TERMS AND CONDITIONS
 
By registering for or using the site, you agree to these Terms and Conditions and the Diet Care Privacy Policy. Each time you use the site, you reaffirm your acceptance of the then-current Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may discontinue using the site. You cannot register or use the site until you have accepted these Terms and Conditions.
 
Diet Care may change these Terms and Conditions at any time and in its sole discretion. The modified Terms and Conditions will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms and Conditions, your only remedy is to discontinue using the site.
 
Eligibility
By registering to use the site, you represent that you have reached the age of majority in The State of Kuwait and that you have the legal ability to accept these Terms and Conditions and to use the site in accordance with these Terms and Conditions.
 
IMPORTANT HEALTH INFORMATION
The site is a comprehensive weight loss website designed to teach you the skills to lose weight and maintain your weight loss. Nothing contained on the site is intended to be instructional for medical diagnosis or treatment. You may not use a Diet Care program if you are (a) pregnant, (b) nursing, (c) under 18 years of age, (d) anorexic or bulimic, or (e) suffer from illnesses, unless you consult your physician before beginning a Diet Care program, or any other weight loss program. If there is a change in your medical condition, you must immediately notify Diet Care.
 
It is important to note that medical studies indicate that people 20 percent or more above their ideal weight are at increased risk of many illnesses or diseases, including coronary heart disease, heart attacks, diabetes, increased cholesterol levels, high blood pressure, strokes, gallbladder disease, kidney disease, neurological disorders, gout, osteoarthritis, and certain types of cancer. It is also important to be aware of certain risks that have been associated with weight loss. Any weight loss program may cause constipation, muscle cramps, diarrhea, dizziness, dry or cold skin, fatigue, gout, hair loss, headaches, loss of lean body mass, irregular or stopping of menstruation, reduced tolerance to cold, as well as other possible side effects. Please be sure to eat all the food that is recommended on the Diet Care program. Failure to follow the program protocol and eat all of the food recommended may involve the risk of developing serious health complications.
 
Your Responsibility to Protect Your Account
When you sign up to use the site and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password. And you are entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless Diet Care for losses incurred by Diet Care or another party due to someone else using your account or password as a result of your failure to use reasonable care to safeguard your account.
 
Content Posted By You
The site contains various pages where you and other members may post content. You may only post content to the site that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates these Terms and Conditions. By posting or distributing content to the site, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to the site and (b) the content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.
 
By submitting or posting content to the site, you grant Diet Care, its parent, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this content in any medium. Once you submit or post content to the site, Diet Care does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. Diet Care owns all right, title, and interest in any compilation, collective work or other derivative work created by Diet Care using or incorporating content posted to the site.
 
You should carefully choose the information you post on the site. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on the site and the consequences of posting anything on the site.
 
Content Posted By Other Users
Diet Care is not responsible for, and does not endorse, content in any posting made by other users on the site. You are solely responsible for your reliance on anything posted by another member on the site. Under no circumstances shall Diet Care be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance of any content posted by a third party on the site. If you become aware of misuse of the Website by any person, please contact Diet Care at info@thedietcare.com
 
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement branch immediately. You should contact your doctor before following any diet or exercise advice posted by any member on the site. 
 
Activities Prohibited on the Site
The following is a partial list of the kinds of conduct that are illegal or prohibited on the site. Diet Care reserves the right to investigate and take appropriate legal action against anyone who, in Diet Care’s sole discretion, engages in any of the prohibited activities. Prohibited activities include-but are not limited to-the following:
 
• Using the site for any purpose in violation of local, state, national, or international laws;
• Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
• Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Diet Care in its sole discretion or pursuant to local community standards. Diet Care takes no responsibility for monitoring such content or in evaluating it;
• Posting advertisements or solicitations of business; 
• After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); 
• Posting chain letters or pyramid schemes;
• Impersonating another person;
• Distributing viruses or other harmful computer code;
• Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
• Allowing any other person or entity to use your identification for posting or viewing comments;
• Posting the same note more than once or "spamming";
• Harassing, threatening, stalking, or abusing any person; and/or
• Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the site, or which, in the sole discretion of Diet Care, exposes Diet Care or any of its customers or suppliers to any liability or detriment of any type.
 
Diet Care reserves the right-but is not obligated-to do any or all of the following:
 
• Record the dialogue or content posted on any pages of the site;
• Investigate an allegation that anything posted on the site does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the posting;
• Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
• Terminate a user's access to the site upon any breach of these Terms and Conditions; 
• Monitor, edit, or disclose any posting on the site; and
• Edit or delete any communications posted on the site, regardless of whether such communications violate these standards.
 
Diet Care Copyrights
The entire contents of the site are copyrighted as a collective work under the laws of The State of Kuwait. Diet Care holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the site solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the site.
 
Copyright Protection
If you believe any materials accessible on or from the site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting Diet Care (as set forth below) and providing the following information:
 
• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number, and e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.
 
Send this information by e-mail to info@thedietcare.com
 
In an effort to protect the rights of copyright owners, Diet Care maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the site who are repeat infringers.
 
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Kuwait. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms and Conditions and or your use of the Site resides in the courts located in the State of Kuwait, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
 
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision.
 
Warranties
The site and the content are provided on an "as is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, DIET CARE, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Diet Care makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the site. Diet Care cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Diet Care cannot and does not guarantee or warrant that files available for downloading from this site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Diet Care cannot and does not guarantee or warrant that any content you post on the site will remain on the site. Diet Care does not warrant or guarantee that the functions or services performed on the site will be uninterrupted or error-free or that defects in the site will be corrected.
 
Limitation of Liability
DIET CARE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH DIET CARE IS TO DISCONTINUE YOUR USE OF THE SITE. DIET CARE AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF DIET CARE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DIET CARE’S AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
 
Indemnification
You agree to indemnify, defend, and hold Diet Care, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
 
Termination
Diet Care has the right to terminate your account and access to the site for any reason, including, without limitation, if Diet Care, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms and Conditions (either directly or through breach of any other terms and conditions or operating rules applicable to you). Diet Care may, but shall be under no obligation to, provide you a warning prior to termination of your use of the site.
 
Notice
Diet Care may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered to your home or office address on record in your Diet Care account. You may give notice to Diet Care at any time via electronic mail or via phone at 1-80-60-50.
 
Food Substitutions
Although Diet Care takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. Diet Care is not responsible for unavailability of product due to popular demand, whether discontinued or still in production. In the completion of orders, Diet Care reserves the right to substitute a similar product. When making substitutions, Diet Care takes great care to meet the requirements of your particular Diet Care program.