Terms

ZESTAR TERMS OF USE (Effective August 2011)
(Zestar is created and owned by Nomolos, Inc.)

These Terms of Use govern your use of the website located at www.zestardietpilot.com (“Site”) and any use of our services offered on applications for mobile or tablet devices (“Applications”). By accessing this Site or using any Applications, you agree to the following Terms of Use. The terms “Nomolos” or “us” or “we” or “our” refers to Nomolos, Inc., the owner of the Site, and its subsidiaries, affiliates, partners, agents, attorneys, officers, directors, and employees. The terms “you” or “your” refer to the user of ZESTAR® products and services. We reserve the right to terminate or suspend your account or ability to use or access the Site or any portion thereof for any reason whatsoever.

Modifications.
We reserve the right to change, modify, or otherwise alter the Terms of Use at any time and at our sole discretion without specific notice to you and will post any updates to the Terms of Use on our Site. Please review the Terms of Use periodically. Your continued use of the Site following any changes, modifications, or other alterations to the Terms of Use shall constitute your acceptance to comply with and be bound by the revised Terms of Use.

Accounts and Registrations.
Certain sections of the Site may require you to provide personal information in order to access and/or use certain features, functions or services of the Site. If such information is requested, you agree to provide us with accurate and complete information. Please read our Privacy Policy, which describes the personal information we collect, use, manage, disclose and store. Any information provided on the Site is for your personal use only. You may not allow any other person or entity to use your user name or password. We are not liable for any damages, injury, losses or harm caused by or related to the theft, appropriation, or any misuse or disclosure of your account information including your user name or password.

Your access to the Site is conditioned upon our acceptance of your registration and payment of applicable fees for the selected subscription term. Your subscription will automatically renew for subsequent terms, and all payments will be debited against the credit card that you provide. All fees are nonrefundable. Any termination or suspension of your account for nonpayment or other reason will result in the automatic termination of access to the Site.

Ownership of Intellectual Property.
The contents of this Site, including all software, text, characters, images, videos, photographs, designs, illustrations, audio and video files, artwork, graphics, databases, logos, proprietary information, and copyrightable or otherwise legally protective elements of the Site, and all trademarks, service marks, and trade names (collectively the “Materials”) are the property of Nomolos and/or its subsidiaries, licensors, affiliates, assigns, or other respective owners. The Materials are protected under patent, trademark and copyright laws, and the copying, redistribution, use or publication by you of the Materials or any part of the Site, except as described below, is strictly prohibited.

Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable license (a) to access and use the Site strictly in accordance with these Terms of Use and any other legal notices on this Site; and (b) to use the Site solely for personal and non-commercial purposes. You may not, and may not knowingly allow any third party to, (i) reverse engineer, decompile, disassemble, reproduce, transcribe, translate into any language or computer language, re-transmit in any form by any means, resell, or redistribute the Materials without our prior written consent, or (ii) reverse engineer or attempt to discover any underlying ideas, source code, processes, techniques, technology, design, formula, engineering, or algorithms of the Site or related Applications.

Postings.
Portions of this Site may be developed to permit you and other users to submit, distribute, transmit, upload, post or exchange opinions, ideas, information, messages, drawings, emails, photographs, profiles, video and audio files, text, images, or other materials or information onto the Site (“Postings”). You are solely responsible for your Postings.

You may not post, submit, upload or otherwise transmit any graphics, text, messages, photographs, images, audio or video files, artwork or other content or information onto the Site that:

  1. contains a virus or other harmful component or otherwise interferes with, impairs or damages the Site and any individual’s or entity’s use or enjoyment of the Site;
  2. infringes or violates the right of any individual or entity including, without limitation, any right of privacy, any copyright, trademark, patent, trade secret, or other proprietary or intellectual property right, or any contractual rights;
  3. is abusive, offensive, hateful, racist, disruptive, antisocial, defamatory, threatening, violent, vulgar, sexually explicit, pornographic, slanderous or otherwise harmful;
  4. constitutes hate speech.

