Legal Information - DietCommunity-Community is Curative

DISCLAIMER

GENERAL INFORMATION

DietCommunity, LLC (“company”, “I”, “we” or “us”) provides general educational information on various topics on this website as a public service, which should not be construed as professional, financial, health, medical or psychological advice. These are my personal opinions only.

The term “you” refers to anyone who uses, visits and/or views the website.

Please read this Disclaimer carefully, and I reserve the right to modify it at any time without notice. By visiting and using this website, you accept and agree to be bound by this Disclaimer along with our Terms and Conditions and Privacy Policy. Your continued use of our website, programs, products and/or services constitutes your acceptance of future changes and updates to this Disclaimer. You must not access or use our website if you do not wish to be bound by this Disclaimer.

DISCLAIMER

Medical Disclaimer

Although I am a nurse by profession, I am not YOUR nurse. All content and information on this website including our programs, products and/or services is for informational and educational purposes only, does not constitute medical advice and does not establish any kind of nurse-patient relationship by your use of this website. A nurse-patient relationship with you is only formed after we have expressly entered into a written agreement with you that you have signed including our fee structure and other terms to represent you in a specific matter. Although we strive to provide accurate general information, the information presented here is not a substitute for any kind of professional advice, and you should not rely solely on this information. Always consult a professional or physician in the area for your particular needs and circumstances prior to making any professional, health, and financial or tax related decisions.

Medical / Health Disclaimer

All content and information on this website including our programs, products and/or services is for informational and educational purposes only, does not constitute medical, psychological or health advice of any kind and we do not warrant that the information presented herein is free of any errors or omissions. We are not providing medical, health care, nutrition therapy or coaching services to diagnose, treat, prevent or cure any kind of physical ailment, mental or medical condition. A professional-client relationship with you is only formed after we have expressly entered into a written agreement with you that you have signed including our fee structure and other terms to work with you in a specific matter.

Although we strive to provide accurate general information, the information presented here is not a substitute for any kind of professional advice, and you should not rely solely on this information. Always consult a professional in the medical and health area for your particular needs and circumstances prior to making any medical or health related decisions. For your health related questions, please seek the advice of a licensed physician or any other qualified health care provider immediately.

AFFILIATE / THIRD-PARTY LINKS DISCLOSURE AND DISCLAIMER

We may partner with other businesses or become part of different affiliate marketing programs whose products or services may be promoted or advertised on the website in exchange for commissions and/or financial rewards when you click and/or purchase those products or services through our affiliate links. We will receive a commission if you make a purchase through our affiliate link at no extra cost to you.

We may also recommend other products, services, coaches and consultants but no such reference is intended to be an endorsement or statement that such information provided is accurate. We recommend these based on our personal experiences but it is still your responsibility to conduct your own due diligence to ensure you have obtained complete accurate information about such product, services, coaches and consultants.

We might participant in the Amazon Services LLC Associates Program, which is an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to www.amazon. These affiliates or third-party relationships in no way compromise the integrity of the content, information, services and materials being presented to you here, and you are under no obligation to click on these affiliate links to purchase those products or services being offered. These affiliate programs are selected based on personal experiences and preferences.

Although we provide these affiliate links on the website for your convenience, we have no control over these external websites and they are solely responsible for their own content and information presented. Therefore, DietCommunity.com and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us cannot be held liable or responsible for any content presented on these external websites and for any damages resulting from them.

This disclosure policy applies to all affiliate links we share on our website, social media, emails, programs, products such as courses, eBooks, Zoom events, services and any other means of communication with you.

EARNINGS DISCLAIMER, TESTIMONIALS AND OTHER DISCLAIMERS

We may disclose our income reports and success results of our current or former customers including product reviews and testimonials on the website from time to time. These income reports, product reviews and testimonials are accurate and strictly for informational purposes only.

We share this information as examples to you but it does not serve as a guarantee or promise of any kind for your results and successes if you decide to use the same information, reviews, products, services, tips and techniques offered here.

All the testimonials included on our websites, programs, products and/or services are real-world examples and stories of other people’s experiences with our programs, products and/or services. But they are not intended to serve as a guarantee that you will achieve the same or similar results. Each individual’s performance is different and your results will vary accordingly.

You are encouraged to perform your own due diligence and research.Therefore, you agree not to hold us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us liable for any of your successes or failures directly or indirectly related to the information, reports, reviews, products and/or services presented to you here.

SPONSORED POSTS / REVIEWS DISCLAIMER

We may include sponsored blog posts on our website from time to time for products or services we recommend or those that have been valuable in our personal experience or use.

We may review different products, services, and other resources to provide reviews of books, services and any other recommendations to you. We may receive incentives, discounts, compensation or free products in exchange for our reviews and sponsored content. All such reviews and sponsored posts are solely our honest opinions made in good faith. You are always encouraged to perform your own due diligence prior to relying on them.

You are encouraged to perform your own due diligence and research and are solely responsible for your decisions, purchases from our affiliate links, sponsored content and results. Your earning potential and results are contingent upon your personal circumstances, abilities, experience, and skills. Therefore, you agree not to hold us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us liable for any of your successes or failures directly or indirectly related to the information, reports, reviews, products and/or services presented to you here.

