Legal Notices

Terms & Conditions of Use

Welcome to the Medifast Nutrition Inc. (“Company”) website (“Site”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THE SITE CAREFULLY. Your use of the Site constitutes your agreement to follow and be bound by these terms and conditions of use (the “Terms and Conditions”). If you are under the age of majority in the province or territory in which you reside, do not continue to use the Site. The Site may only be used by residents of Canada.

1. ACCEPTABLE USE POLICY

By using the Site, you agree to comply with the Terms and Conditions and to indemnify Company and its affiliates and their respective directors, officers and employees, against any claims by third parties arising from your violation of the Terms and Conditions. The information on the Site is intended to be general information only and is not to be considered medical advice. You must exercise judgment and responsibility with respect to your use of the 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:

  • Use the Site in violation of any law or regulation governing Company’s business or activities or those of any of its affiliates, including without limitation the laws and regulations governing unfair competition, false advertising, consumer protection, obscenity, spamming, and privacy.
  • Use the Site in a manner that infringes or misappropriates another’s copyrights, patents, trade-marks, service marks, trade names, trade secrets, moral rights or other intellectual property rights, or rights of publicity or personality.
  • Use the Site to engage in libel, defamation, harassment, misappropriation or disclosure of trade secrets, intentional misrepresentation or fraud, or wrongful publication of private or personal information.
  • Post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material, hate speech, or any other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law or generally acceptable conduct.
  • Use the Site in a manner that presents a security risk or that may interfere with the operation of the Site.
  • Use the Site to gain illegal or unauthorized access to other computers or networks through hacking or any other means.
  • Introduce viruses, trojan horses, worms, malware or spyware or other computer programming routines, including those that damage, interfere with, intercept, or expropriate any system, data, or personal information.
  • Interfere with other users’ use of the Site.
  • Post or transmit material for advertising or commercial purposes.
  • Assist or permit any person to engage in any of the activities described above.

2. COMPANY’S COMMUNICATIONS TO YOU

To the extent you have consented to Company or its affiliates sending you information and updates, you agree that Company or its affiliates may send electronic mail to you for the purpose of advising you: (i) of changes or additions to the Site, (ii) about any of Company’s products or services, or (iii) for such other purpose(s) as Company or its affiliates deems appropriate. Company will not send communications to you unless you have opted-in to receive email communications from Company at the time you provide your email address to Company.

3. POSTINGS

Company may from time to time monitor, review, and at its discretion edit or delete discussions, chats, and postings on the Site; however, Company 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 the Site. Company will comply with all applicable laws and will cooperate with law enforcement or a court order requiring, requesting or directing Company to disclose the identity of anyone posting any information or material and may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Company, its affiliates, clients, or the public.

4. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Company on or via the Site or otherwise disclosed, submitted, or offered in connection with your use of the Site or otherwise (collectively, “Comments”) shall be and remain Company’s property. Such disclosure, submission, or offer of any Comments shall constitute an assignment by you to Company of all of your worldwide rights, titles, and interests in all copyrights and other intellectual property contained in the Comments, and shall constitute a waiver of all moral rights in favour of Company and its designates. Thus, Company 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. Company is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that you shall not incorporate, or otherwise upload, any material or information into any Comments that is subject to the rights of a third party. You agree that Company or its affiliates 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 Company or its affiliates may use your information for marketing and promotional purposes. All information, including personally identifiable information that you provide while accessing or using the Site, is subject to Company’s Privacy Policy see http://www.medifast1.ca/privacy.jsp or http://www.medifastmd.ca/privacy.jsp. The Privacy Policy is hereby incorporated into and forms part of the Terms and Conditions. By accessing and using the Site you agree to the use and disclosure of the information you submit on the Site as outlined in the Privacy Policy.

5. SITE CONTENT

Unless otherwise noted, all functionality and all materials, including images, illustrations, designs, icons, photographs, video clips, testimonials, program guides and manuals, menus, and other materials that appear as part of the Site (collectively, the “Contents”) are protected by and subject to copyrights, trade-marks, and/or other intellectual property owned, controlled, or licensed by Company. 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 Company. MEDIFAST, MEDIFAST.COM, MYMEDIFAST, MEDIFAST WEIGHT CONTROL CENTERS, TAKE SHAPE FOR LIFE, and all other Medifast® trade-marks appearing on the Site are trade-marks of Company or its affiliates. You are not permitted to use the trade marks displayed on the Site without the prior written consent of Company or, if other than Company, the owner of such trade-marks.

