Basic Principles Simply put, we lose weight if we consume less energy than we use. Energy comes from the food and drink that we eat and is measured in calories (Cals, cals or kcals). Energy is burnt constantly by our bodies, the amount of energy burnt doing a particular activity varies by its intensity. Assuming that your weight is currently stable, your energy-in and energy-out are equal. To lose weight, this equation needs to be unbalanced, so energy-out is greater than energy-in. Naturally, we can achieve this in two ways. We can burn more energy, by doing exercise, or we can consume less energy, by eating fewer calories (note, this need not mean less food by weight or volume). For most people losing weight is roughly a 80:20 diet:exercise split, simply because it's a lot easier to deny yourself a ~300kcal slice of cake than walking 2-3 miles to burn it off. You can lose weight without any exercise whatsoever if you wish, but exercise in itself is very good for you either way. Be Realistic Besides the very basics, you have to be realistic and accept that, if you want to lose weight, you’re going to have to change a few things. Possibly the most important realization is that you need to make a lifestyle change. The majority of people need to change their diet, as opposed to go on a diet; reverting to old habits will see you reverting to old body-weights, too.
Why our programs get you fast results - safely. Fad diets don't work. Often fad diets are referred to a yo-yo diets because your body weight goes up and down with each and every fad diet you try. You may take the weight off (sometimes with unpleasant side effects) but, you don't have the tools to keep it off for good so your weight goes back up. With Herbal Magic, you will lose weight quickly, safely (with no unpleasant side effects) and keep it off. Each Herbal Magic weight loss program combines real food, personal coaching, and natural health products. It is the combination of these important elements that gives you weight loss results, quickly and safely. There are three steps to help you lose weight and keep it off, for good: We'll give you the tools to achieve: Fast, healthy weight loss Keeping the weight off Your personal goals We will provide a customized weight loss solution that will provide fast, long-lasting results for you. Guaranteed! Related sites with real life stories: http://imgur.com/a/4kKNf"
These Terms of Service ("Terms") govern your access to and use of the services, including our various websites, APIs, Widgets, (the "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, and for any consequences thereof.
You may use the Services only if you can form a binding contract with Model My Diet and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, provincial, national, and international laws, rules and regulations.
The Services that Model My Diet provides are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Model My Diet may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Model My Diet granting you access to and use of the Services, you agree that Model My Diet and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You may use the Widget or API only if you first obtain an API Key from Model My Diet. The API Key must be in every page you place the Widget, or in every call made using the API. Tip: Please use the web site developer.modelmydiet.com to generate your API Key.
You may use the Model My Diet Widget ONLY on publicy accessible web site with a potential for Model My Diet to genreate revenue from the ad placed within the Widget.
You may use the API for testing purposes up to 200 calls per day. You MUST obtain an API License Contract from Model My Diet in order to use the API on your production sites or to remove the limit of 200 calls per day.
Any information that you provide to Model My Diet is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Model My Diet. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Model My Diet account, which you may not be able to opt-out from receiving.
Except for the API license, Model My Diet gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Model My Diet as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Model My Diet, in the manner permitted by these Terms.
Please contact Model My Diet for licensing the API at sales@modelmydiet.com.
All right, title, and interest in and to the Services are and will remain the exclusive property of Model My Diet and its licensors. The Services are protected by copyright, trademark, and other laws of both Canada and the United States and foreign countries. Nothing in the Terms gives you a right to use the Model My Diet name or any of the Model My Diet trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Model My Diet, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation) to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Model My Diet, its users and the public.
Except as permitted through the Services, these Terms, you have to use the Model My Diet API or Widget if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Model My Diet’s computer systems, or the technical delivery systems of Model My Diet’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Model My Diet (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Model My Diet (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Model My Diet is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
The Terms will continue to apply until terminated by either you or Model My Diet as follows. You may end your legal agreement with Model My Diet at any time for any reason by discontinuing your use of the Services. You do not need to specifically inform Model My Diet when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Model My Diet Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account. Nothing in this section shall affect Model My Diet’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
Please read this section carefully since it limits the liability of Model My Diet and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Model My Diet Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE Model My Diet ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Model My Diet Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Model My Diet Entities or through the Services, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MODEL MY DIET ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MODEL MY DIET ENTITIES EXCEED THE GREATER OF ONE HUNDRED CANADIAN DOLLARS (CAD $100.00) OR THE AMOUNT YOU PAID MODEL MY DIET, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE MODEL MY DIET ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The failure of Model My Diet to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the laws of Canada, without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Montreal, Quebec, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
These Terms, and our Privacy Policy are the entire and exclusive agreement between Model My Diet and you regarding the Services, and these Terms supersede and replace any prior agreements between Model My Diet and you regarding the Services. Other than members of the group of companies of which Model My Diet, Inc. is the parent, no other person or company will be third party beneficiaries to the Terms. We may revise these Terms from time to time, the most current version will always be at modelmydiet.com/tos.html. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. These Services are operated and provided by Model My Diet Inc., Suite One, 115 East Pender St., Vancouver BC V6A 1T6, Canada.
If you have any questions about these Terms, please contact us.
Effective: January 1, 2012.