FAIR USE DISCLAIMER

This website reviews products, .such as books, programs, classes, including but not limited to posting of product images from other websites, logos of manufacturers, doctors, trainers, professors, scientific reviews or coaches. In doing so, no copyright is claimed for this kind of content on the website and to the extent that such material may appear to be infringed, we assert that such alleged infringement is permissible under the fair use principles of the United States of America copyright laws. If you believe any material has been used in an unauthorized manner, please contact us at info@dietcommunity.com

NO WARRANTIES

ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.

You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the website.

You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.

INDEMNIFICATION

You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of our websites including purchasing programs, products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. The company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and help us if requested, without any cost, to defend any such claims.

TERMS AND CONDITIONS

By visiting and using DietCommunity.com (hereinafter the “website”), you accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.

The term “you” refers to anyone who uses, visits and/or views the website. DietCommunity LLC (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments. It is your responsibility to periodically check the website for updates.

Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.

INTENDED AGE

All information and content on this website are intended for individuals over the age of 18. Children, as defined in our Privacy Policy, are prohibited from using this website.

PRIVACY POLICY

We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.

DISCLAIMER

Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review the Disclaimer for more information.

MANDATORY ARBITRATION AND GOVERNING LAW

You expressly waive any legal claims you may have now or in the future arising from or related to the website and our products/services. In the event of a dispute, claim, or controversy arising from or relating to your use of this website, the terms and conditions shall be construed in accordance with the laws of the state of New Mexico in United States.

You agree to first resolve any disputes or claims through mandatory arbitration, and you consent to and submit to the jurisdiction and courts of New Mexico in United States without regard to conflict of law principles or where the parties are located at the time of the dispute.

You agree to bear the full cost of arbitration, to the extent permitted by law. Participation in arbitration in good faith is a condition precedent to pursuing any other legal or equitable remedies available, such as litigation or any other legal procedure. You also agree that if a legal claim is filed after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other legal costs.

INTELLECTUAL PROPERTY

All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use. You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.

You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.

USER CONTENT AND LAWFUL USE OF THE WEBSITE

For any Content or information that you upload, display, post, transmit, send, email or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us.

You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.

You agree not to upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or Content that is-

(a) illegal, violates or infringes upon the rights of others,

(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,

(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,

(d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law,

(e) any attempts to gain unauthorized access to any portion or feature of the website, and

(f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions.

THIRD-PARTY LINKS

The website may contain links to third-party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the website; however, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our terms and conditions.

You agree that we are not responsible or liable for the accuracy, content or any information presented on these third-party websites. You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources.

USE OF OUR PAID AND FREE PRODUCTS

On this website, we may provide free products for download as well as sell paid courses, programs, physical or digital products, and any other related materials (collectively, “products”). All of our products and/or services, including all content, are copyright protected under US and international copyright laws. You are granted a limited revocable license to print or download Content from our digital products for your own personal, non-commercial, non-transferrable, informational and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights. Copying or storing our content for other than personal use is expressly prohibited without our prior written consent.

You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any exploit our products. You cannot sell or redistribute any of our products, whether free or paid ones, without our express written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.

TERMINATION

We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.

DietCommunity’s policy is NO REFUNDS AFTER 14 DAYS.

All sales of products and/or services on this website are final. No refunds will be issued. We truly believe in giving more than receiving and each of our products and services is designed by keeping this core principle in mind. The prices are intentionally kept reasonably low in price as compared to market value to give you the tools and information you need at an affordable price.

NO WARRANTIES

LIMITATION OF LIABILITY

You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.

INDEMNIFICATION

You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. The Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.

WAIVER OF CLASS ACTIONS

You agree that any dispute arising from or related to this Agreement will be resolved solely between you and the Company. You waive your right to bring a class action against us and agree not to bring claims against us as a member of a class or as a representative.

ENTIRE AGREEMENT

These Terms and Conditions along with our Privacy Policy and Disclaimer constitute the entire agreement between you and us with respect to this website. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written.

A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.

SEVERABILITY

If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.

MODIFICATIONS

Company reserves the right, in its sole discretion and without notice, to (a) revise these Terms and Conditions; (b) modify the website and/or any services or products it offers; and (c) discontinue the website and/or products or services at any time. Any changes to these terms will take effect immediately. You agree to review these Terms and Conditions and any other online policies posted on the website on a regular basis to be aware of any changes. You agree to be bound by the revision if you continue to use or access the website after these modifications.

ACKNOWLEDGEMENT

By using any of our products, services or accessing the site, you acknowledge that you have read and agree to be bound by these terms and conditions.

CONTACT

For any questions, please contact us at Info@DietCommunity.com

PRIVACY POLICY

DietCommunity, LLC (“company”, “I”, “we” or “us”) is dedicated to respecting the privacy of your personal information, and this privacy policy describes what information is collected from you on www.DietCommunity.com (hereinafter the “website”) and how it is used. The term “you” refers to anyone who uses, visits and/or views the website.

