Terms of Use

Terms of Use update: 29 April 2009

IMPORTANT!
The following Terms of Use govern your use of this site. This site is provided to you by SecretDietPlans.com. By accessing this site, you indicate your acknowledgement and acceptance of our Terms of Use.

Our Terms of Use are subject to change by SecretDietPlans.com at any time and by their sole discretion.

Your use and continued use of this site after such change(s) are implemented, constitutes your acknowledgement and acceptance of the change(s).

Please consult these Terms of Use regularly so that your knowledge of them are always up to date.

Restrictions
You may use this site for purposes expressly permitted by SecretDietPlans.com. You may not use this site for any other purpose, including any commercial purpose, without SecretDietPlans.com’s expressed prior written consent.

You may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of SecretDietPlans.com. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with SecretDietPlans.com in causing any unauthorized co-branding, framing or hyper-linking to cease immediately.

Proprietary Information
The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by SecretDietPlans.com is the proprietary information of SecretDietPlans.com or the party that provided the Content to SecretDietPlans.com, and SecretDietPlans.com or the party that provided the Content to SecretDietPlans.com retains all right, title, and interest in the Content.

Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of SecretDietPlans.com, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your own personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates SecretDietPlans.com’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Hyper-Links
This site may be hyper-linked to other sites which are not maintained by, or related to, SecretDietPlans.com. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or SecretDietPlans.com. SecretDietPlans.com has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and SecretDietPlans.com makes absolutely no representations or warranties about the content, completeness or accuracy of these hyper-links, or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by SecretDietPlans.com of that site.

Submissions
You hereby grant to SecretDietPlans.com the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to SecretDietPlans.com through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.

SecretDietPlans.com will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future SecretDietPlans.com operations.

SecretDietPlans.com will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Disclaimer
You understand that SecretDietPlans.com cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, trojans, or other code that may manifest contaminating or destructive properties.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. SecretDietPlans.com assumes no responsibility or risk for your use of the Internet related or not related to this site.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by SecretDietPlans.com. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

USE OF THIS SITE IS AT YOUR OWN RISK
The Content is provided “as is” and without warranties of any kind, either expressed or implied. SecretDietPlans.com disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT.

SecretDietPlans.com does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.

SecretDietPlans.com does not warrant or make any representation regarding use, or the result of use, of the Content in terms of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors, and SecretDietPlans.com may make changes or improvements at any time.

You, and not SecretDietPlans.com, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SECRETDIETPLANS.COM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site. SecretDietPlans.com undertakes no obligation to update such information after it is posted or to remove such information from this site unless it is no longer accurate or complete.

Limitation On Liability
SECRETDIETPLANS.COM, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SECRETDIETPLANS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SECRETDIETPLANS.COM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO SECRETDIETPLANS.COM FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity
You will indemnify and hold SecretDietPlans.com, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of the Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks
Trademarks, service marks, and logos appearing in this site are the property of SecretDietPlans.com or the party that provided the trademarks, service marks, and logos to SecretDietPlans.com. SecretDietPlans.com and any party that provided trademarks, service marks, and logos to SecretDietPlans.com, retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material that includes the following:

  • You do not have the right to post, including proprietary material of any third party.
  • Advocates illegal activity or discusses an intent to commit an illegal act.
  • Is vulgar, obscene, pornographic, or indecent.
  • Does not pertain directly to this site.
  • Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive.
  • Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise.
  • Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity.
  • Violates any law or may be considered to violate any law.
  • Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the Content.
  • Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site.
  • Includes programs which contain viruses, worms and/or trojans, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications.
  • Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site.
  • Includes MP3 format files.
  • Amounts to a ‘pyramid’ or similar scheme.
  • Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site.
  • Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, SecretDietPlans.com reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that SecretDietPlans.com nor any third party that provides Content to SecretDietPlans.com will assume or have any liability for any action or inaction by SecretDietPlans.com or such third party with respect to any submission.

Security
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). SecretDietPlans.com will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that SecretDietPlans.com considers insecure, SecretDietPlans.com will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, brute force programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, SecretDietPlans.com reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. SecretDietPlans.com reserves the right to investigate suspected violations of these Terms of Use.

SecretDietPlans.com reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing SecretDietPlans.com to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS TERMS OF USE AGREEMENT, YOU WAIVE AND HOLD HARMLESS SECRETDIETPLANS.COM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SECRETDIETPLANS.COM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SECRETDIETPLANS.COM OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of California, Delaware, Idaho, New Mexico, Texas, and the United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California, Delaware, Idaho, New Mexico, or Texas in connection with any dispute between you and SecretDietPlans.com arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in either California, Delaware, Idaho, New Mexico, or Texas depending on the venue SecretDietPlans.com chooses. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional Terms of Use on this site will govern the items to which they pertain. SecretDietPlans.com may revise these Terms of Use at any time by updating this posting.

Revisions
SecretDietPlans.com reserves the right to revise, amend, or modify these Terms of Use, our Privacy Policy, Disclaimer, and our other policies and agreements at any time and in any manner, by updating this posting. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

Governing Law
These Terms of Use and the use of this site is governed by California, Delaware, Idaho, New Mexico, and Texas law. If a dispute arises under these Terms of Use, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Doña Ana County, New Mexico. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Doña Ana County, New Mexico, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

SecretDietPlans.com is controlled, operated, and administered entirely within California, Delaware, Idaho, New Mexico, and Texas. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

We agree to provide you access to our site in accordance with these Terms of Use.

Contacting Us
We can be reached by contacting:

SecretDietPlans.com
P.O. Box 13122
Las Cruces NM 88013 USA

Click Here To Contact Us By eMail

Last Updated: 29 April 2009