TOS 2000cal.com

I. ACCEPTANCE OF TERMS

Diett Brandsar, 2000cal.com, provides the following service to you free of charge and without requesting your billing information. However, we do ask you to read these Terms of Service ("TOS") and accept them in order to use our service. You can review the current version of the TOS at: http://www.2000cal.com/tos.php. Failure to comply with these TOS may result in account revocation.

II. DESCRIPTION OF SERVICE

2000cal.com is a web-based service that allows its users to create and update online food-, activity-, goal-logs and journals and provides nutritional information (all logs and journals are referred to as "logs"). The Service may be used through a web browser. Nutritional calculator and information can be obtained without registering with 2000cal.com, but registration is required for creation and storage of logs ("the Content"). This Content may reside on 2000cal.com servers or on the servers of a third party.

III. YOUR REGISTRATION OBLIGATIONS

Account registration and verification is required in order to create a 2000cal.com account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to 2000cal.com, you are hereby required to update that information as soon as possible. Should 2000cal.com suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Should you feel that 2000cal.com's privacy policy is not sufficient for you to complete the registration form truthfully, please contact us using the "Contact Us" link from our site. Users under 18 years of age are not allowed to use the Service.

IV. 2000cal.com PRIVACY POLICY

Your use of the Service is subject to 2000cal.com's privacy policy. For information on 2000cal.com's privacy practices, please see the entire privacy policy at http://www.2000cal.com/privacy.php

V. INDEMNITY

You agree to indemnify and hold 2000cal.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

VI. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Because of the global nature of the Internet, you agree to comply with all local rules regarding User conduct on the Internet and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. You understand and agree that you are solely responsible for reviewing the terms of this Agreement from time to time.

VII. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that 2000cal.com may establish limits concerning use of the Service and may modify these limits at any time.

VIII. MODIFICATIONS TO SERVICE

2000cal.com reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that 2000cal.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

IX. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

X. TERMINATION

You agree that 2000cal.com, in its sole discretion, may terminate your password, journal, or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if 2000cal.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted account and all its parts, at 2000cal.com's discretion, will be terminated as well. 2000cal.com may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that 2000cal.com may immediately deactivate or delete your 2000cal.com journal and all related information and files. 2000cal.com reserves the right to bar any further access to such files or the Service. You agree that 2000cal.com shall not be liable to you or any third-party for any termination of your access to the Service.

XI. COST OF SERVICE

2000cal.com provide the Service for free. However, 2000cal.com reserves the right to charge for the Service or additions to the Service in the future, in which case you will be notified in advance and given the option to discontinue your membership. In addition, 2000cal.com is allowed to run advertisements and promotions. By using 2000cal.com, you agree that 2000cal.com has the right to run such advertisements and promotions with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of charging and advertising by 2000cal.com on your account are subject to change. You agree that 2000cal.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such charge and advertisers on the Service. You also agree to 2000cal.com's right to change, modify, or discontinue any type of account and/or its respective services.

XII. LINKS

The Service, or relevant third parties, may provide links to other web sites or resources. Because 2000cal.com has no control over such sites and resources, you acknowledge and agree that 2000cal.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that 2000cal.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

XIII. CONTENT

Guidelines for posting to your online logs shall be as follows:

