ALL TERMS.

26.5 If you do not agree with any of these Terms and Conditions, including General provisions, Data protection policy, Cookie policy or Confidentiality policy, you may not use this website.

26.6 By using this web-site, you irrevocably agree to these terms. Some sections of this web-site may be subject to additional terms that you must carefully read before using these sections. Such additional terms do not change or replace these Terms with respect to the use of this web-site, except as otherwise expressly stated.

29. CONTACT US

In general, the Company prefers e-mail communication. By accepting this Agreement, the Client accepts the e-mail communication. For this purpose, the Client is kindly requested to have a valid e-mail address and provide it when filling in the necessary information. The Client should regularly and frequently check his / her e-mail. E-mails may contain links to additional information and documents on the web-site. In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: [email protected]

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