You may not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

We possess the right to change, use, delete, exploit and distribute the Posting in any manner and at our sole discretion. We shall not be required to pay you or any person or entity any form of compensation for our exploitation, distribution or otherwise use of your Posting or any ideas, concepts, or other information or content in the Posting. Any and all Postings shall become the property of Nomolos and you authorize us to use the Posting in whole or in part, throughout the universe, in perpetuity in or on any media in any manner without any compensation to you or any person or entity.

We reserve the right but do not monitor, endorse, edit or screen any Postings. Postings do not necessarily reflect the views or opinions of Nomolos and are not necessarily related to the ZESTAR program. You acknowledge, understand and agree that we shall neither assume nor have any responsibility or liability for any Postings or for any claims, damages, injury or losses resulting from the Postings, their use and/or appearance on the Site.

Links to Other Websites.
The Site contains links to other websites. These links are provided solely as a convenience to you and are not endorsements of any products or services in such websites and these websites may have privacy policies or terms of use different than our Privacy Policy or these Terms of Use.

Health/Medical Disclaimer.
This Site and related Applications provide nutrition and health management services and the content published on the Site is intended only to assist you in your personal health and wellness management. Nomolos, Inc. is not a medical organization and our staff, Site and Applications cannot give you medical advice or provide medical consulting, diagnosis or treatment services of any kind. Nothing contained on this Site or in the use of our Applications should be considered to be medical advice. Any recommendations provided through the ZESTAR program cannot be relied upon for the purposes of managing a medical condition and Nomolos, Inc. cannot be responsible for the ingredients in any of the food you consume on recommendation of the Site, or for any other food or activity choices you make based on recommendations of the Site.

You are advised to seek the advice of a physician before beginning any weight loss or nutritional management program. This Site is not intended for minors, pregnant women or individuals with any type of health condition. Individuals with health conditions should consult with medical professionals.

ZESTAR does NOT take allergy information into account when making recommendations. If you have food allergies, it is your sole responsibility to ensure that you do not eat anything that you are allergic to, even if it is recommended by the ZESTAR system.

Errors, Corrections and Changes.
We do not represent or warrant that access to and use of the Site will be uninterrupted, or that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. In no event shall Nomolos, Inc. be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the operation of or your use of the Site, for any damage arising in connection therewith, or for any results obtained from the use of the Site.

Copyright Complaints.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide with the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. § 512: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your name, physical address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notices with respect to this Site should be sent to Nomolos, Inc. C/O SCG, 222 S. 9th Street, Floor 41, Minneapolis, MN 55402.

No Warranty.
THIS SITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT, MATERIALS, AND ANY OTHER INFORMATION IN THIS SITE IS NOT INTENDED TO CONSTITUTE LEGAL, HEALTH OR PROFESSIONAL ADVICE.

YOUR USE, ACCESS, OR BROWSING OF THIS SITE IS PERFORMED AT YOUR OWN RISK. THE INFORMATION, CONTENT, AND MATERIALS FROM, IN OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).

Limitation of Liability.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT NOMOLOS AND ITS AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR FROM THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, TO DIRECT, COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THE APPLICATION LICENSE AGREEMENT WHICH GOVERNS YOUR ACCESS TO THE SITE, ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NOMOLOS AND YOU. THIS SITE AND THE CONTENT THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

THE AGGREGATE LIABILITY OF NOMOLOS AND ITS AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE, SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST NOMOLOS AND ANY OF OUR AFFILIATED PARTIES.

Governing Law, Venue and Jurisdiction.
The existence of the Site is not intended and should not be construed to mean that we are conducting business in all states of the United States of America, or that we consent to submit to the personal jurisdiction of the state or federal courts in any state in the United States, except the State of Minnesota. This Terms of Use agreement shall be treated as though it were executed and performed in Minnesota, and shall be governed by and construed in accordance with the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. You agree that any claim or dispute you may have arising out of or related to the Site including, without limitation, your use of the Site, your use of any Applications, the Site’s or Application’s Materials, your information provided to the Site, and/or these Terms of Use, the Privacy Policy, and any legal notices on this Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.

Miscellaneous Terms
These Terms of Use, together with our Application License Agreement and Privacy Policy are the entire agreement between you and us relating to your use of our products and services.