Terms of Use - Website

IT IS IMPORTANT THAT YOU CAREFULLY READ AND UNDERSTAND THIS AGREEMENT. BY ACESSING OR USING THE WWW.SLIMLOGIXSYSTEM.COM WEBSITE (THE “WEBSITE”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (THE “TERMS OF USE”). IF YOU DO NOT AGREE WITH THE TERMS OF USE AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THIS WEBSITE.

THIS WEBSITE IS AVAILABLE ONLY FOR HEALTHY INDIVIDUALS AGED EIGHTEEN (18) YEARS OF AGE OR OLDER. BY USING THIS WEBSITE AND BY AGREEING TO THE TERMS OF USE YOU WARRANT AND REPRESENT THAT YOU ARE AT LEAST (18) YEARS OF AGE.

THE WEBSITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS

THE TERMS OF USE MAY BE MODIFIED AT ANY TIME BY PUBLISHING THE REVISED TERMS OF USE ON THE WEBSITE. SUCH CHANGES WILL BE IMMEDIATELY EFFECTIVE, AND YOUR CONTINUED USE OF THE WEBSITE, CONTENT AND SERVICES THEREAFTER MEANS THAT YOU ACCEPT THOSE CHANGES.

YOUR USE OF THE WEBSITE, CONTENT AND SERVICES, IS ALSO SUBJECT TO THE COMPANY’S PRIVACY POLICY WHICH IS LOCATED AT WWW.SLIMLOGIXSYSTEM.COM/PRIVACY AND WHICH IS INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE.

TERMS OF USE

These Terms of Use govern your use of the FoodFirst, LLC d/b/a SlimLogix (“Company,” “we,” “us,” and “our”) Website and its contents (the “Content”) and all applications, software, and services (collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to you on the Website (“Service Agreements”). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.

1. License and Restrictions. So long as you are in compliance with these Terms of Use, you are granted a limited, personal, nontransferable, nonsublicensable, revocable license to: (a) access and use the Website, Content and Services only in the manner presented, and (b) access and use the Company computer and network services offered within the Website only in the manner expressly permitted by Company. Except for this limited license, Company does not convey any interest in or to the information or data available via the Website, Content and Services or any other Company property by permitting you to access the Website and use the Company computer and network services offered within the Website. Except to the extent required by law or as expressly provided herein, none of the Website, Content and Services may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Company. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Website, Content and Services in any way, unless expressly permitted to do so by Company.
2. Restrictions on Intellectual Property. The Website, Content and Services contain information, text, documents, materials, images, graphics, photography, designs, logos, layouts, icons and computer code that is owned exclusively by the Company or its licensors and is protected under applicable copyright, patent, trademark, and/or other proprietary intellectual property rights. No rights to the use of any of the Company’s or its licensors’ intellectual property rights are conveyed by your use of the Website, Services and/or the Terms of Use. Except as expressly stated herein, no other rights are granted to you by implication, estoppel, or otherwise, under any intellectual property right. Except as expressly stated herein, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, stream, transmit, or distribute the intellectual property of the Website, Content and Services in any way without Company’s or the appropriate licensor’s prior written permission.
3. Restrictions on User.  In addition to other restrictions set forth in these Terms of Use, you agree that you will not: (a) use the Website, Content or Services in any manner that could damage, disable, overburden, or impair the Website or Services (or any server or networks connected to the Website or Services); (b) use the Website, Content or Services in any manner that could interfere with any third party’s use and/or enjoyment of the Website or Services (or any server or networks connected to the Website or Services); (c) use the Website, Content or Services in any manner which may infringe any intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, invasive of another’s privacy, or in violation of the Terms of Use; (d) use any data mining or similar data gathering and extraction methods in connection with the Website, Content or Services; (e) use the Website, Content or Services to construct any kind of compilation or database; (f) impersonate any person, business or entity; (g) circumvent, disable or otherwise interfere with security-related features of the Website or Services; or (h) use the Website, Content or Services in violation of any applicable law.
4. User Account. You may choose to register with Company through the Website and create a user account (the “Account”). If you do, you will have access to your Account by providing an email address and password. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your computer. You agree to accept responsibility for all activities that occur under your Account. We may terminate your Account at any time, for any reason or no reason and without prior notice to you.
5. User Content.

5.1  Permission.  The Website may permit you to create and publicly share, post or upload content, including text, video, audio, images and other materials (“User Content”). You are solely responsible for your own User Content and the consequences of sharing, posting or uploading such content on the Website.

5.2  License.  If you share, post or upload User Content, you grant Company a nonexclusive, perpetual, royalty-free, worldwide, and fully sub-licensable right to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in any media (now known or later developed), in whole or in part, including in connection with Company’s marketing and promotional activities, without any payment to or further authorization by you. You agree that this license includes the right for Company to make such User Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication on the Website or on other media and services. You further grant Company the right to publicly display your (already public) username in connection with User Content. Under the license granted herein, Company shall be free to use any ideas or concepts contained in the User Content without further attribution, compensation or notice to you. Company does not endorse any User Content, or any opinion, recommendation, or advice expressed therein. Company reserves the right to determine in our sole discretion whether User Content is appropriate and complies with these Terms of Use in deciding whether or not to allow the uploading and/or removal of any User Content.

