Terms and Conditions

TERMS OF USE
Use of the Website signifies your consent to be bound by the terms of use. PLEASE READ THEM CAREFULLY. If you do not agree with all the Terms of Use, you may not use the Website. You should check the Terms Of Use periodically for changes, as you are deemed to have accepted those changes, whether or not you have reviewed them. By using the Website, you agree to be legally bound by the terms and conditions provided herein, including any future amendments with the same effect as if you had lawfully signed an agreement to do so.

SmartCalorie Power Inc. operating under the Trademark and Trade Name The 90 Calorie Deal TM and the Service Providers collectively referred to as the “Service Providers”, reserves the right to terminate your access to this site in any one or more of the following circumstances:

i) If you do not comply with the Terms of Use
ii) If the Service Providers discontinue, alter or modify any aspect of this site, which may be done without prior notice to you.

You agree that no person, or Corporation affiliated with this Website shall be liable to you or any Third Party for any termination of your access to this Website or any part of it.


Content Use
The Website, and any of its content on or available through the Website, including without limitation, text, graphics, images, software, audio, video, information, data, materials, products and services collectively referred to as “Content” is owned and or controlled by Service Providers.

The Service Providers authorize you to view or download on one computer a single copy of the material for your personal, non-commercial use. You may not remove or obscure any copyright or Trademark notice contained on the Content not expressly permitted by the Terms of Use, or use any of the Content for non-authorized purposes.


Contravention of Permitted Use
Any contravention of the permitted use of the Content or any part of it, shall constitute a serious breach, which may be actionable, which will subject you to immediate cancellation of access to or use of the Website Content, and will trigger where applicable an application to the Courts for injunctive relief.


Non-Medical Advice
The Content of this Website is for informational purposes only. Topics that relate to health are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding your health or a medical condition, before you start a weight loss and or exercise program. Never disregard professional medical advice or delay in seeking it because of something contained or read on this Website. If you think you my have a medical emergency, seek appropriate help by calling your doctor, or 911 immediately. Reliance on any information provided on this Website is solely at your own risk. Individual results that a person may achieve vary with the individual, and their individual physical health and predisposition.


Registration and Passwords
There is no cost to access the Website as a visitor, and in that capacity you will not be required to provide personally identifiable information. However, to access certain services and the Content on the Website, you will be required to become a registered user of the Website. When registering, you must provide truthful information and you shall not use aliases or other means to mask your true identity. Upon successful registration, you may be issued an ID Number and or a password. The ID Number and password provided should be safeguarded by you at all times. You are responsible for the security of your ID number and password, and will be solely liable for any use or unauthorized use under such ID Number and password.

Registration Costs - (all Funds in Canadian Currency)
The current cost of the 90 day program exclusive of applicable taxes is $90.00 non-refundable.

Upon the expiration of 90 days, to keep you on track, your subscription will continue (unless a cancellation notice has been activated) at a charge of $17.00 per month.

Refunds and Cancellation

When you complete your registration and submit your payment information, you will have access to the members only site once your payment information has been approved. No refunds are granted. After the 90 day period is over, your subscription will automatically renew every month. No refunds are granted once your new billing period has begun.

You can cancel your subscription at any time. We require 5 business days in order to process your account. When you cancel, you will continue to have full access to the site until the end of your current membership term, and your credit card will not be charged again.

To cancel your subscription, log on to the members page, click on My Account and deactivate the recurring payment button. Or contact us at This email address is being protected from spam bots, you need Javascript enabled to view it and we will process your cancellation request. If you cancel near the end of your billing period and are inadvertently charged for the next period's fee, contact us at This email address is being protected from spam bots, you need Javascript enabled to view it and the charge will be reversed. If you use our program during that next period, you will not be entitled to a refund.

Once you have canceled your registration, you may activate it online (providing your cancellation was not for breach of the Terms of Use), by following the instructions on the confirmation email you will be receiving or by following cancellation instructions online.

Parental or Guardian Consent
Not all of the Content of the Website is appropriate for children. Children under the age of 13 are not permitted to use the Website. It is strongly recommended that children between the age of 13 and 18 obtain their parent’s or guardian’s consent before viewing the Website.


Limitation on Liability of the Service Providers and it’s Licensors
When using the Website, information will be transmitted using a medium that is beyond the control and jurisdiction of the Service Providers, it’s Licensors and Suppliers. Accordingly, the Service Providers and it’s Licensors assume no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Website.

This Website and the Content are provided on an “As Is” basis. The Service Providers, it’s Affiliates, Licensors and Suppliers, to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, title, non-infringement of Third Parties’ rights, and fitness for a particular purpose. The Service Providers, it’s Affiliates, Licensors and Suppliers also make no representations or warranties as to whether the information accessible via this Website, or any Website with which it is linked, is accurate, complete or current.