By visiting and using the website, you accept and agree to be bound by this privacy policy. Your continued use of the website after posting of any changes to our Privacy Policy constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by this Privacy Policy.

CHILDREN’S PRIVACY

We respect the privacy of children and “child” means an individual under the age of 13. This policy is in accordance with the Children’s Online Privacy Protection Act (“COPPA”). This website’s information and content are only intended for people over the age of 18. This website is not intended for children under the age of 13. Without prior parental or guardian consent, we do not knowingly collect, use, or disclose personal information from children under the age of 13. If you believe that personal information was collected without parental or guardian consent from a child under the age of 13, please contact us to have that information deleted.

WHAT INFORMATION WE COLLECT AND HOW IT IS USED

When you access the website, you may provide certain personally identifiable information including but not limited to your name, email address, phone number, address, avatar image, credit card information when you make a purchase on the website.

This information is collected when you register on the site, place an order, subscribe to a newsletter, contact us, use the search feature on the website, provide comments or any other feedback, fill out a form or use the live chat or enter any other information on the website to communicate with us. From time to time, we may also collect information that you submit when you participate in any online surveys that we may post on our website.

Your personal information is used to personalize your experience, improve the website to better serve you, provide customer service support, efficiently process your requests or transactions, tailor advertisements to you, elicit reviews of services or products, provide you offers, promotions and to follow up with you through correspondence (email, live chat, or phone). We do not use this information to provide you offers and promotions from our partners and/or our affiliates.

Additionally, like other websites, this website automatically collects certain information about you through Log Data and Google Analytics. Log Data is information about your computer’s Internet Protocol Address, which is your “IP” address, browser information, Internet Service Provider’s information, your operating system, and your browser type. Similarly, Google Analytics collects certain information about your location, browsing history, the pages you visit, the equipment you used to access the website, traffic patterns, and other general patterns related to your use of the website.

This information is used to analyze website statistics related to user behavior and interests, improve our performance and your use of the website and to further enhance our products and services offered to you.

COMMENTS AND SOCIAL MEDIA

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. When you leave a comment, your name, email address and website/organization name is not shared with a third party and may be used to communicate with you.

Social media accounts and sharing options are available on this website. Social media sites (Facebook, Twitter, YouTube, Pinterest, and others) can track your personal information. Should you choose to interact with us on social media, please note that you will be voluntarily disclosing that personal information. This information is no longer private. It becomes public information and can be collected and used by others. We have no control over and take no responsibility for the use, storage or dissemination of such publicly-disclosed personal information by you.

Any such interactions via comments and social media with us do not subject us to any kind of liability related to misuse of your information by others.

USE OF COOKIES

The website may use cookies to facilitate your use of the website. Cookies are files with small amounts of data including an anonymous unique identifier that a website sends to your computer’s hard drive when you are viewing the website. Just like other websites, we automatically collect some non-personally identifiable information including but not limited to your IP address, geographic location, language preference, date and time of visitors.

When you leave a comment on our website, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment.

If you have an account and you log in to this website, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

We may use cookies for various reasons such as optimizing and personalizing your browsing experience, checking our website analytics, saving your preferences and settings for future use, serving ads based on your liking and interests, affiliate marketing and posting comments on our website.

This information is only collected to better serve and understand your user experience on the website. You have the option of turning off cookies on your computer should you wish to do so. If you choose to do that, you may not be able to view all the features and content of this website.

USE OF WEB BEACONS AND PIXELS

In conjunction with the use of cookies, third parties may also use web beacons, which are also known as clear GIFs, web bugs or pixel tags to collect general information about your use of our website. They monitor user activity and are used to track customer behavior data. This information may be relevant to third parties such as the ad networks used on our website to tailor the advertising based on your behavior and interests.

We may use social media pixels to track and collect general information about your use in compliance with different social media sites (Facebook, Twitter, Pinterest, and others) for the purpose of promoting products, tracking conversions, remarketing, running target advertisements and so forth.

Third parties like Facebook may use their own cookies, web beacons and other technologies to collect and receive information from our website for the purpose of providing target advertisements. You may see our ads on Facebook or YouTube after you have visited our website.

THIRD-PARTY LINKS AND USE

We may include, offer or advertise third party links, products or services on the website. Once you click on a third-party link and leave this website, you are no longer bound by our Privacy Policy and Terms and Conditions.

Articles on this website may include embedded content (e.g. videos, images, advertisements, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

We may use Google AdSense advertising along with any other third-party advertising on the website. Google is a third party that also uses cookies to serve ads on the website for the purpose of providing a positive user experience. Third-party vendors such as Google use cookies to serve ads based on a user’s prior visits to the website. You can opt-out of Google by visiting their privacy policy and ad settings.

We have no control over these third parties and they have their own privacy policies. Neither are we responsible for the activities and practices of these third parties. You should contact them directly and read their privacy policies for any questions. You also agree that your use of these third-party websites is solely at your risk.