All Content posted to 2000cal.com in any way, is the responsibility and property of the author. 2000cal.com is committed to keeping the Service in decent standing for all audiences but is not responsible for the monitoring or filtering of any user-submitted Content. Within the confines of international and local law, 2000cal.com will generally not place a limit on the type, or appropriateness of user content within logs. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service. Should content be deemed illegal by such law having jurisdiction over the user, 2000cal.com is committed to submitting all necessary information to the proper authorities;
Should any Content be reported to 2000cal.com as being offensive or inappropriate, 2000cal.com might call upon the poster to retract, modify, or protect (by means of private and friends only settings) the Content in question within a reasonable amount of time, as set forth by the 2000cal.com staff. Should the poster fail to meet such a request from 2000cal.com staff, 2000cal.com has the full authority to terminate any such reported and verified account holding such inappropriate content. 2000cal.com, however, is under no obligation to restrict or monitor journal Content in any way;
2000cal.com claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the 2000cal.com staff in protecting such Content. The user posting any Content represents that the poster has all rights necessary to post such Content (and for 2000cal.com to serve such Content) without violation of any intellectual property or other rights or any laws or regulations;
2000cal.com reserves the right, without limitation except by law, to serve any user Content on the web. 2000cal.com also reserves the right, without limitation, to resell any portion of a user's 2000cal.com back to that individual;
You acknowledge that 2000cal.com does not pre-screen Content, but that 2000cal.com and designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, 2000cal.com and its designates shall have the right, but not the obligation, to remove any content that violates the TOS or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, 2000cal.com reserves the right to limit access to your journal, if found in violation of the TOS, by removing the journal and related user information from the member directory, search engine, and all other methods used in conjunction with finding 2000cal.com users.

XIV. DIETT BRANDSAR PROPRIETARY RIGHTS

You acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All 2000cal.com code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses.

Submission of Unsolicited Ideas and Information

2000cal.com does not want to receive confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by an authorized 2000cal.com representative, any material, information or idea you transmit to 2000cal.com by any means may be disseminated or used by 2000cal.com or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our privacy policy.

XV. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. 2000cal.com does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be 2000cal.com's sole discretion as to what action should be taken.

You agree to NOT use the Service to:

Upload, post or otherwise transmit any content that is in 2000cal.com's opinion to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way, as seen by 2000cal.com or applicable law;
Impersonate any person or entity, including, but not limited to, a 2000cal.com staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"Stalk" or otherwise harass another person or company;
Collect or store personal data about other users for business purposes;
Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
Use 2000cal.com as a forwarding service to another website;
Allow usage by others in such a way as to violate 2000cal.com's TOS;
Engage in commercial activities within 2000cal.com or on behalf of 2000cal.com without prior approval. This includes, but is not limited to, the following activities:
1. Displaying a banner that is designed to profit you or any other business or organization; and
2. Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.

If any user is reported to be in violation with the letter or spirit of these terms, 2000cal.com retains the right to terminate such account at any time without further warning.

XVI. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 2000cal.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2000cal.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITYTHAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 2000cal.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
2000cal.com DOES NOT EMPLOY MEDICALLY TRAINED STAFF AT THE MOMENT. YOU MUST NOT FOLLOW ANY OF THE ADVICE PROVIDED ON 2000cal.com WITHOUT CONSULTATION WITH YOUR DOCTOR. IN CASE OF AN DISAGREEMENT IN INFORMATION BETWEEN THAT PROVIDED ON 2000cal.com AND ANY OTHER SOURCE, ASK YOUR DOCTOR FOR CORRECT ADVICE.

XVII. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT 2000cal.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 2000cal.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY HEALTH CONSEQUENCES RELATED TO THE USE OF THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.

XVIII. U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on 2000cal.com are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of 2000cal.com's proprietary rights in them.

XIX. GENERAL INFORMATION

The TOS constitutes the entire agreement between you and 2000cal.com and governs your use of the Service, superseding any prior agreements between you and 2000cal.com (including, but not limited to, any prior versions of the TOS) and any 2000cal.com prior representations by 2000cal.com. The laws of the State of Delaware, U.S.A, shall govern the TOS and the relationship between you and 2000cal.com. without regard to its conflict of law provisions. You and 2000cal.com agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware, U.S.A. The failure of 2000cal.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

XX. VIOLATIONS

Reports of violations of these terms of service can be made by using the "Contact Us" link available from the side menu on any page of the site.

XXI. REVISIONS

2000cal.com may at any time revise these Terms of Service by updating this posting without notice. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.