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Terms of dailyRD.com

This Agreement sets and contains the terms and conditions between you, the client of dailyRD (“Client”) and dailyRD, LLC, doing business as dailyRD and dailyRD.com (“dailyRD”). dailyRD reserves the right to change these Terms from time to time as necessary, and will post such changes and the effective date within the Terms on this website.

Client may browse this site for information. However, please do not attempt to copy, distribute, modify, transmit or revise the contents of this site without written permission from dailyRD, LLC. Neither title nor intellectual property rights are transferred to any third party through the use or access to dailyRD; rather, all rights, title, and interest in and to all aspects of this site remain the sole property of dailyRD.

Disclaimer of Liability

dailyRD does not provide medical diagnosis or advice concerning medical treatment that may be appropriate for you. dailyRD’s Dietitians are independent contractors, and not employees of dailyRD. Dietitians are licensed experts in the field of nutrition and disordered eating. However, dailyRD assumes no responsibility for any act, omission or wrongdoing of any Dietitians. dailyRD makes no representation or warranty as to whether you find the support services satisfactory and/or suitable for your needs. dailyRD is not involved with the actual substance of the Client’s  relationship with his/her Dietitian and we do not validate or control any of the Dietitian’s services. You acknowledge and agree that you are aware in some cases, dailyRD’s offered services may not be completely substitute for a face-to-face session by a licensed Dietitian. You should never rely on or make health or well-being decisions purely on use of dailyRD.

Payment and Refunds

Payment for use of dailyRD is used to compensate dailyRD for its, overhead, administrative services and other costs and fees, including transaction fees for credit card usage. Part of your payment, accounted for separately, is remitted to the Dietitian for the support provided to You. dailyRD does not participate, split or take a percentage of this part of the payment. Regardless of this payment, dailyRD is not deemed as the Dietitian of a provider of any nutrition support services. Both the Dietitian and Client agree to indemnify dailyRD for claims made by a Dietitian or Client against each other. The Client and Dietitian agree to indemnify and hold harmless dailyRD, its related entities, affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms. You agree to pay all fees and charges associated with your account on a timely basis and according to the rates as published by dailyRD. Such fees and charges will be charged on Client’s provided credit card. By providing dailyRD with credit card information Client authorizes dailyRD to bill and charge Client credit card. Client agrees to maintain valid credit card information in Client Account. Refunds will not be issued unless dailyRD has made an error by incorrectly charging Client credit card.

Proper Use of the Site

Client agrees that DailyRD and its affiliates shall not be liable to Client or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the content or any other information obtained through use of DailyRD. In no event will DailyRD or its affiliates be liable to Client or anyone else for any incidental, consequential, indirect, special or exemplary damages or lost profits arising out of the use or inability to use the content, the website or any other information obtained through the website, even if DailyRD, its affiliates, its licensors, agents or representatives know or have been advised of the possibility of such damages.

These excluded damages include, but are not limited to, medical, legal and any other malpractice damage claims or awards, pain and suffering, personal injury/wrongful death, loss of income, loss of consortium, business interruption, medical bills, damages for loss of data, loss of programs, or service interruptions. DailyRD’s cumulative liability to Client or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to the website, the content or these Terms shall not exceed the fee, if any, paid by Client or on your behalf for the use of DailyRD for the prior 12 months.

Hyperlinks

Any link, including a hyperlink, button or referral device of any kind, used on DailyRD is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to DailyRD. DailyRD does not endorse the content on any third-party websites. DailyRD is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding its content or accuracy. DailyRD does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Client’s use of third-party websites is at Client’s own risk and subject to the terms and conditions of use for such websites.

Client Responsible for All Communication and Posts

Neither DailyRD nor its affiliates are under any obligation to respond to messages posted to DailyRD. If Client posts any information or material to DailyRD, he or she is responsible for such information or material and the consequences of his posting. If Client chooses to post material, Client agrees to do so solely for lawful purposes and in compliance with all applicable laws. DailyRD reserves the right to edit or delete any material posted on DailyRD. DailyRD does not endorse any opinions expressed by third parties or other Clients on DailyRD. Client acknowledges that any reliance on content posted by others on DailyRD, and Client use of that content, is Client’s own risk.

Modifications, Termination, Interruption and Disruptions to DailyRD

Client confirms and acknowledges that DailyRD may modify, suspend, or discontinue DailyRD or any part of the DailyRD.com website or the use of a mobile application at any time with or without notice. Client agrees and acknowledges that DailyRD will not be liable for any of the aforementioned actions or for any losses or damages that are caused by it.

DailyRD relies on technology from a third party and is dependent on third party engineering and hosting in part, and on various factors such as software, hardware and tool. DailyRD does not guarantee that the website or mobile application will be uninterrupted or that it will be consistent, timely or error-free.

Forbidden Uses of DailyRD

All Clients expressly agree not to post any material that:

  • Is defamatory, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law
  • Infringes on the copyright or any other proprietary right of a third party
  • Would invade the privacy of any other person
  • Is intended to advertise to or solicit others without our express permission
  • Constitutes charity solicitations, chain letters or pyramid schemes
  • Contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component
  • Interfere with or disrupt networks connected to the website, or used for purposes of delivering the content (or violate the policies or procedures, or regulations of such networks)
  • Attempt to gain unauthorized access to restricted areas of the website, other accounts, computer systems or networks connected to the website, through password mining or any other means
  • Interfere with another Client’s use and enjoyment of the website or dailyRD service

DailyRD Copyright and Trademarks

All content and materials available on DailyRD, including but not limited to text, graphics, domain names, code, images and logos are the intellectual property of DailyRD, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited.

Age Requirements, Email and Password for DailyRD

Client agrees by using DailyRD, Client is at least 18 years of age. By registering as a Client and agreeing to the Terms of this Agreement, Client also agrees to DailyRD Privacy Policy. Client remains responsible for the confidentiality of Client username and password and any other security information related to Client account. DailyRD will not be liable for any loss that Client incurs as a result of someone else using Client account or your password, either with or without Client knowledge. Client’s continued use of DailyRD will signify your acceptance of the changes to the website or the Terms of Use. If Client does not accept the changes, Client’s sole and exclusive remedy is to discontinue using DailyRD.

General Legal Terms

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of Kansas. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

This Agreement notice was last updated on January 18, 2017 and is deemed effective as of this date.