Service Agreement

7StepDiet.com is an Internet-based online information and communication service-serving consumers seeking diet, exercise and related health information and is provided by 7StepDiet.com, ("7StepDiet.com" or the "Company"), a branch of Restoration Media Inc. By accessing or using 7StepDiet.com, you agree to be bound by the terms and conditions of this online services agreement (as modified from time-to-time, the "Agreement"). If you do not agree to abide by this Agreement, do not use the site or download materials from the site. 7StepDiet.com may modify this Agreement at any time, and such modification shall be effective immediately upon either posting of the modified Agreement or notifying you. Your continued access or use of 7StepDiet.com after any such modification shall be deemed your conclusive acceptance of the modified Agreement.

DISCLAIMER: The Material is presented for the purpose of educating consumers on diet, exercise and related health topics. Nothing contained in the Site is intended to be instructional for medical diagnosis or treatment. The Material should not be considered complete, nor should it be relied on to suggest a course of medical treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Information obtained from the Site is not exhaustive and does not cover any medical conditions or their treatment. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read on 7StepDiet.com.

THE MATERIAL ON THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. 7STEPDIET.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIAL OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.

7StepDiet.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. 7StepDiet.com may make any other changes to the Site, the materials and the products, programs, services or prices (if any) described in the Site at any time without notice.

THE SITE, THE INFORMATION AND MATERIAL ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7StepDiet.com cannot and does not guarantee or warrant that files available for downloading from the Site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. 7StepDiet.com does not warrant or guarantee that the functions or services performed in the Site will be uninterrupted or error-free or that defects in the Site will be corrected. Users of the Site are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to the Site for the reconstruction of any lost data.

USER REPRESENTATIONS: You represent and warrant that: a. you are over the age of 18 and can form a legally binding contract under applicable law. b. you have provided and will continue to provide only true, accurate, current and complete information about yourself when filling out the 7StepDiet.com checkout form (the "Form"). The billing address you provide to 7StepDiet.com on the Form must and should be the address and phone number your credit card bank has on file for you. c. you are not using the 7StepDiet.com service for any improper purpose, and you will act in good faith in your relationship with 7StepDiet.com. d. you have sufficient authority, if you are purchasing on behalf of a company, to bind that company to these Terms.

USER'S AGREEMENT: You agree to: (a) maintain all equipment required for your access to and use of 7StepDiet.com.com (b) maintain the security of your user identification, password and other confidential information relating to your 7StepDiet.com account; (c) be of good physical condition or otherwise healthy and with no impediments to follow this program, or be of stable health condition (d) be responsible for all charges resulting from use of your 7StepDiet.com account, including unauthorized use prior to your notifying 7StepDiet.com of such use and taking steps to prevent its further occurrence by changing your password and (e) You agree that your placement of an electronic membership on the 7StepDiet.com site is sufficient to satisfy the Statute of Frauds, and no further writing is required.

MEMBERSHIP: With the exception of special offers and the initial trial membership (ITM), which are both nonrefundable fees. Unless specified otherwise on this web site, each membership is automatically renewed each month and members are financially responsible for all associated renewal fees until notice of cancellation is received by 7StepDiet. All cancellations must be received one (1) day prior to the expiration of trial or membership on or before 2:00 pm PST by 7StepDiet. All fees will be charged, in U.S. dollars, to the method of payment selected by you at the time of sign-up. All fees become non-refundable upon purchase of membership. Members are liable for charges incurred by them until termination of service.

CANCELLATION: After the special offer or ITM, members are financially responsible for the monthly membership fee until they cancel. Cancellations are not retroactive therefore, if a member cancels after their membership month has begun, the member will not be entitled to a refund for that membership month. A membership month begins on the calendar date (e.g., December 15th) when a member subscribes to the 7StepDiet.com and concludes on the day before that calendar date (e.g., January 14th) the following month.

A member may cancel as follows:
By email: send an email to help@7Stepdiet.com indicating within the body of the message your intent to cancel. You must include your first and last name and user name. Please note that 7StepDiet.com will not accept or open email communications with attachments.
By certified mail: send a brief certified letter, you must include your first and last name, user name and email address (be aware that without that information we will not be able to process the cancellation) and mail it to: Restoration Media, Inc. Attention 7StepDiet, P.O. Box 10847, Newport Beach, CA 92660

INDEMNIFICATION: You agree to indemnify, defend and hold harmless Restoration Media, Inc. and its officers, directors, employees, agents, information providers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this agreement or any activity related to your account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing 7StepDiet.com using your service account.

