By using devotiondiet.com ("Website"), you agree to these Terms of Usage. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Usage at any time and with or without notice. By using this website after we post any changes, you agree to allow those changes, whether or not you have reviewed them. If you do not agree to these Terms of Usage, you should not use devotiondiet.com and cancel your registered user membership. It is our suggestion that you should check these Terms of Usage periodically for changes.

1. Scope of Terms
Unless specifically specify elsewhere in this text, these Terms of Usage apply to your use of the websites which are owned or operated by Diex Strategic Health Systems LLC(collectively, "we," "us," or "our"), including, without limitation, this website and any other websites that we may own or operate currently or in the future.

2. Terms of Usage
By using this Website, you agree to be legally bound and to abide by these Terms of Usage, just as if you had signed this agreement. If you do not act in accordance with with these Terms of Usage at any time, we reserve the right, if appropriate, to terminate your password, user account, and/or access to this Website (or any component thereof). At our sole discretion and without prior notice or liability, we may withdraw, discontinue, amend or alter any aspect of the Website, including, but not limited to, (a) restricting the time the Website is available, (b) restricting the amount of use permitted, and (c) restricting or terminating any user's right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be affected without prior notice. If you do not abide by the provisions of these Terms of Usage, you agree that we may instantaneously deactivate or cancel your user account and all related information and files in your user account and/or prohibit any further access to such information and/or files, or our Website. Furthermore, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, our Websites.

From time to time, we may supplement these Terms of Usage with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby included by reference into these Terms of Usage.

3. Use of Materials – Limits and Restrictions
Unless otherwise specified, we award you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, non-commercial use, provided that you observe fully with the requirements of these Terms of Usage. You acknowledge that devotiondiet.com may contain information, text, software, recipes, photos, video, graphics, questions, music, sounds, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials, quiz answers, meal plans (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. Devotiondiet.com is the trade name and the registered trademark and service mark of devotiondiet.com Our commercial partners, sponsors, suppliers, advertisers, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, distribute, publish, transmit, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. You do not obtain any ownership containing any Content which is downloaded onto your computer from devotiondiet.com. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly forbidden unless you receive our prior written consent. As between you and us, we own and retain all proprietary rights in the Website and any and all Services provided or obtained through the Website. The Website and such Services contain certain copyrighted material, including Content, trademarks, and other proprietary information owned by us, our licensors, or, in some circumstances our Registered Users. Except for any information which is in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Content or other proprietary materials or information without our express written consent in each case.

4. Privacy Policy
We are committed to guarding and protecting your privacy and security. For more information, you should examine our Privacy Policy, which is incorporated into these Terms of Usage by this reference.

5. Registered Membership Rules
There is a registration fee to use the Members Only area of devotiondiet.com. You may visit parts of the website for free, including news and articles, discussion boards, local support groups, and online buddies. If you do not sign up to become a paid member, you will be forbidden from using exclusive devotiondiet.com tools and other offerings (collectively "Offerings"). You must register in agreement with instructions that you will find on this Website to participate in, and to contribute to, any support group message board and live chat, recipe swap or similar interactive activity on devotiondiet.com.

When registering as a member, you agree to provide us with accurate, accurate and complete information about yourself ("Member Data"), and to maintain and promptly update the Member Data to keep it accurate. Without limiting any other provision of these Terms of Usage, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your member account and reject any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website, or share your username or password with anyone for their use.

6. Community Standards and Conduct Guidelines
You are solely responsible for the Content that you Post on the Website or to any Service, or transmit to any other user of the Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, reliability or value of such Postings. Postings are unmonitored. You agree that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. Our adopted standards and code of conduct for members is important, but you acknowledge that there may be posts that you find offensive and that you may not agree with. We will not, under any circumstances, be liable in any way for any Postings (other than for Content developed by devotiondiet.com), including, but not limited to, any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.

You agree not to use any part of devotiondiet.com (including any message boards, recipe submissions, private messaging, invitations, and email) to: Brian Nero

1. Harm or cause detriment to minors in any way;
2. Upload, email, post, or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (at our sole discretion);
3. Impersonate any person or entity, including, but not limited to, a director, officer, employee, agent or representative of devotiondiet.com, our affiliates, members, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with devotiondiet.com, our affiliates, members, or any other person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
5. Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
7. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
8. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, corrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of a Forum (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects other users' ability to use any Forum;
10. Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
11. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law
12. Promote other products, websites, chats, message boards, or events taking place outside of www.devotiondiet.com, without written consent from www.devotiondiet.com;
13. Collect or store personal data or attempt to collect or store personal data about other users of the Website; or
14. Use devotiondiet.com as a way to meet individuals with the intent to harm them physically or mentally;
15. "Stalk" or otherwise harass another member or employee of this Website;
16. Post your personal email address in any message board, private message board, or private message;
17. Display pornographic or sexually explicit material of any kind.

