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Terms and Conditions - ChangeOne Diet
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Terms of Use

Please read these Terms of Use carefully before using this site.

By using this site, you signify your assent to be bound by these terms of use (the "Terms of Use"). If you do not agree to all of these Terms of Use, you may not use this site! The content on this Site is provided by The Reader's Digest Association, Inc. ("Reader's Digest") and its licensors and content providers.


Reader's Digest may revise and update these Terms of Use at any time. Your continued usage of this Site will mean you accept those changes. As used herein, the "Site" refers to ChangeOne.com.

Use of Content
The Site Does Not Provide Medical Advice
Registration and Passwords
Membership Term
Cancellation
Children's Privacy
Limitation on Liability of Reader's Digest and Its Licensors
Unauthorized Access
User Content Submissions
DMCA Notice
Customer Support
The Online Communities
Advertisements And Links To Other Sites
Indemnity
Trademarks
General
Jurisdiction
Complete Agreement

Use of Content
This Site, and any and all content on or available throughout the Site, including without limitation, text, graphics, images, software, audio, video, information, data materials, products, and services (collectively, "Content") is owned by Reader's Digest, its licensors or content providers. Reader's Digest authorizes you to view or download on one computer a single copy of the material on ChangeOne.com solely for your personal, noncommercial use. You may not remove or obscure any copyright notice contained on the Content, including the following: "Copyright © 2004, The Reader's Digest Association, Inc. and its licensors. All rights reserved." The Content is protected by copyright under both United States and foreign laws and international treaties. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws or the rights of third parties. Content and features are subject to change or termination without notice in the editorial discretion of Reader's Digest. All rights not expressly granted herein are reserved to Reader's Digest and its licensors. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. Except as expressly permitted in these Terms of Use, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way Content without the prior written consent of Reader's Digest.

The Site Does Not Provide Medical Advice
Certain Content on this Site relates to the topic of health. The Content of these pages, and all pages of the Site, are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health or a medical condition, and before you start a weight loss and / or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. If you think you may have a medical emergency, seek appropriate help such as calling your doctor or 911 immediately. Reliance on any information provided by Reader's Digest, its licensors or third parties on the Site is solely at your own risk.

Individual results that a person will achieve with the "ChangeOne Diet Program" may vary. Testimonial results that may be presented on this site may not be typical of the results that the average person may achieve. Once you complete the 12 week program, you must continue to follow the recommendations in the program to maintain your then current weight. The "ChangeOne Diet Program" is open only to adults aged 18 or older who are in good health. See the program for additional details and restrictions.

The "ChangeOne Diet Program" outlined in this site is taken from content found in "ChangeOne", a book published by Reader's Digest.

Registration and Passwords
If you access the Site anonymously, you may do so as a visitor and will not be required to provide personally identifiable information. However, in order to access certain services and Content on the Site, you may be required to register to become a member of the Site. You must provide truthful information when signing up to become a member, and may not use any aliases or other means to mask your true identity. Upon successful registration you may be issued an ID and/or password. The ID and password provided should be safeguarded at all times. You are responsible for the security of your ID and password and will be solely liable for any use or unauthorized use under such ID and password.

Membership Term
ChangeOne.com members have a choice of three different subscription types: 3 months, 6 months, and one year. During your subscription period, you will have access to all features on ChangeOne.com and will receive weekly member newsletters via email. At the end of your initial subscription term, your subscription will be automatically renewed for the same period you opted for during registration, until you cancel your subscription. If you would like to renew your subscription for a different duration, you may do so by changing your subscription type in the My Profile section of ChangeOne.com.

Cancellation
You may cancel your ChangeOne.com site membership at any time. You will continue to have full access to the site until the end of the current membership term, but your credit card will not be charged again. Once you have cancelled your membership, you may re-activate it online by following the instructions in the confirmation email you will receive upon cancellation.