WAIVER, RELEASE AND LIMITATION OF LIABILITY: You agree that neither Restoration Media, Inc., nor its officers, directors, employees, agents, information providers or suppliers, shall have any liability to you under any theory of liability or indemnity in connection with your use of 7StepDiet.com. You hereby release and forever waive any and all claims you may have against Restoration Media, Inc., its officers, directors, employees, agents, information providers or suppliers for losses or damages you sustain in connection with your use of 7StepDiet.com.
Notwithstanding the foregoing paragraph, the total liability of Restoration Media, Inc. and its officers, directors, employees, agents, information providers and suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of 7StepDiet.com are hereby excluded even if Restoration Media, Inc. or its officers, directors, employees, agents, information providers or suppliers have been advised of the possibility of such damages.

THIRD-PARTY RIGHTS: The foregoing provisions regarding Indemnification and Waiver, Release and Limitation of Liability are for the benefit of Restoration Media Inc. and its officers, directors, employees, agents, licensors, suppliers and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

TERMINATION: 7StepDiet.com may terminate your right to use 7StepDiet.com at any time, with or without cause, upon notice. 7StepDiet.com also reserves the right to terminate or suspend your 7StepDiet.com membership without prior notice, but 7StepDiet.com will attempt to confirm such termination or suspension by subsequent notice. The foregoing provisions regarding Limited License; Information Provided by You; Indemnification; Waiver, Release and Limitation of Liability; and Third-Party Rights, as well as the following paragraph regarding Miscellaneous Items, shall survive any termination of this Agreement.

LIMITED LICENSE: The entire contents of 7StepDiet.com are copyrighted as a collective work under the laws of United States and other copyright laws. The Company holds the copyright in the collective work. The collective work includes works that are the property of third-party information providers and which are also protected by copyright and other intellectual property laws. Subject to the terms and conditions set forth in this Agreement, the Company grants you a non-exclusive, non-transferable, limited right to access, use and display the 7StepDiet.com Web site (the "Site") and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. 7StepDiet.com authorizes you to view and download the information (the "Material") at the Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Material and copies of the Material and is subject to the following restrictions: 1. You must retain, on all copies of the Material downloaded, all copyright and other proprietary notices contained in the Material; 2. You may not modify the Material in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3. You must not transfer the Material to any other person unless you give them notice of, and they agree to accept, the obligations arising under this Agreement and you inform 7Stepdiet of such transfer granting that we permit such transfer. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including all Material, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Material. Except as expressly provided herein, the Company does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

OTHER SITES: As a convenience to you, 7StepDiet.com may provide, on the Site, links to Web sites operated by other persons or entities. If you use these sites, you will leave the Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. 7StepDiet.com makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that 7StepDiet.com or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of 7StepDiet.com, Inc. or any of its affiliates or subsidiaries.

MISCELLANEOUS ITEMS: The Site is controlled, operated and administered by 7Stepdiet.com from its offices within the United States of America. 7StepDiet.com makes no representation that materials at 7StepDiet.com are appropriate or available for use outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws. The laws of the State of California shall govern this Agreement, without giving effect to its conflict of laws provisions. A court of competent jurisdiction of Orange County shall hear any dispute, which arises from the use of this Site. The parties agree to waive their right, if any, to a trial by jury. Any cause of action you may have with respect to your use of the Site must be commenced within ninety (90) days after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Any failure by 7StepDiet.com to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. 7StepDiet.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Attorney’s Fees and Costs: You agree to pay reasonable attorney’s fees and costs incurred by Restoration Media Inc. (7StepDiet.com) in any action or proceeding brought against 7StepDiet.com by you, (the consumer, user or customer), in the event that 7StepDiet.com prevails in such claim or action.

NOTICE: 7StepDiet.com may deliver notice to you under this Agreement by means of electronic mail, a general notice on 7StepDiet.com or by written communication delivered by mail to your address on record in the Site's account information. You may give notice to 7StepDiet.com at any time via electronic mail to 7StepDiet.com or by letter delivered by certified mail or overnight courier to the following address:

Restoration Media, Inc.
Attn: 7StepDiet.com
P.O. Box 10847
Newport Beach, CA 92660