DISCLOSURE OF YOUR INFORMATION

As a general rule, we do not disclose your personal information to third parties without your consent with the exception of the following circumstances:

We may disclose your information to our trusted third parties that work with us such as our website hosting partners, email marketing service provider, other service providers that assist in the operation of the website, and any other affiliates and subsidiaries we rely upon to provide you products and services offered here.
We may disclose your information in order to comply with state or federal regulations related to copyright infringement lawsuits or any other legal claims related to the website.
We may disclose your information to our successor and/or acquiring party in the event of a merger, acquisition, restructuring, dissolution or partial sale in the future. However, your personal information will be transferred to the acquiring party in accordance with this privacy policy.

EMAIL MARKETING

You have the option of opting in or unsubscribing from our email list. By subscribing and opting in, you agree to receive newsletters, updates, messages, promotional materials and any other content related to this website. When you send an email, your email message along with email address and responses are saved for communication purposes with you. This information is kept confidential and we do not share, sell or trade your email information with third parties except as otherwise stated in this privacy policy.

If you are in the European Union and opt-in to receive any of our free products or services and/or purchase any products or services through our website then you will be subscribed to receive our free email newsletter once you affirmatively consent to it. Please see the Opt-Out section below should you wish to “unsubscribe” and not receive any emails from us.

But if you are NOT in the European Union then you will be automatically subscribed to receive our free email newsletter once you opt-in to receive any of our free products or services and/or purchase any products or services through our website. Please see the Opt-Out section below should you wish to “unsubscribe” and not receive any emails from us.

OPT-OUT

We comply with the CAN-SPAM Act of 2003 and do not spam or send misleading information. Should you wish to no longer receive communication from us, you have the option of unsubscribing by clicking “unsubscribe” at the bottom of the email we send to you or by contacting us.

As for third party websites, please contact them directly to unsubscribe and/or opt-out from their communications.

We are following the GDPR along with the email marketing service we use to collect your data.

GDPR VISITOR RIGHTS

Under the GDPR, if you are within the European Union, you are entitled to certain rights and information listed below.

We will retain any information you choose to provide to us until the earlier of:

You ask us to delete the information by sending a request to info@DietCommunity.com. Please note that such requests may result in you no longer being able to access paid or free content previously provided to you.
Our decision to cease using our existing data providers.
The Company decides to no longer be in business or continue to offer the services.
The data is no longer needed to provide you service, is too costly to maintain further retention, or the Company finds it outdated.

You have the right to request access to your data that we store and have the ability to access your personal data.

You have the right to either rectify or erase your personal data. You have the right to verify the accuracy of your personal data and have it corrected or removed completely

You have the right to seek restrictions on the processing of your data. When you restrict the processing of your data, we can store your data but cannot process it further.

You have the right to object to the processing of your data in certain circumstances including but not limited to direct marketing, profiling, scientific or historical research purposes, statistical purposes, automated decision making and profiling and tasks based on legitimate interests or in the public interest/exercise of official authority.

You have the right to the portability of your data. You have the right to request your personal data from us, receive it and transfer it to another controller.

You have the right to withdraw consent at any time. If you have provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent any time without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

We require only the information that is reasonably necessary to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

CALIFORNIA CONSUMER PRIVACY ACT (CCPA) COMPLIANCE AND YOUR LEGAL RIGHTS

If you live in California, you have additional rights under California law, and we comply with the CCPA because we may have visitors from California on our website. Here are your legal rights:

You have the right to know whether your personal information is sold or disclosed to third parties.
You have the right to say no to the sale of your personal information.
You also have the right to access your personal information, which we will provide within 30 days of such request.
You have the right to know what personal information is collected from you and how it is used, which we explained in this Privacy Policy
You have the right to have your personal information deleted
You have the right to equal service, price and no discrimination
You have the right to data portability and right to request your personal information and use it for your own purposes

Pursuant to California’s “Shine the Light Act,” you are permitted to request information about the manner in which we share certain categories of information with third parties for their marketing use. We may disclose your personal information to our affiliates or other related third parties such as service providers, vendors for their use in marketing to you, so we can provide the products and/or services offered on this website to you. When we disclose such information, your personal information is still kept confidential and between us and that third party. It is not used for any other purpose that’s not permitted under the laws.

Please be advised we DO NOT SELL YOUR PERSONAL INFORMATION to third parties and have never sold your personal information. We do not intend to sell your personal information in the future either.

Under the CCPA, you still have the right to opt-out of such sales and send us a “do not sell my information” request. If you would like to exercise any of your rights under California law, please submit a verifiable consumer request to us by sending us an email at info@DietCommunity.com Only you as the person registered with the California Secretary of State can make such verifiable consumer requested related to your personal information or someone you authorize to act on your behalf.

Your verifiable consumer request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person about whom we had collected personal information. You must describe your request with enough details such as your first and last name, address and your country that allow us to properly understand the request and respond to it. Please note we cannot respond to your request or provide you with personal information unless we first verify your identity or authority to make such a request and confirm that the personal information relates to you. We will make all attempts to respond to your request within 30 days of receipt.