The Contents, and the Site as a whole, are intended solely for your non-commercial (other than for the purchase of merchandise or services from the Site) and personal use. You may download or copy the Contents and other downloadable materials displayed on the Site for your non-commercial and 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 and no moral rights are waived. All copies that you make must retain all copyright and other notices that appear on the Site. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, revise, reverse-engineer, republish, translate, 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, in whole or in part, without Company’s prior written permission.

6. ACCESS AND DESTRUCTION OF MATERIALS

Company may restrict or deny your access to all or any part of the Site, in Company’s sole discretion. Upon request by Company, you will promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made in accordance with the Terms and Conditions or otherwise.

7. GENERAL

Company may change, move, or delete portions of, or may add to, the Site from time to time and without prior notice. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions. Company may correct errors, inaccuracies, or omissions and change or update the Contents, the Site or any related software in whole or in part, at any time without notice.

Company reserves the right, in its sole discretion, to revise the Terms and Conditions at any time without notice. Any changes in the Terms and Conditions will be promptly displayed on this page of the Site. Your continued access or use of the Site after such changes have been made confirms your acceptance of the Terms and Conditions, as modified. It is your responsibility to review the Terms and Conditions regularly.

8. LINKS TO OTHER SITES

For your convenience and enjoyment, the Site may provide links to websites or pages that are not operated by Company. These links do not mean that Company endorses, approves, or sponsors the linked websites or pages or any information, products, or services contained in such websites or pages. Company is not liable for any claims or any damage which might result from your access of the linked websites or pages or for your use of any information, products, or services contained in such websites or pages. Your linking to websites or pages that are not operated by Company is entirely at your own risk and subject to the terms and conditions of such websites or pages.

9. SEVERABILITY

If any provision of the Terms and Conditions shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

10. NO WAIVER

A failure on the part of Company or its affiliates to enforce any part of the Terms and Conditions shall not constitute a waiver of any of Company’s or its affiliates’ rights under the Terms and Conditions, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of Company or its affiliates, as applicable, shall have legal effect.

11. DISCLAIMER

The Site and all contents of the Site are provided on an “as is” basis without representations or warranties of any kind, either express or implied, and disclaims any implied liabilities, whether by statute or otherwise, including without limitation representations or warranties of title, non-infringement of third party rights, merchantability or fitness for a particular purpose. Neither Company nor any of its affiliates assumes any responsibility for errors or omissions in the Contents or other documents referenced by or linked to the Site.

Neither Company nor any of its affiliates represents, warrants or guarantees that the Site will be compatible with your computer operating system, or will operate error-free, without interruptions, or will be free from viruses or other contaminating or destructive properties. 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 consequences resulting from your use of the Site or the Contents hereof, however remote, and that neither Company nor any of its affiliates shall be liable for any claims or damages of any kind related to your use of the Site.

12. MISCELLANEOUS

Unless otherwise specified and except to the extent Company products or services are offered for sale in another jurisdiction through the Site, the Site and the Contents are displayed solely for the purpose of promoting Company’s products and services available in Canada. The Site is controlled and operated by or on behalf of Company. The Terms and Conditions shall be governed and construed in accordance with the laws of the State of Maryland, without regard to any conflict of law provisions. Any dispute arising under the Terms and Conditions shall be resolved exclusively by Maryland-Northern Federal District Court located in Baltimore, Maryland. To reduce costs and expedite dispute resolution, at Company’s election, you 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, whose decision shall not be appealable in the courts. Each party shall pay its own expenses, including legal 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’s offices or by videoconference with costs of same paid by whichever party requested videoconference.

The Terms and Conditions (including the Privacy Policy and any terms of conditions of sale upon ordering products from Company or making of submissions) constitute the entire agreement between you and Company relating to the use of the Site and the Content contained in the Site and cannot be modified except as described in the Terms and Conditions.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY COMPANY.

Copyright © 2014 Medifast Nutrition Inc. All rights reserved.