5.3  Public Display.  You understand that User Content will be displayed publicly. Company does not control, take responsibility for or assume liability for any User Content, or any loss or damage related to User Content.

5.4  Warranties.  In connection with your sharing, posting or uploading any User Content, you affirm, represent, and warrant to Company that with respect to any such User Content: (a) the content of the User Content is non-confidential; (b) the content of your User Content is original (does not infringe previously published material, including images, music and video); (c) you own all right, title and interest to your User Content and have the sole and exclusive right (including all intellectual property and privacy rights) to license all of the rights therein to Company as set forth in the license granted above; (d) use of your User Content on or in the Website or otherwise by Company, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; (e) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Content which will allow Company to utilize the User Content without compensation or objection; and (f) the User Content does not and will not violate these Terms of Use or any applicable law, rule or regulation. For clarity, Company obtains the license detailed above, but does not claim ownership of your User Content.

5.5  Monitoring and Removal.  Company has the right, but not the obligation, to monitor the User Content in order to determine compliance with the terms of this license and any operating rules established by Company, as well as to satisfy any law, regulation, or authorized government request. Company has the right to remove any User Content that we, in our sole discretion, view as a violation of terms of this license, or for any other reason.

5.6  Geographic Location Information.  As part of your use of the Website and Services you may be provided with the opportunity to upload and post content to the Website and Services regarding your geographic location. Therefore, you must exercise caution and common sense when submitting personal information to the public, including any details as to your identity and/or location. You are solely responsible for the submission of your geographic location and the consequences of publishing such personal information on the Website.

6. Termination.  These Terms of Use are effective until terminated. You may terminate your use of the Website, Content and Services at any time. You agree that Company may, at its sole discretion, temporarily or permanently terminate your use of the Website, Content and Services at any time and for any or no reason in its sole discretion without prior notice to you. Upon termination, for any reason, you agree to discontinue use of the Website and Services and to destroy any copies of the Content. You agree that Company shall not be liable to you or any third party for any termination or suspension of your Account or your use of the Website, Content and Services.
7. Third Party Services, Websites and Social Media.

7.1  Third Party Services and Websites.  As part of your use of the Website and Services, you may be provided with the opportunity to access third party services and websites via outbound hyperlinks (collectively and individually, “Third Party Materials”). You agree to use the Third Party Materials at your sole risk and that Company shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Company does not warrant or endorse such Third Party Materials, and does not assume any liability or responsibility to you or any other person for any Third Party Materials, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided by Company solely as a convenience to you.

7.2  Social Media.  As part of your use of the Website and Services, you may be provided with the opportunity to access third party social media platforms. You agree to use any social media platform at your sole risk and that Company shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such social media platform. You agree to take reasonable precautions with posting on a social media platform with regards to your personal information and/or geographic location. Further, you agree to take reasonable precautions in all interactions with other social media platform users, particularly if you provide such users with personal information and/or decide to meet such a user offline, or in person. You are solely responsible for the submission of your personal information and/or geographic location and the consequences of publishing such information on a social media platform.

7.3  Video Streaming Services.  As part of your use of the Software, you may be provided with the opportunity to access third party video streaming platforms. You agree to access and use any video streaming platform at your sole risk and that Company shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such video streaming platform. You agree to take reasonable precautions with broadcasting on a video streaming platform with regards to your personal information and/or geographic location. Further, you agree to take reasonable precautions in all interactions with other video streaming platform users, particularly if you provide such users with personal information and/or decide to meet such a user offline, or in person. You are solely responsible for the submission of your personal information and/or geographic location and the consequences of publishing such information on a video streaming platform.

7.4  Dexcom CGM Data.  To the extent that your use of the Website includes data received or otherwise generated from any Dexcom, Inc. (“Dexcom”) continuous glucose monitoring (CGM) device (collectively, “Dexcom CGM Data”), you acknowledge and agree that such Dexcom CGM Data is provided by Dexcom without any warranty or other terms that contradict, expand or differ from the express warranties and terms published or otherwise made available by Dexcom. For additional information, please refer to the materials included with your Dexcom CGM device.

8. Tracking Tools. The Website and Services may contain third party tracking tools from our service providers to collect and analyze user information on our behalf. Please refer to Company’s privacy policy located at www.slimlogixsystem.com/privacy for more information.
9. Your Representations and Warranties.  You represent and warrant that: (a) you possess the legal right, capacity and ability to agree to the Terms of Use; (b) that all information or material that you transmit through the Website and Services is owned by you, is true, accurate and current, including user Account information; (c) you are 18 years of age or older, and acknowledge that the Website and Services are not available for use by children under 18 years of age; and (d) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country.
10. DISCLAIMER OF WARRANTY.  COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE WEBSITE, CONTENT AND SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSES OR MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, INTEGRATION, OR LIABILITY ARISING FROM ANY COURSE OF DEALING, USAGE OF TRADE, OR TRADE PRACTICE. YOU AGREE THAT THE WEBSITE, CONTENT AND SERVICES ARE BEING PROVIDED “AS IS” AND THAT COMPANY HAS MADE NO EXPRESS WARRANTIES REGARDING THE WEBSITE, CONTENT AND SERVICES. THE ENTIRE RISK AS TO FUNCTIONALITY AND OPERATION OF THE WEBSITE, CONTENT AND SERVICES LIES WITH YOU, AND COMPANY ASSUMES NO RISK OR OBLIGATION IN CONNECTION THEREWITH.