It is your responsibility to assess and evaluate the accuracy and completeness of all information, opinions and other material on the Website or any Website with which it is linked.

Without limiting the foregoing, the Service Providers and it’s Affiliates, Licensors and Suppliers make no representations or warranties about the following:

A. The software, graphics, text, links or communications provided on or through the use of the Website or related material from the Service Providers, it’s Affiliates, Licensors and Suppliers.

B. The satisfaction of any governmental regulations requiring disclosure of information on products with regards to the Content contained on this Website.

In no event shall the Service Providers, it’s Affiliates, Licensors and Suppliers, or any Third Parties referenced on the Website be liable for any damages including, without limitation, incidental and consequential damages, personal injury, wrongful death, loss of profits, or damage resulting from lost data or business interruption, resulting from the use or inability to use the Website or the Content, or damage to your computer system due to viruses or other defects, whether based on warranty, contract, tort or any other legal premise, whether or not the Service Providers are advised of the possibility of such damages, and or it results from any breach by you of the Terms of Use. Any claims arising in connection with your use of the Website must be brought within one (1) year of the date of the event giving rise to such action. Remedies under the Terms of Use are exclusive, and limited to those expressly provided for in the Terms of Use. Some jurisdictions may not allow exclusions of certain warranties or the limitation or exclusions of liability for incidental or consequential damages. Accordingly, some of those limitations may not apply to you.


Unauthorized Access, Use or Abuse
You agree not to attempt to gain access to the Website without authorization or to any restricted portions of the Website. Further you agree not to interfere with the performance of the Website, exceed the permitted use, attempt to access any other user’s data or in any way compromise any aspect of the Website. Without restricting the generality of the foregoing, you may not use spiders, robots or other automated data mining techniques to download, catalogue, store or otherwise reproduce, store or distribute the Content available on the Website. You may not take any action to interfere with the Website or any other user’s use of the Website, including, mail-bombing, or crashing the Website. You may not send unsolicited e-mail, including promotions and/or advertising of products and service through the Website or forge or mask your true identity in any e-mail or posting. You may not frame any portion of the Website with another Website or establish links from other Websites to any page of the Website other than the home page without the prior written consent of the Service Providers.


Submissions by Users
If you voluntarily, whether at our request or on your own send, e-mails, post or otherwise transmit to us or this Website, information, photos, video, software, graphics, music, sounds, questions, suggestions, comments, messages, feedback, recipes, ideas, drawings, articles, stories about yourself or weight loss, or other materials collectively, the “Submissions”, they shall be deemed, and shall remain our property. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any of the Submission. You acknowledge that the Service Providers, and their Licensors, Successors and Assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.


Copyright and Trademark Complaints
We ask our users to respect the intellectual property of others, as we do. We reserve the right in the appropriate circumstances and in our sole discretion to terminate the rights of any user to use our Website or any part of it, who infringes the intellectual property rights of others.


Links
The Terms of Use incorporated in this Agreement apply only to this Website, and not Websites of any other person or entity. We or Third Parties may provide links to other worldwide Websites or resources. You acknowledge and agree that we are not responsible for those other sites or resources and do not endorse any content, advertising or other materials that my be available. You acknowledge and agree that under no circumstances will we be held liable or responsible directly or indirectly for any loss, or damage caused or alleged to have been caused to you in connection with your use of, reliance on, any content, product, advertisement, or other resource available on any other Website whether or not it is linked with our Website. You should direct your concerns with any other Website to it’s administrator or Webmaster.


Indemnification
You agree to indemnify us and at our option defend us, our Affiliates, Licensors and their officers, directors, employees, agents and representatives from any and all Third Party claims, liabilities, damages and costs including but not limited to reasonable solicitor fees and expenses, arising from your improper us of this Website or our product offerings or any intellectual property.


Severability
If any term or provision herein is held to be invalid or unenforceable by a court of competent jurisdiction, then to the extent necessary, the offending provision or part thereof shall be severed from this Agreement, and the remaining terms and conditions shall be fully enforceable.


Governing Laws
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia. You agree that any action at law or equity arising out of or relating to your use of this Website or this Agreement shall be filed only in the Province of British Columbia, Canada, and you hereby consent and submit to the jurisdiction of the applicable Courts of the Province of British Columbia for the purpose of litigating any such action.


Assignment
We may assign our rights and obligations under this Agreement and it will inure to the benefit of our Successors, Assigns and Licensees. The failure of any party to insist upon or enforce the strict performance of the other party with respect to any provision herein, or to exercise any rights under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance.


Complete Agreement
Except as otherwise provided the Terms of Use herein constitute the entire Agreement between you and the Service Providers with respect to the use of this Website and the Content. Any special rules for the use of certain software and other items provided on the Website or may be included elsewhere within the Website are incorporated into theses Terms of Use by reference.


Privacy Policy:
Your use of the Website is also subject to the Service Providers Privacy Policy.