This privacy notice for California residents supplements the information included in the previous sections of this privacy policy. California and Delaware law also requires us to state whether we honor “Do Not Track” settings in your browser regarding targeted advertising and we do not monitor or respond to Do Not Track browser requests.

SECURITY

The security of your personal information is important to us, and we strive to follow generally commercial industry standards to protect your personal information submitted to us voluntarily and automatically. However, no method of transmission over the Internet is 100% secure and we cannot guarantee the absolute security of your information. When you make a credit-card purchase or purchase through any means on the website, you will be directed to a third-party vendor to complete the transaction. Any information you provide during the checkout process is not stored on our website but instead provided to the third-party vendor that completes the purchase transaction.

By using this website, you agree to hold us harmless for any security breach and for any unauthorized use of your personal information by third parties. You also agree that we cannot be held responsible for any disclosure of your information through our website without our knowledge and consent.

PRIVACY POLICY UPDATES

This privacy policy is effective as of November 30, 2021 and will be updated and modified as needed. You are responsible for visiting this page periodically to check for future updates to this policy. Any modifications to this privacy policy will be effective upon our publishing of the new terms, and your continued use of our website after the posting of any updates constitutes your acceptance of our modified privacy policy.

CONTACT

For any questions or comments regarding the privacy policy, please contact us at DietCommunity, 2800 June NE, Albuquerque, NM 87112.

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StandardTerms of Use

In this document Thanks for using DietCommunity. Please read these Terms carefully. By using DietCommunity or signing up for an account, you are agreeing to these Terms, which will result in a legal agreement between you and DietCommunity (“Agreement”). We will start with the basics, including a few deinitions that should help you understand these Terms. DietCommunity (“DietCommunity,” “we,” or “us”) is an online diet platform (the “App”) that allows you to manage your contacts, and to create, send, and manage certain marketing campaigns, including, without limitation, emails, advertisements, Websites, and mailings (each a “Campaign,” and collectively, “Campaigns”), among other things. The App is offered through our websites, including https://www.DietCommunity.com or any other website or mobile application owned, operated or controlled by us (we’ll collectively refer to these as the “DietCommunity Site,” and together with the App, the “Service”). DietCommunity is a New Mexico limited liability company whose legal name is DanMarTech LLC d/b/a DietCommunity. DietCommunity has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that is a customer of the Service, you are a “Member” according to this Agreement (or “you”). These Standard Terms of Use (“Terms,” including our Acceptable Use Policy, API Use Policy, Cookie Statement, Copyright and Trademark Policy, Data Processing Addendum, and Brand Guidelines) define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, and how we’ll treat your account while DietCommunity’s Standard Terms of Use https://DietCommunity.com/legalyou’re a Member. If you do not agree to these Terms, you must immediately discontinue your use of the Service. Some features of the Service are offered as add-ons to your DietCommunity account (“Addons”). Unless expressly stated otherwise, these Terms apply to the use of Add-ons. Some Add-ons are intended for particular use cases and may also have additional terms or restrictions (“Additional Terms”). Additional Terms for Add-ons can be found on our DietCommunity Site at DietCommunity.com/legal/, and Members agree to the applicable Additional Terms at the time they choose to add the corresponding Add-on. Also note that a Member’s account may have access to unique features of the Service based on their historic usage or status. DietCommunity uses Google Maps and YouTube to provide certain features of the Service, and, as a result, we are contractually obligated to make our Members aware of certain terms related to the use of such features. Therefore, you acknowledge and agree that by signing up for an account and using the Service, you are also bound by the Google Maps/Google Earth Additional Terms of Service and the YouTube Terms of Service (including the Google Privacy Policy). If you download the App through the Apple App Store, Google Play or other app store or distribution platform (“App Provider”), you acknowledge and agree that:

(i) these Terms are between us, and not with the App Provider, and that we are responsible for the Service, not the App Provider;

(ii) the App Provider has no obligation to furnish maintenance and support services or handle any warranty claims;

(iii) the App Provider is not responsible for addressing any claims you or any third party have relating to the App; and

(iv) the App Provider is a third party beneficiary of these Terms as related to your use of the App, and the App Provider will have the right to enforce these Terms as related to your use of the App against you. If you have any questions about our Terms, feel free to contact us. Account 1. Eligibility In order to use the Service, you must:

DietCommunity’s Standard Terms of Use https://DietCommunity.com/legal be at least eighteen (18) years old and able to enter into contracts;

1. Complete the account registration process, agree to these Terms, provide true, complete, and up-to-date contact and billing information. You cannot be based in Cuba, Iran, North Korea, Syria, or any other territory that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and not be listed on any U.S. government list of prohibited or restricted persons. By using the Service, you represent and warrant that you meet all the requirements listed above, and that you will not use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

DietCommunity may refuse service, close accounts of any Members, and change eligibility requirements at any time.

