Welcome to the Medifast Web site ("Site"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. Your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement") made in Baltimore, Maryland.
1. ACCEPTABLE USE POLICY
By using the Site, you agree to comply with this Policy and to indemnify Medifast against any claims by third parties arising from your violation of this Policy. In general, you must exercise judgment and responsibility with respect to your use of our Site. You may only use the Site for lawful purposes and may not use the Site to harm others. Without limiting the generality of the foregoing, you may not:
2. MEDIFAST'S COMMUNICATIONS TO YOU
You agree that Medifast may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Medifast's products or services, or for such other purpose(s) as Medifast deems appropriate.
Medifast may from time to time monitor, review, and at its discretion edit or delete discussions, chats, and postings on our Site; however, Medifast is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality or inaccuracy contained in any information transmitted to any such locations on our Site. Medifast will cooperate with law enforcement or a court order requesting or directing Medifast to disclose the identity of anyone posting any information or material prohibited by this Policy. Medifast may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Medifast, its customers, or the public.
4. USE OF THE "MyWellness" DASHBOARD
5. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Medifast on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site or otherwise (collectively, "Comments") shall be and remain Medifast's property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Medifast of sender's all worldwide rights, titles, and interests in all copyrights and other intellectual property contained in the Comments. Thus, Medifast will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Medifast is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any Comments.
You agree that Medifast may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site contests, promotions, and/or requesting promotional information or product updates, you agree that Medifast may use your information for marketing and promotional purposes.
6. SITE CONTENT
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, testimonials, program guides and manuals, menus, and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, and/or other intellectual property owned, controlled, or licensed by Medifast, Inc., and/or its subsidiaries and their affiliates (collectively, "Medifast"). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Medifast, or any of its subsidiaries. MEDIFAST, MEDIFAST1.COM, MYMEDIFAST, MEDIFAST WEIGHT CONTROL CENTERS, OPTAVIA.COM, and all other Medifast trademarks appearing on this Site are trademarks of Medifast.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise or services from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
This Agreement is effective unless and until terminated by either you or Medifast. You may terminate this Agreement at any time. Medifast may terminate this Agreement at any time without notice and deny you access to the Site, if in Medifast's sole discretion you fail to comply with any term or provision of this agreement. A termination or actions taken by Medifast under the previous sentence shall not limit Medifast's other legal rights and remedies available under law or equity. Upon any termination of this agreement by either you or Medifast, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under this agreement or otherwise.
We may change, move, or delete portions of, or may add to, our Site from time to time and without prior notice. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions. We may correct errors, inaccuracies, or omissions and change or update information at any time without notice.
9. LINKS TO OTHER SITES
For your convenience and enjoyment, our Site may provide links to web sites that are not operated by Medifast. These links do not mean that Medifast endorses, approves, or sponsors the linked site or any information, products, or services contained in such site, nor is Medifast liable for any claims or any damage which might result from your use of such information, products, or services.
If any provision of this agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
11. NO WAIVER
A failure on the part of Medifast to enforce any part of this agreement shall not constitute a waiver of any of Medifast's rights under this agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of Medifast shall have legal effect.
This site and all contents of the site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all servicing or repairs of any equipment you use in connection with your use of our site, and that Medifast shall not be liable for any claims or damages of any kind related to your use of this site.
Unless otherwise specified and except to the extent Medifast products or services are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Medifast's products and services available in the United States and select foreign markets. This Site is controlled and operated by Medifast from its offices in Owings Mills, Maryland.
This Agreement shall be construed in accordance with the laws of the State of Maryland, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by Maryland-Northern Federal District Court located in Baltimore, Maryland. The Parties, to reduce costs and expedite dispute resolution; agree to first utilize mediation; and should that not resolve the dispute, by binding arbitration before a retired Judge chosen by the Parties from the Circuit Court for Baltimore County. Each Party shall pay their own attorney's fees; and all Parties shall pay an equal share of the mediator and/or arbitrator fees at the current rates at the time. Selection of the mediator/arbitrator shall be the first name both chosen from the common current list. ADR by mediation/arbitration shall occur in Baltimore County at company offices or by videoconference with costs of same paid by whichever party requested videoconference.