Terms and Conditions (Terms of Use): You should carefully read the Terms and Conditions (Terms of Use) before using the Energy Diet Book web site or downloaded information or products . By using the Energy Diet Book web site or downloaded information or products, you are indicating that you agree to be bound by these Terms and Conditions (Terms of Use.) This is a legally binding agreement. If you do not agree with the Terms and Conditions (Terms of Use) you should not use The Energy Diet Book web site or download any information or products.

1. Karen E. Smith agrees to provide you access to The Energy Diet Book web site, information and products in accordance with the Terms of Use.

2. You agree to use The Energy Diet Book web site, information and products in a manner consistent with any and all applicable rules and regulations.

3. You accept that The Energy Diet Book web site, information and products are provided on an "as is, as available" basis.

4. All articles, material, information and products made available through the Energy Diet Book web site are for INFORMATIONAL PURPOSES ONLY and are not to be considered as substitutes for professional advice or recommendations.

5. Karen E. Smith may for marketing purposes collect, process and transmit data obtained from and about you in the course of your access to the Energy Diet Book web site and/or downloaded products.

6. You are authorized to download ONE (1) copy of the material available from the Energy Diet Book web site on ONE (1) computer for your personal, non-commercial use only, but you may not in so doing remove, use, or amend any trademark, copyright or other proprietary notice.

7. Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on The Energy Diet Book web site, or information and products made available via The Energy Diet Book web site without prior consent in writing from the Author, Karen E. Smith or the Publisher, K.E.S. Books. No intellectual property or other rights shall be transferred to you.

8. To the extent that portions of the Energy Diet Book web site (such as "Blogs" or "Articles") may provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT WE MAY NOT ALWAYS GET A CHANCE TO SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we exclude all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on The Energy Diet Book web site.

9. To the fullest extent permitted by applicable laws, we on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising, including without limitation any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this our site or any web site with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.

10. We reserve the right to monitor all materials posted on the Energy Diet Book web site (“Postings”) and to remove any which we consider in our absolute discretion to be offensive or otherwise in breach of these Terms of Use.

11. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any proprietary or other rights of third parties.

12. Where we may provide hypertext links to other sites we do so for information purposes only, and such links are not endorsements by us of any products or services in such sites and we accept no liability nor make any endorsement or approval of the same.

13. This Legal Document contains the entire understanding between us with respect to the Energy Diet Book web site and no representation, statement, inducement oral or written, not contained herein shall bind either of us, so please make sure you read and understand the terms within this entire legal document.

14. Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.

15. This Agreement is governed by the laws of the State of Illinois, without regard to principles of conflict of laws.

To the extent you have in any manner violated or threatened to violate Karen E. Smith's intellectual property rights, Karen E. Smith may seek injunctive or other appropriate relief in any state or federal court in the State of Illinois, and you consent to exclusive jurisdiction and venue in such courts.

Copyrights and Trademarks: The Information on the Energy Diet Book web site is copyrighted materials of Karen E. Smith. The Copyrighted documents, information and graphics contained on this web site may not be reproduced, distributed or copied in any way, including but not limited to, e-mail, newsgroups, or reprinting, without prior written permission from Karen E. Smith, author and webmaster of the Energy Diet Book and the Energy Diet Book web site, respectively. Any violator will be subject to the maximum fine and penalty imposed by law.

Limitation of Liability: Information and any software or downloads available from the Energy Diet Book web site is provided "As is", without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Karen E. Smith, the author and webmaster of the Energy Diet book and The Energy Diet Book web site, respectively, entire liability, and any customer's exclusive remedy, shall be a refund of the paid price.

Information in the material downloaded from the Energy Diet Book web site and material found on the Energy Diet web site may contain inadvertent technical inaccuracies or typographical errors, even though extra effort was made to be as accurate as possible. Changes or improvements may be made by the Author or Webmaster of to the products, information or offers available on the Energy Diet Book web site at any time without notice.

Neither the Author nor the Webmaster of the Energy Diet book and The Energy Diet Book web site, respectively, make no representations or warranties whatsoever about the external hyperlinks made available via the products or web site to 3rd party sites. Neither the webmaster nor the author endorse any of the 3rd party sites made available from this site or from the Energy Diet Book products and advise you to use your own discretion and the necessary precautions when accessing these 3rd party sites. It is ultimately your responsibility to protect yourself, your information and your systems from viruses, worms, spy ware, Trojan horses, and other items of a destructive nature.

In no event will Karen E. Smith be liable to you or any other third party for any direct, indirect, special or other consequential damages for any use of the Energy Diet Book web site, products or information, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if expressly advised of the possibility of such damages.