2. Term When you sign up for an account and agree to these Terms, the Agreement between you and DietCommunity is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a DietCommunity account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

3. Closing Your Account You or DietCommunity may terminate the Agreement at any time and for any reason by terminating your DietCommunity account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we will refund a prorated portion of your monthly prepayment for a Monthly Plan or reimburse you for unused Pay as You Go Credits. We will not refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, such as for a breach or violation of the Agreement. If your account is inactive for 24 or more months, we may terminate your account and you won’t be entitled to a refund for a prepaid month or reimbursement for unused Pay as You DietCommunity’s Standard Terms of Use https://DietCommunity.com/legal/terms/ 4/19 Go Credits. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Campaigns. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

4. Changes We may change any of the Terms by posting revised Terms on our DietCommunity Site. Unless you terminate your account, the new Terms will be effective immediately upon posting and apply to any continued or new use of the Service. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time.

5. Account and Password You are responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that DietCommunity is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You will immediately notify us of any unauthorized access or use of your accounts. We are not responsible for any losses due to stolen or hacked passwords. We do not have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

6. Account Disputes We do not know the inner workings of your organization or the nature of your personal relationships. You will not request access to or information about an account that is not yours, and you will resolve any account-related disputes directly with the other party. We decide who owns an account based on several factors, including the content in that account, and the contact and profile information listed for that account. In cases where differing contact and profile information is present or we are unable to reasonably DietCommunity’s Standard Terms of Use https://DietCommunity.com/legal ownership, we will require you to resolve the matter through proper channels outside of DietCommunity. When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.

Payment

7. Paid Monthly Plans and Audience If you had a paid Monthly Plan on or before March 1,2022, the following Section 7 may not apply to you and your account. If it does not apply, an alternate version of Section 7 applicable to you and your account is available in your account (navigate to “Account,” then “Billing,” then “Monthly plans or credits”).

. Paid Monthly Plans When you sign up for a paid monthly plan, you are required to self-select both your projected audience, as described in Section

8 below, and your package (e.g., Essentials, Standard, Premium) (together, your “Monthly Plan”) from those posted on our DietCommunity Site based on your anticipated use of the Service. Each Monthly Plan offers different pricing and feature options. Once you select your Monthly Plan, DietCommunity will never automatically upgrade or downgrade your Monthly Plan. So, give yourself room to grow if you will need it! If you exceed your Monthly Plan usage limits (either by exceeding your audience or monthly email limits, or both), you will incur additional charges for the prior billing cycle based on your current Monthly Plan, which will be detailed on your bill and in your account. Before paying for your Monthly Plan for the first time, you will have an opportunity to preview the additional charges which would apply to your Monthly Plan should you incur them by exceeding your self-selected usage limits. If you decide to proceed, and you incur additional charges, you agree to pay them on or before the next Pay Date, as described below. You will always have the option to upgrade to a higher tier at any time. If you upgrade during a billing cycle, you may elect to upgrade your package, your audience limit, or both. If you elect to upgrade both, the upgrade amount for the package upgrade is calculated first, and the upgrade amount for the audience limit upgrade is calculated second. In any event, your monthly charge for that billing cycle will be calculated based on the number of days in that billing cycle during which you were at DietCommunity’s Standard Terms of Use https://DietCommunity.com/legaleach of the lower tier and the higher tier (including any applicable additional charges for the higher tier). You will also have the option to downgrade to a lower tier at any time, but if you elect to downgrade during a billing cycle, your downgrade will not be effective until the end of that billing cycle, and you will still be charged for that entire billing cycle at the higher tier (including any applicable additional charges for the higher tier). When you sign up for a Monthly Plan, you agree to monthly recurring billing, starting on the date you sign up. Billing occurs on the same day each month, based on the date that you started your Monthly Plan. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If any part of a month is included in the Term, then payment is required for the full month. If you exceed your self-selected usage limits for your Monthly Plan, then you’ll have to pay additional charges (as described above) for the prior billing cycle on or before the next Pay Date, even if the Term ends or you downgrade to a Free Plan before that payment is otherwise due. Billing for Monthly Plans may be paused, and you may choose to close your account permanently at any time.

9. Audience and Archiving You may have several types of contacts in your DietCommunity account, but only contacts that you can engage through the Service count as contacts in your “audience” for purposes of your Monthly Plan or Free Plan. Subscribed, unsubscribed, and non-subscribed contacts count towards your audience. Cleaned, pending, reconfirmed, deleted, and archived contacts do not count towards your audience. You may elect to archive contacts at any time, but any profile changes for an archived contact (whether initiated by you, the contact, or an integration) will automatically unarchive that contact. You cannot engage in any activity through the Service with archived contacts unless and until they are unarchived. If a contact is unarchived, it will immediately count towards your audience for your current billing cycle and any future billing cycles unless and until archived again. 8. Free Plans If you use the Service under the free plan (“Free Plan”) and you want to go over the Free Plan limits, you’ll be required to upgrade your account to, and select and pay for, a Monthly Plan. Monthly Plans are described in Section 7A above. If you exceed your Free Plan limits, or otherwise upgrade your account to a paid Monthly Plan, you’ll only be provided one complimentary downgrade to the Free Plan (provided your sending volume DietCommunity’s Standard Terms of Use https://DietCommunity.com/legal/terms/ 7/19 and audience numbers drop down to the Free Plan limits again). If you go over the limits for the Free Plan more than once, you will no longer qualify for the Free Plan, even if your future sending volume and audience numbers are within the limits of the Free Plan. 9. Pay as You Go Credits You may also buy email credits to use the Service (“Pay as You Go Credits”), as explained on our DietCommunity Site. You will have an opportunity to review current rates for Pay as You Go Credits in your account prior to purchase. If you choose to buy Pay as You Go Credits, you’ll have access to the features of the Service included in the Essentials package, as described on the pricing page, and other than the monthly payment requirement, all of these Terms will still apply to you. Pay as You Go Credits purchased on or after March 1, 2022 roll over each month and expire 12 months after purchase. Pay as You Go Credits purchased before March 1, 2022 also roll over each month and expire on March 1, 2022 . Pay as You Go Credits have no cash value, cannot be refunded or redeemed for cash, and represent a limited license to use the Service for the specified volume and type of service.

