Registered Users. Access to and use of the Website’s data is limited to individuals who are at least 18 years of age and residents of the United States. You must register to create an account (“User Account”) and become a “Registered User” to use the Website. To register, You must provide Your name, Your email address, proof (in a form satisfactory to the Company in its sole and absolute discretion) of your healthcare credentials, and other information specified in the registration form (“Registration Data”). By registering, and in consideration of the use of the Website, You represent and warrant: (A) the Registration Data that You provide about Yourself is true, accurate, current, and complete; (B) You are at least 18 years of age; and (C) You will maintain and promptly update the Registration Data to keep it at all times true, accurate, current, and complete. You may change or correct information from Your account by logging into Your User Account directly and making the desired changes. You agree not to register for a User Account on behalf of an individual other than Yourself unless You are authorized to bind such person to these Terms.
Use of the Website is void where prohibited by law or otherwise. By using the Website, You represent and warrant that You have the right, authority, and capacity to agree to and abide by these Terms and that You are not prohibited from using the Website. You understand that Your use of the Website may involve or require the transmission of significant amounts of data. You are solely responsible for all data charges that may be assessed by Your wireless carrier or Internet service provider or that may otherwise arise from Your use of the Website.
MEDICAL ADVICE DISCLAIMER
The Website and the information available to You through the Website is intended to provide a platform for You to assist You in providing nutrition support and monitoring for your patients or clients through, among things, access to meal plans, modules and recipes and other nutrition information tailored to the specific needs of your clients or patients. The Website and/or any recipes, meal plans, lesson plans, recipe videos, grocery lists modules, social media content, professional tools, referral forms, handouts, information, or other data derived from, made available on, or otherwise viewable on or from the Website (collectively, the “Content”) are in no way intended to replace or supplant the independent clinical judgment of a qualified healthcare professional, and should not be used by qualified healthcare professionals for active patient monitoring whose purpose is to determine the need for immediate clinical action. If any time You are concerned about your patients or clients’ care, or if You believe that your patients or clients have or suspect that they have any serious or life-threatening condition, you should advise Your patients or clients to call 9-1-1 in areas where that service is available, or go to the nearest emergency room.
THIS WEBSITE AND THE DATA AVAILABLE ON IT IS NOT DESIGNED, INTENDED OR APPROPRIATE TO REPLACE THE RELATIONSHIP YOU HAVE WITH YOUR CLIENTS OR PATIENTS OR THE RELATIONSHIP BETWEEN YOUR CLIENTS OR PATIENTS AND YOU OR TO ADDRESS SERIOUS, EMERGENT OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.
FOR REGISTERED MEDICAL OR NUTRITION PROFESSIONAL USERS ONLY
Any medical advice provided by You or another healthcare provider using information from the Website is based on the personal health data You provide. If You do not provide complete and accurate personal health information, the medical advice You receive may not be correct.
FURTHER, THIRD PARTY USE OF OUR WEBSITE (e.g., use by You) IS NOT AN ENDORSEMENT OR RECOMMENDATION OF SUCH THIRD PARTY BY THE COMPANY. THE MEDICAL ADVICE PROVIDED TO YOU BY YOUR HEALTHCARE PROVIDER OR ANY OTHER PROFESSIONAL IS NOT UNDER THE CONTROL OF LIVING PLATE, NOR IS IT PROVIDED TO OR USED BY LIVING PLATE.
By accessing and using the Website, You accept responsibility for Yourself in Your use of the Website. You acknowledge that Your relationship with patients or clients for healthcare services is with Your patients or clients and providing services to any such patients or clients is solely at Your own risk. By using the Website, You agree to not hold Living Plate liable in any way for any malpractice or substandard treatment that You may provide to any such patients or clients.
Although Living Plate approves registered users as registered dieticians or healthcare professionals, IT DOES SO FOR ITS OWN BENEFIT ONLY AND PURSUANT TO ITS OWN STANDARDS, WHICH IT APPLIES IN ITS SOLE AND ABSOLUTE DISCRETION. Living Plate does not confirm the credentials of any healthcare professional using the Website. Living Plate does not validate that You or any such persons are in good standing with their respective licensure board(s) or that any of the foregoing are using the Website in accordance with laws applicable to the practice of medicine. It is YOUR responsibility to remain in good standing with Your respective licensing board(s) and to exercise whatever other due diligence You feel appropriate in selecting and maintaining Your choice of healthcare professionals.
General information available through the Website is provided for general educational purposes only. Never disregard, avoid, or delay in obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the App. If You have or suspect that You have an urgent medical problem or condition, please contact a qualified healthcare professional immediately. THE CONTENT IN THE APP IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTHCARE PROVIDERS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR YOU.
Accessing the Website and Account Security. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, 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 other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not: (A) Modify copies of any materials from this site except as permitted pursuant to your License; (B) Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; (C) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Content for electronic or hardcopy distribution to Your patients and/or clients strictly in accordance with this agreement. Regardless of whether Your logo or trademark or the Company’s logo or trademark appears on any of the Content when it is distributed to patients and/or clients, You will ensure that all Content is: (A) distributed pursuant to licensing agreements no less stringent that the terms hereof; and (B) clearly marked as being limited to the individual patient or client’s use and not for distribution to third parties. In the event that any patient and/or client terminates their relationship with You, you will promptly bar such patient or client’s access to the Content.
License Restrictions. Licensee shall not: (A) copy the Content, except as expressly permitted by this license; (B) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable or copyrightable, of the Content; (C) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Website or any underlying software or any part thereof; (D) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Content, including any copy thereof, provided however, that upon payment of the Fees, You may distribute the Content to patients and/or clients with Your logo or trademark in accordance with the License Grant set forth herein; or (E) except as permitted herein, rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Content to any third party for any reason, including by making the Content available on a network where it is capable of being accessed by more than one device at any time.
Third-Party Materials. The Website may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Trademarks. The Company name, the terms “Living Plate”, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to: (A) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (B) Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (C) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (D) Use any device, software or routine that interferes with the proper working of the Website; (E) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (F) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (G) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and/or (H) Otherwise attempt to interfere with the proper working of the Website.
Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Linking to the Website and Social Media Features. You may link to our homepage, 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 without our express written consent.
This Website may provide certain social media features that enable you to: (A) Link from your own or certain third-party websites to certain content on this Website; (B) Send e-mails or other communications with certain content, or links to certain content, on this Website; and/or (C) Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. 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. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions. The owner of the Website is based in the state of New Jersey in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Your Comments and Concerns. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected]
ADDITIONAL TERMS OF SERVICE FOR CONTENT PROVIDERS
Any LP Content you post to the site will be considered non-confidential and non-proprietary. By providing any LP Content indirectly or directly to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
Waiver of Moral Rights. Content Provider waives to the extent permitted by applicable law, all rights of paternity, integrity, attribution, disclosure, withdrawal, and any other rights that may be known as moral rights with respect to the LP Content.