Terms Of Service
TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE. BY USING THEDIETCHANNEL.COM, YOU AGREE TO ABIDE BY THIS AGREEMENT.
1. Acceptance of and Modification to this Agreement. Welcome to TheDietChannel.com (the “Site”), a property of QuinStreet, Inc. (“QuinStreet”, “we” or “us”). QuinStreet provides the service (“Service”) at the Site subject to these terms and conditions. By using the Service, you agree to be bound by these terms and conditions (the “Agreement”). QuinStreet reserves the right to modify this Agreement at any time. Any such modifications shall be effective upon posting on this website. To use the Services, you must be of legal age to enter into a binding contract and not be prohibited from using the Services by the laws of the jurisdiction from which you access the Services.
2. NOTICE REGARDING INFORMATION ON THE SITE: The material on the Site is for informational purposes only, and is intended as a supplement, not a substitute for medical advice, diagnosis or treatment provided by a qualified health-care provider. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health-related advice from a health-care professional because of something you have read on this site. If you are having a medical emergency, dial 911. The Site does not recommend or endorse any specific tests, physicians, products, procedures, suppliers, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Site or our suppliers, or others appearing on the Site, or other visitors to the Site is solely at your own risk. The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site. The Site and the content contained thereon are provided on an "as is" basis.
3. Modification to or Termination of Services. You acknowledge and agree that QuinStreet may modify or terminate the Services and any of its features at any time or terminate your access to them without notice to you. You acknowledge and agree that QuinStreet shall not be liable to you or any third party as a result of any such modification or termination. You may discontinue use of the Service at any time without notice to us.
5. The Service. The Service is designed to help you locate news and information that may be of interest to you and to help you locate products, services, and suppliers that may be of interest to you. QuinStreet owns and retains all intellectual property rights in the Service. While QuinStreet is not required to screen content accessible through links on the Service, QuinStreet reserves the right to do so and to remove any such links at any time. You acknowledge and agree that QuinStreet is not responsible for any third party content and that you must evaluate any such third party content and bear all risks associated with any use of the content, including any reliance on the accuracy or completeness of the information.
6. Use of the Services. You may use the Services for your individual personal use and you agree that you will not reproduce, duplicate, copy, sell, trade or otherwise exploit the Services for any commercial purpose. You agree to access the Service through the interface provided by this website and that you will not use a robot or any other process to monitor or copy the Services.
7. Content You Submit. By posting or submitting content on or to the Service (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you grant QuinStreet and it affiliates, agents and third party contractors a perpetual, irrevocable, worldwide, royalty free, and non-exclusive license to reproduce, adapt, modify, translate, display, publish, publicly perform, publicly display and distribute any content you submit, post or display through the Services. You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the above license to QuinStreet. You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant QuinStreet all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage QuinStreet or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) unless you have received our prior express written consent, post advertisements or solicitations of business. QuinStreet reserves the right to remove or not publish submissions without prior notice.
8. If you are a copyright owner or agent thereof and believe that user content infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent can be reached
950 Tower Lane, 6th floor, Foster City, CA 94404
By fax: (650) 350-1423
ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. NEITHER QUINSTREET, ITS AFFILIATES AND RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THOSE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limit of Liability
IN NO EVENT SHALL QUINSTREET, OR ITS DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, THIRD PARTY LICENSORS, AFFILIATES, SUCCESSORS OR ASSIGNS (“THE QUINSTREET PARTIES”) BE LIABLE TO YOU FOR YOUR ACCESSING OF THIS SITE OR UNDER OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED WHETHER OR NOT QUINSTREET OR ANY OF THE QUINSTREET PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THEIR COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SERVICES, IF ANY. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE QUINSTREET PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
11. Indemnity. You agree to defend, indemnify and hold harmless QuinStreet and its directors, officers, partners, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site and the content thereon or your breach of these Terms of Service or in connection with your use of the Services.
12. Choice of law. These Terms of Service shall be governed by and construed under the laws of the State of California without giving effect to its conflict of laws principles. You and QuinStreet hereby submit to the exclusive forum, jurisdiction and venue of the state courts located in San Mateo County, California and/or the United States District Court for the Northern District of California for any claim related to, arising from or in connection these Terms of Service and/or your use of the Service.
13. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
UPDATED: September 14, 2009