10. Debit and Credit Cards As long as you’re a Member with a Monthly Plan or otherwise have an outstanding balance with us, you’ll provide us with valid debit or credit card (“card”) information and authorize us to deduct your charges against that card. You will replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we are authorized to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorized to use that card, and that all charges may be billed to that card and will not be rejected. If we are unable to process your card order, we will try to contact you by email and may suspend your account until your payment can be processed.

11. Refunds We will give you a refund for a prepaid month or reimburse you for unused Pay as You Go Credits if we stop providing the Service and terminate your account without cause. You will not be entitled to a refund or credit from us under any other circumstances. We may, at our sole discretion, offer a refund, discount or credit. DietCommunity’s Standard Terms of Use https://DietCommunity.com/legal/terms/ 8/19 12. Charges for Add-Ons If you use an Add-on that has a charge, then you will be billed that additional amount with each billing cycle for as long as the Add-on is active. Your billing cycle for an Add-on may differ from your billing cycle for your Monthly Plan or other features of the Service, and certain Add-ons may require upfront payment for their entire billing cycle.

12. If you use Mandrill to send bulk emails in violation of our Acceptable Use Policy, then we may charge you at the comparable DietCommunity plan or terminate your account.

13. Billing Changes We may change our fees, including our charges for Monthly Plans and Pay as You Go Credits, at any time by posting a new pricing structure to our DietCommunity Site or in your account and/or sending you a notification by email. Quoted fees do not include sales or other transaction-based taxes of any kind.

Rights

14. Feedback and Proprietary Rights We own all proprietary rights in the Service, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Service, and you may only use our brand assets according to our Brand Guidelines. You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to DietCommunity in the course of using the Service or which DietCommunity retrieves or accesses at your direction or with your permission (“Content”). You retain ownership of the Content that you upload to the Service. We may use or disclose your Content (including any personal information therein) only as described in these Terms, our Privacy Policy and Cookie Statement, and, if applicable, our Data Processing Addendum. You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Service. If you provide us with any Feedback, then DietCommunity’s Standard Terms of Use https://DietCommunity.com/legalyou grant us a royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see it. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Service or to develop new features and services.

15. Privacy Policy Your privacy is important to us. Please read our Privacy Policy and Cookie Statement for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service. 16. Right to Review Content and Campaigns We may view, copy, and internally distribute Content from your Campaigns and account to create algorithms and programs (“Tools”) that help us spot problem accounts and improve the Service. We use these Tools to ind Members who violate these Terms or laws and to study data internally to make the Service smarter and create better experiences for Members and their contacts. Rules and Abuse 17. General Rules By agreeing to these Terms, you promise to follow these rules: . You won’t send spam! . You won’t use purchased, rented, or third-party lists of email addresses.

16. You’ll comply with our Acceptable Use Policy, which forms part of these Terms. . If you use our API, you’ll comply with our API Use Policy, which forms part of these Terms. DietCommunity’s Standard Terms of Use https://DietCommunity.com/legal/terms/ 10/19 DietCommunity doesn’t allow accounts that promote or incite harm toward others or that promote discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following: A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others. Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

17. We also may suspend or terminate your account if we determine, in our sole discretion, that you are either: an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm; a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm. If you violate any of these rules, then we may suspend or terminate your account.

18. Reporting Abuse If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a DietCommunity Member, please report it to our Abuse Team. (Every email Campaign sent through the Service has an embedded campaign tracking ID in the email header, making it easy to report suspected spam.) If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at the address provided in our Copyright and Trademark Policy. DietCommunity’s Standard Terms of Use https://DietCommunity.com/legal. Bandwidth Abuse/Throttling You may only use our bandwidth for your Content and Campaigns. We provide image and data hosting only for your use of the Service, so you may not host images on our servers for anything else. We may throttle your sending or connection through our API at our discretion. 20. Compliance with Laws You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, Data Protection Laws (as defined in the Data Processing Addendum), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or any other applicable laws. If you collect any personal information pertaining to a minor and store such information within your DietCommunity account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives. If you or the people you distribute or display Campaigns or other Content to through the Service are subject to Data Protection Laws (as deined in the Data Processing Addendum), you agree, represent and warrant (as applicable) to DietCommunity that: . You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that

(a) satisfies the requirements of applicable data protection laws,

(b) describes your use of the Service, and

(c) includes a link to DietCommunity’s Privacy Policy. You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to DietCommunity and to enable such data to be lawfully collected, processed, and shared by DietCommunity for the purposes of providing the Service or as otherwise directed by you. DietCommunity’s Standard Terms of Use https://DietCommunity.com/legal/terms/ 12/19 .