You may cancel as follows:

On ChangeOne.com: Click on the "My Profile" link in the top right-hand corner. In the "Billing Info" section, click on the gold "Edit" button next to "Subscription Type". (Please note: You will be asked to log in again for security reasons.) You will be brought to a new page that gives you a few options. Click on the radio button next to "Cancel My Subscription" and then click the "Submit My Changes" button. You will receive a confirmation email.

Children's Privacy
Reader's Digest is committed to protecting the privacy of children. You should be aware that this Site is not intended or signed to attract children 18 years old and younger. Reader's Digest does not collect personally identifiable information from any person it actually knows is a child 18 years old and younger. To further learn of Reader's Digest privacy commitment, please refer to the Privacy Policy.

Limitation on Liability of Reader's Digest And Its Licensors
When using the Site, information will be transmitted using a medium that is beyond the control and jurisdiction of Reader's Digest and its suppliers. Accordingly, Reader's Digest assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Site.

This Site and the Content are provided on "AS IS" basis. READER'S DIGEST AND ITS AFFILIATES, LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. READER'S DIGEST, ITS AFFILIATES, LICENSORS AND SUPPLIERS ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material on the Site or any web site with which it is linked.

Price information and promotions are subject to change without notice. Without limiting the foregoing, Reader's Digest and its affiliates, licensors and suppliers make no representations or warranties about the following:
    1. The software, text, graphics, links, or communications provided on or through the use of the Site or related material from Reader's Digest.
    2. The satisfaction of any government regulations requiring disclosure of information on any products with regard to the Content contained on this Site.
In no event shall Reader's Digest, its affiliates, licensors, suppliers, or any third parties mentioned on this Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or the Content, or damage to your computer system due to viruses or other defects, whether based on warranty, contract, tort or any other legal theory, whether or not Reader's Digest is advised of the possibility of such damages. Reader's Digest is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content or Communities (as defined below) or for any other breach by you of these Terms of Use. Any claims arising in connection with your use of the Site, any Content or the Communities must be brought within one (1) year of the date of the event giving rise to such action. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Unauthorized Access
You agree not to attempt to gain unauthorized access to the Site or any restricted portion of the Site, interfere with the performance of the Site, exceed the permitted use, attempt to access any other user's data or otherwise compromise any aspect of the Site. You may not use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content available on the Site. You may not take any action to interfere with the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Site. You may not send unsolicited e-mail, including promotions and/or advertising of products or services, through the Site or forge or mask your true identity in any e-mail or posting. User may not frame portions of the Site within another web site or establish links from any other web site to any page of the Site other than the home page without the prior written consent of Reader's Digest.

User Content Submissions
By voluntarily posting on a ChangeOne.com message board or submitting a Success Story to ChangeOne.com and/or Communities, you agree that such postings and submissions are non-confidential for all purposes. You further agree that such postings and submissions become the property of Reader's Digest and that all title and interest therein, including all rights of copyright, shall vest with Reader's Digest at the time they are posted. Such postings and submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice. The posting or submission of any information, story or other material in no way creates any obligation or duty on the part of Reader's Digest to post or use such materials or, if we do so, to give you credit. Except as expressly stated herein or in the Privacy Policy, no obligation shall be imposed upon Reader's Digest as a consequence of any communication solicited or received by it through the Site.

DMCA Notice
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is the policy of Reader's Digest not to permit materials known by Reader's Digest to be infringing to remain on the Site. You should notify Reader's Digest promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a third party copyright. Upon Reader's Digest's receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), Reader's Digest will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Please contact the Reader's Digest representative listed in this notice for copyright infringement notices only.

To provide notice of claimed copyright infringement only:
The Reader's Digest Association, Inc.
Reader's Digest Road
Pleasantville, New York 10570-7000
attn: Beth Clerc
beth_clerc@readersdigest.com
telephone : (914) 244-5620
fax: (914) 244-5390

It is the policy of Reader's Digest to terminate its relationships with third parties who repeatedly infringe the copyrights of others.