Your privilege to use this Website (including the support forums, recipe submissions, invitations, private messaging, and chat rooms) and contribute to discussions depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other suitable measures to implement these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our Terms of Usage, we may terminate, at our sole discretion, your use of, or participation in, any Posting form.

All Forum communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Website (including any Forum) for adherence to the Terms of Usage and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Forums, we are acting as a passive medium for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.

7. Submissions
If, at our request or on your own, you send, email, post or otherwise transmit to us or this Website information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, stories about yourself or your weight loss, or other materials (including, but not limited to, posting, emailing, or otherwise transmitting Postings on any Forum) (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You also warrant that any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

8. Parental or Guardian Permission
Children under the age of 14 are not permitted, under any circumstances, to use the devotiondiet.com website without parental guidance. Devotiondiet.com will not be responsible for individuals under the age of 18 years of age who imitate or pose as older individuals in order to gain access to devotiondiet.com. We reserve the right to stop such registrations and cancel such memberships immediately and without question or argument.

9. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Website (or any part thereof) who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact our designated agent for notice of claims of copyright infringement: brian@devotiondiet.com.

10. Links
These Terms of Usage apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster. Devotiondiet.com staff will strive to be diligent in the removal of outside links and spam found on the Forums. We will not be responsible for the timing of these removals. Forums will be unmonitored.

11. Your Password and User Account
Registered members are fully responsible for maintaining the confidentiality of passwords and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or assumed breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account. In the event of someone using your user name and password, you will inform devotiondiet.com immediately. You will not share your username or password with any friend, family or outside parties collectively.

12. Health Disclaimer
Devotiondiet.com provides information and diet tips, exercise tips, cooking tips, shopping tips, and other suggestions, intended only to assist users in their personal weight loss efforts. Devotiondiet.com is not a medical organization and our staff will not and cannot give medical advice or diagnosis. Nothing on the devotiondiet.com Websites whatsoever should be construed as such medical advice or diagnosis. Information and responses posted by the staff is not to be taken as medical advice. Devotiondiet.com will not be held responsible for any information interpreted as such by any member. The information and reports produced by us should not be interpreted as a substitute for physician or professional consultation, evaluation, or treatment.

Before beginning any diet and/or any physical exercise routine, devotiondiet.com advises you to check with your doctor or primary health provider to ensure your health and safety. Certain information on this website could be related to mental health and emotional health. Devotiondiet.com strongly suggests that individuals who feel they need support to contact a mental health professional. We will not be held responsible for individuals who intend and carry out harm to themselves or other individuals. Devotiondiet.com is intended for use only by healthy or medically professionally approved adult individuals. The Website is not intended for use by minors or individuals with any type of health condition.

13. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.

NEITHER DEVOTIONDIET.COM, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.

WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE OR ANY SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO USERS OF ANY SERVICE, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.

NEITHER DEVOTIONDIET.COM, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

FURTHERMORE, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USAGE.

14. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE DEVOTIONDIET.COM SITES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE DEVOTIONDIET.COM SITES OR ANY WEBSITE OR WEBSITES LINKED TO THE DEVOTIONDIET.COM SITES, (C) 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 THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.

15. Indemnification
You agree to indemnify, hold harmless and, at our option, defend Devotiondiet.com and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms of Usage, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

16. Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and interpreted in accordance with the laws of Indiana without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms of Usage shall be filed only in the state or federal courts located in Indiana and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

17. Miscellaneous Terms
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other user of the Website.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions and requirements. These Terms of Usage, together with the Subscription Agreement (if applicable), are the entire agreement between you and us relating to the subject matter herein. If you are a subscriber to one of our online subscription offerings or products, in the event of any conflict between these Terms of Usage and the Subscription Agreement, the Subscription Agreement shall control. These Terms of Usage may be modified only by our posting of changes to these Terms & Conditions on this Website, or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.

We may assign our rights and obligations under these Terms of Usage. These Terms of Usage will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms of Usage, will not be interpreted as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.