19. You will comply with all laws and regulations applicable to the Campaigns sent through the Service, including those relating to

(a) acquiring consents (where required) to lawfully send Campaigns,

(b) the Content of Campaigns, and

20. You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable DietCommunity to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users in accordance with and as described in the Cookie Statement. You are subject to DietCommunity’s Data Processing Addendum (“DPA”), which will apply when and to the extent DietCommunity processes Customer Data protected by Data Protection Laws (all as defined in the DPA). The DPA sets out our obligations with respect to data protection and security when processing such Customer Data in connection with the Service and forms part of these Terms. In addition, if you are subject to EU Data Protection Law (as defined in the Data Processing Addendum), you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Protection Law, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly. You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section 20.

21. Export Controls The software that supports the App (the “Software”) is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the U.S. government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or reexported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, “Export Control Laws”). Therefore, you agree that you won’t, directly or indirectly through a third party, allow the Software or your Campaigns to be accessed or generated from within, or distributed or sent to, any prohibited or embargoed country as mentioned in any Export Control Laws. In addition, you certify that neither you nor any principals, officers, directors, or any person or entity you know to be directly involved with the use of the Service is designated on any U.S. government list of prohibited or restricted persons. DietCommunity’s Standard Terms of Use https://DietCommunity.com/legalIt is important to note that this Section 21 isn’t meant to provide a comprehensive summary of the Export Control Laws that govern DietCommunity, the Service, or the Software. You are downloading and using the Software at your own risk, and it’s your responsibility to consult with a legal advisor to make sure your use of the Service and the Software complies with applicable laws. Liability

22. Limitation of Liability To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service, including any downloads from the DietCommunity Site; (ii) we and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and (iii) in any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month. For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.

23. No Warranties To the maximum extent permitted by law, we provide the Service as-is. This means that, except as expressly stated in these Terms, we do not provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and itness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we cannot guarantee that it’ll meet your specific needs.

24. Indemnity DietCommunity’s Standard Terms of Use https://DietCommunity.com/legal/terms/ 14/19 You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from

(i) your Content,

(ii) your use of the Service,

(iii) your violation of any laws or regulations,

(iv) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms,

(v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us.

25. Equitable Relief Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a court order to stop you).

26. Subpoena Fees If we must provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

27. Disclaimers We and our Team aren’t responsible for the behavior of any third parties, agencies, linked websites, or other Members, including third-party applications, products, or services for use in connection with the Service (each, a “Third-Party Integration”). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration. DietCommunity’s Standard Terms of Use https://DietCommunity.com/legal .

28. Notice to U.S. Government End Users The Software and the DietCommunity Site, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. government end users: only as Commercial Items, with the same rights as all other end users, and according to the Terms. Published and unpublished rights are reserved under the copyright laws of the United States. The manufacturer is The Rocket Science Group LLC, 2800 June NE, Albuquerque, New Mexico 87112.

29. Assignments You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

30. Choice of Law State of New Mexico’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. You acknowledge and agree that any dispute related to the Agreement or the Service itself will be decided by the state or federal courts in Bernalillo County, New Mexico, and each party consents to personal jurisdiction in those courts. DietCommunity’s Standard Terms of Use https://DietCommunity.com/legal/terms/ 16/19

31. Force Majeure We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

32. Survivability Even if this Agreement is terminated, the following sections will continue to apply: Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

33. Severability If it turns out that a section of these Terms is not enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

34. Interpretation The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms will not affect the way the Agreement is interpreted.

35. Waiver If we do not immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

36. No Changes in Terms at Request of Member DietCommunity’s Standard Terms of Use https://DietCommunity.com/legal/terms/ 17/19 Because we have so many Members, we cannot change these Terms for any one Member or group.

37. Further Actions You will provide all documents and take any actions necessary to meet your obligations under these Terms.

38. Notification of Security Incident If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we will notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of DietCommunity for such incident.

39. Notices Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our DietCommunity Site. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, DietCommunity, 2800 June NE, Albuquerque, New Mexico, 87112, or any addresses as we may later post on the DietCommunity Site.

40. Entire Agreement These Terms and any Additional Terms you have agreed to by enabling any Add-ons make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Addon. DietCommunity’s Standard Terms of Use https://DietCommunity.com/legal/terms/ 18/19 Where there is a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.

Thanks for taking the time to learn about DietCommunity’s policies.

Updated as of February 4, 2022.