Customer Support
If you have a question about your ChangeOne account, a general question, or any other Customer Service inquiry:

email: customersupport@changeone.com
telephone: 1-877-242-6431 toll free, Monday through Friday from 8 AM to 11 PM and Saturday from 8 AM to 8 PM, Eastern Time.

Corporate Partners:
Members of the ChangeOne Corporate Partners program can call 1-800-734-4553 or email PartnerPrograms@changeone.com.

The Online Communities
Reader's Digest is happy to introduce within the Site various online communities, such as bulletin boards, mail lists, chat rooms/events or other public forums (collectively, the "Communities"). The Communities are a service intended to provide you with forums for the free-flowing exchange of information and opinions. With your help, the Communities can be an informative experience for all. Reader's Digest encourages your participation but asks you to remember that you are responsible for the content of messages you post. Reader's Digest does not and cannot review every message posted (but reserves the right to do so).

Please read carefully the policies below, which are in addition to, and not in place of, the Terms of Use. If you cannot comply with these policies and the Terms of Use, please do not use the Communities. As a member of the Communities provided by Reader's Digest, you acknowledge and agree to the following:
    1. You agree to respect the opinions and feelings of others.
    2. The information you submit to the Communities shall not be deemed confidential, and shall be publicly available to third parties. You agree not to reveal any private information, including but not limited to health, financial and personally identifiable information, if you do not wish this information to be published. Furthermore, you agree not to reveal the health or other private information of third parties without their knowledge and consent.
    3. Content available through the Communities is provided "AS IS," and you are solely responsible for your reliance on and use of such content. Reader's Digest is not responsible for the consequences of any communications made through the Communities. In cases where you feel threatened or believe someone else is in danger, you should take appropriate action such as contacting your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
    4. You agree not to upload to or distribute or otherwise publish through the Communities any content that is libelous, defamatory, obscene, pornographic, slanderous, threatening, harassing, hateful, abusive, embarrassing to any other person or entity, or that is otherwise inappropriate.
    5. You agree not to use the Communities for any purpose in violation of local, state, national, or international laws or regulations.
    6. You agree not to upload to or distribute or otherwise publish through the Communities any content that violates or infringes the copyright, trademark, or any other personal or proprietary rights of any third party.
    7. The Communities may be used only for non-commercial purposes. You agree not to, without the express approval of Reader's Digest, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
    8. You shall remain solely responsible for the content of messages you post. Reader's Digest does not and cannot review every message posted in the Communities, and is not responsible for the content of these messages.
    9. All messages, information or other materials submitted to the Communities become the property of Reader's Digest, and all title and interest therein, including all rights of copyright, shall vest with Reader's Digest at the time they are posted. Messages, information or other materials posted to the Communities are subject to use by Reader's Digest and its licensees in any medium (now in existence or hereafter developed), for any purpose, in perpetuity without further notice. The submission of such materials in no way creates any obligation or duty on the part of Reader's Digest to post or use such materials.
    10. Your participation in the Communities is solely at your own risk. In addition to your obligations under the Indemnity section of these Terms of Use, you agree to indemnify, defend and hold harmless Reader's Digest, its affiliates, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from any and all claims, liabilities, costs, damages or losses they may incur (including, without limitation, attorney's fees) arising out of a violation or alleged violation by you of these policies or arising from content posted by you in the Communities. You agree to cooperate as fully as reasonably required in the defense of any such claim.
    11. You agree not to post chain letters or pyramid schemes; impersonate another person or allow another person or entity to use your identification for posting or viewing comments; distribute viruses or other harmful computer code; harvest or otherwise collect information about others (including email addresses) without their consent; or post the same note more than once or "spam."
    12. You agree not to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form), or otherwise engage in any other conduct that restricts or inhibits any other person from using or enjoying the Communities or the Site, or which, in the judgment of Reader's Digest, exposes Reader's Digest or any of its affiliates, licensors, licensees, customers or suppliers to any liability or detriment of any type.
    13. If you become aware of a violation of these policies, please notify Reader's Digest by sending a detailed email message to customersupport@changeone.com. If you are writing to report a copyright infringement, please follow the procedure set forth in the section entitled "DMCA Notice" in these Terms of Use.