Some jurisdictions do not allow the exclusion of implied warranties, or have legislation that imposes certain statutory warranties that cannot be excluded, so the above exclusion may not apply to you.

11. LIMITATION OF LIABILITY.  YOUR USE OF THE WEBSITE, CONTENT, SERVICES AND RELATED GOODS IS ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCE WILL COMPANY, ITS AGENTS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF, OR RELIANCE ON, THE WEBSITE, CONTENT, SERVICES AND RELATED GOODS. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS LICENSORS, SUPPLIERS OR DEALERS BE LIABLE TO YOU FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, CONTENT, SERVICES AND RELATED GOODS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR (I) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOST PROFITS, LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE WEBSITE, CONTENT, SERVICES AND RELATED GOODS); (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, CONTENT, SERVICES AND RELATED GOODS; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, CONTENT, SERVICES AND RELATED GOODS BY ANY THIRD PARTY; (IV) FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEBSITE, CONTENT, SERVICES AND RELATED GOODS, OR FOR ANY INFORMATION OBTAINED OR DOWNLOADED FROM THE WEBSITE, CONTENT, SERVICES AND RELATED GOODS, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME; OR (V) DEFAMATORY, OFFENSIVE, INAPPROPRIATE, OR ILLEGAL CONTENT OR USER SUBMISSIONS OR THE CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED ONE-QUARTER OF WHAT YOU HAVE ACTUALLY PAID COMPANY DURING THE SIX MONTH PERIOD PRECEDING THE DATE SUCH LIABILITY AROSE.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or have legislation that restricts the limitation or exclusion of liability, so the above limitation may not apply to you.

12. ADDITIONAL DISCLAIMERS. THE WEBSITE, CONTENT, SERVICES AND RELATED GOODS, OR THE RESULTS TO BE OBTAINED FROM THE USE OF THE INFORMATION ON THE WEBSITE, IS NOT INTENDED TO PROVIDE LEGAL, FINANCIAL, ACCOUNTING, TAX OR OTHER ADVICE, AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL ADVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, CONTENT, SERVICES AND RELATED GOODS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
13. Indemnification. To the maximum extent permitted by law, you agree to defend, indemnify and hold Company and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, suits, losses, damages, liability, costs or expenses (including, but not limited to reasonable attorneys’ fees) of any kind or nature, based upon, arising out of, or otherwise relating to your use of the Website, Content and Services or any breach by you of these Terms of Use.
14. Copyright Infringement Notice and Takedown Policy.

14.1  Copyright Agent.  In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC § 512, the designated agent to receive notices of claims of copyright infringement for Company is:

FoodFirst, LLC

c/o CRAFT CHU PLLC

1204 Heights Boulevard

Houston, TX 77008

[email protected]

14.2  Notification.  If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following: (a) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

14.3  Counter Notification.  We may give notice to our users that we have received a notice of infringement by means of a general notice on our Website, electronic mail to a user’s electronic mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

The aforementioned responsibilities are required of Company in order to comply with the Digital Millennium Copyright Act, and will automatically be amended to incorporate any changes, amendments or modifications made thereto.

15. Governing Law, Venue and Jurisdiction.  THESE TERMS OF USE AND ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, CONTENT AND SERVICES WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUDING ITS CONFLICT OF LAW PRINCIPLES. YOU AGREE TO ACCEPT THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN HOUSTON, TEXAS, U.S.A., AND WAIVE ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, SERVICE OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
16. Compliance with Law Including Export Control. Company and the Website are located in the United States. The United States controls the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Website, Content and Services (including any software) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If you access and download the Content (including any software), you represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Website, Content and Services (including any software).
17. Miscellaneous.  Except as expressly provided in a separate license, service or other written agreement between you and Company, these Terms of Use constitute the entire agreement between you and Company with respect to the use of the Website, Content and Services, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. You may not assign these Terms of Use or any of your interests, rights or obligations contained herein. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any summary sections, section titles, and annotations in these Terms of Use are for convenience only and have no legal or contractual effect. The provisions of these Terms of Use that are intended to survive the termination of these Terms of Use by their nature will survive the termination.
18. Terms of Use Version. These Terms of Use are subject to change at any time, and in the event of any changes, the updated version will appear on this page. You are responsible for regularly reviewing these terms and your continued use of the Website, Content and Services constitutes your agreement as to all such new, updated, or modified terms.
19. Contact for Information. Please read these Terms of Use carefully, and feel free to contact us at [email protected] if you have any questions regarding its contents.

Current Terms of Use version:  June 1, 2023

Copyright © 2023 FoodFirst, LLC. All rights reserved.