• Terms and Conditions of Use
• Digital Millennium Copyright Act

Terms and Conditions of Use

Welcome to the Medifast Web site ("Site"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. Your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement").

1. ACCEPTABLE USE POLICY
By using the Site, you agree to comply with this Policy and to indemnify Medifast against any claims by third parties arising from your violation of this Policy. In general, you must exercise judgment and responsibility with respect to your use of our Site. You may only use the Site for lawful purposes and may not use the Site to harm others. Without limiting the generality of the foregoing, you may not:
·    Use the Site in violation of any law or regulation governing Medifast’s business or activities, including without limitation the laws and regulations governing unfair competition, false advertising, consumer protection, obscenity, spamming, and privacy.
·    Use the Site in a manner that infringes another’s copyrights, patents, trademarks, service marks, trade names, trade secrets or other intellectual property rights, or rights of publicity.
·    Use the Site to engage in libel, defamation, harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or wrongful publication of private information.
·    Post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, profane material, hate speech, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
·    Use the Site in a manner that presents a security risk or that may interfere with the operation of the Site.
·    Use the Site to gain illegal or unauthorized access to other computers or networks through hacking or other means.
·    Introduce viruses, trojan horses, worms, or other computer programming routines that damage, interfere with, intercept, or expropriate any system, data, or personal information.
·    Assist or permit any person to engage in any of the activities described above.

2. MEDIFAST'S COMMUNICATIONS TO YOU
You agree that Medifast may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Medifast's products or services, or for such other purpose(s) as Medifast deems appropriate.

3. POSTINGS
Medifast may from time to time monitor, review, and at its discretion edit or delete discussions, chats, and postings on our Site; however, Medifast is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality or inaccuracy contained in any information transmitted to any such locations on our Site. Medifast will cooperate with law enforcement or a court order requesting or directing Medifast to disclose the identity of anyone posting any information or material prohibited by this Policy. Medifast may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Medifast, its clients, or the public.

4. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Medifast on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site or otherwise (collectively, "Comments") shall be and remain Medifast's property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Medifast of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Comments. Thus, Medifast will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Medifast is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any Comments.

You agree that Medifast may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site contests, promotions, and/or requesting promotional information or product updates, you agree that Medifast may use your information for marketing and promotional purposes.

5. SITE CONTENT
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, testimonials, program guides and manuals, menus, and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, and/or other intellectual property owned, controlled, or licensed by Medifast, Inc., and/or its subsidiaries and their affiliates (collectively, "Medifast"). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Medifast. MEDIFAST, MEDIFAST.COM, MYMEDIFAST, MEDIFAST WEIGHT CONTROL CENTERS, TAKE SHAPE FOR LIFE, and all other Medifast trademarks appearing on this Site are trademarks of Medifast.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise or services from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

6. TERMINATION
This Agreement is effective unless and until terminated by either you or Medifast. You may terminate this Agreement at any time. Medifast may terminate this Agreement at any time without notice and deny you access to the Site, if in Medifast's sole discretion you fail to comply with any term or provision of this agreement. A termination by Medifast under the previous sentence shall not limit Medifast’s other rights and remedies available under law or equity. Upon any termination of this agreement by either you or Medifast, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under this agreement or otherwise.

7. GENERAL
We may change, move, or delete portions of, or may add to, our Site from time to time and without notice. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions. We may correct errors, inaccuracies, or omissions and change or update information at any time without notice.

8. LINKS TO OTHER SITES
For your convenience and enjoyment, our Site may provide links to web sites that are not operated by Medifast. These links do not mean that Medifast endorses, approves, or sponsors the linked site or any information, products, or services contained in such site, nor is Medifast liable for any damage that might result from your use of such information, products, or services.

9. SEVERABILITY
If any provision of this agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

10. NO WAIVER
A failure on the part of Medifast to enforce any part of this agreement shall not constitute a waiver of any of Medifast’s rights under this agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of Medifast shall have legal effect.

11. DISCLAIMER
This site and all contents of the site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all servicing or repairs of any equipment you use in connection with your use of our site, and that Medifast shall not be liable for any damages of any kind related to your use of this site.

12. MISCELLANEOUS
Unless otherwise specified and except to the extent Medifast products or services are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Medifast's products and services available in the United States and select foreign markets. This Site is controlled and operated by Medifast from its offices in Owings Mills, Maryland.

This Agreement shall be construed in accordance with the laws of the State of Maryland, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in Baltimore County, Maryland.

Rev 1/08

Digital Millennium Copyright Act

THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF MEDIFAST, INC. WITHOUT ADVANCE NOTICE. YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act.

Please refer to the following detailed instructions which must be followed to protect your rights under the Digital Millennium Copyright Act.

Infringement Notification
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Your communication must include substantially all of the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identify in sufficient detail the location of copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3. 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.

4. 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.

5. The following statement: "I have 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."

6. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Send the written communication to:

Medifast, Inc.
Attn: General Counsel
11445 Cronhill Dr
Owings Mills, MD 21117

Counter Notification
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format:

Your communication must include the following:
1. A physical or electronic signature of the subscriber.

2. 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.

3. A statement under penalty of perjury that 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.

4. Your name, address, and telephone number

5. The following statement: "I consent to the jurisdiction of Federal District Court for the judicial district in which the your address is located, (or Nevada if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

6. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

Send the written communication to:

Medifast, Inc.
Attn: General Counsel
11445 Cronhill Dr
Owings Mills, MD 21117

Account Termination
Medifast, Inc. will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact the Medifast, Inc. DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.