Reader's Digest reserves the right (but is not obligated) to do any or all of the following:
    1. Record the dialogue submitted through the Communities.
    2. Investigate an allegation that a communication(s) do(es) not conform to these policies and/or the Terms of Use and determine in its sole discretion to remove or request the removal of the communication(s).
    3. Delete, move or edit communications that are determined, in the sole discretion of Reader's Digest, to be abusive, defamatory, obscene, in violation of copyright or trademark laws, otherwise illegal, disruptive, or otherwise unacceptable for any reason.
    4. Terminate a user's access to any or all of the Communities and/or this Site upon any breach of these policies and/or the Terms of Use.
    5. Monitor, edit or disclose any communication posted in the Communities.
    6. Edit or delete any communication(s) posted in the Communities or anywhere on this Site, regardless of whether such communication(s) violate these standards.
Reader's Digest reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Reader's Digest has no liability or responsibility to users of this Site or the Communities or any other person or entity for performance or nonperformance of the aforementioned activities.

Advertisements And Links To Other Sites
Reader's Digest does not endorse the content on any third-party web sites. Reader's Digest is not responsible for the content of linked third-party sites, indexes or directories, sites framed within this Site, or third-party advertisements, and does not make any representations regarding their content, accuracy or non-infringement. Reader's Digest does not endorse any product advertised on this Site. Your use of third-party web sites is at your own risk and subject to the terms of use for such sites. You should be aware that both the terms of use and the privacy polices of linked sites may differ from those of Reader's Digest.

Indemnity
You agree to defend, indemnify and hold harmless Reader's Digest, its affiliates, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use, your submissions to the Site, your violation of any rights of another, or your use of any content on or accessible through the Site.

Trademarks
The marks listed below and other names, tradenames, logos, titles, designs and trademarks under which Reader's Digest and its affiliates do business are trademarks of Reader's Digest, its affiliates or licensors and are all proprietary to their respective owners. Except as may be specifically permitted in accordance with these Terms of Use, any use of such names, tradenames, logos, titles, designs and trademarks is strictly prohibited without the prior written consent of their respective owners.

Without in any way limiting the generality of the foregoing, we specifically note the following:

Reader's Digest and the Pegasus logo are registered trademarks and ChangeOne is a trademark of the Reader's Digest Association, Inc.

General
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Limitation on Liability, User Submissions, The Online Communities, Indemnity, General, Jurisdiction, and Complete Agreement.

Jurisdiction
Reader's Digest is based in Pleasantville, New York, in the United States of America. Reader's Digest makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to and contact or input to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY DISPUTE WITH READER'S DIGEST, OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, RESIDES IN THE COURTS OF THE STATE OF NEW YORK AND YOU FURTHER AGREE AND EXPRESSLY CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION IN THE COURTS OF THE STATE OF NEW YORK IN CONNECTION WITH ANY SUCH DISPUTE, INCLUDING ANY CLAIM INVOLVING READER'S DIGEST AND/OR ANY OF ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, TELECOMMUNICATION PROVIDERS AND CONTENT PROVIDERS.

These Terms of Use, the Site, and the use of information (including personally identifiable information) provided or accessible through the Site, are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. You are solely responsible for compliance with the laws applicable to your country of residence.

Complete Agreement
Except as expressly provided in a particular "legal notice" on the Site such as at a point of purchase or access to certain Content, these Terms of Use constitute the entire agreement between you and Reader's Digest with respect to the use of this Site and Content. Any special rules for the use of certain software and other items provided on ChangeOne.com may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.

Your use of this Site is also subject to the Reader's Digest Privacy Policy.

Copyright © 2004, The Reader's Digest Association, Inc. and its licensors. All rights reserved.
 

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