Effective Date: May 1, 2018
Published Date: April 18, 2018
This Terms of Service Agreement (“Agreement”) is a binding legal contract between you and Nutrition Coach LLC (“Nutrition Coach,” “Company,” “we,” “us,” or “our”). This Agreement applies to your use of Nutrition Coach’s products, services, content, and website located at http://nutritioncoach.com on all platforms (collectively, “Services”) as a guest visitor (“Guest”) or a registered member (“Member”). The terms “you” and “your” refer any individual using our Services as either a Guest or a Member (collectively, “User”).
Nutrition Coach offers individual coaching, group coaching, paid membership programs, free newsletter subscriptions, home study courses, books, audios, and videos on topics related to nutrition, exercise, general wellness, fitness, and weight loss, as well as other information, events, services, and products related to these topics. Nothing that Nutrition Coach offers, including all content, coaching, our Services, should be considered medical advice.
Your access to and use of our Services is conditioned upon your acceptance of and compliance with this Agreement. This Agreement apply to all Users, Guests, Members, and Customers who wish to access or use our Services. By using our Services, you accept and agree to be bound to the terms and conditions of this Agreement, whether or not you have read the Agreement. If you do not accept the terms and conditions within this Agreement, please do not use our Services.
You affirm that you are eighteen (18) years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. You also affirm that will you fully abide by and comply with this entire Agreement.
This Agreement requires the use of mediation and arbitration to resolve any disputes, rather than jury trials, and limits the remedies available to you in the event of a dispute. You fully understand and agree that by using our Services that you are waiving certain legal rights and you are voluntarily agreeing to do so.
Our Services are operated by Nutrition Coach within the United States of America. Those who access or use our Services from other jurisdictions do so at their own volition and are responsible for full compliance with their local law.
A “Guest” is someone who merely browses our Services. A “Member” is someone who has registered with our Services. The term “User” is a collective identifier that refers to either a Guest or a Member. A “Customer” is any User that has purchased any product or service from Nutrition Coach.
All text, information, graphics, design, and data offered through our Services are collectively known as our “Content”. We distinguish content that has been created and posted by our Users as “Submissions”.
ACCEPTANCE OF AGREEMENT
This Agreement is between you and Nutrition Coach.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Nutrition Coach and supersedes all other Agreements, representations, warranties, and understandings with respect to our website, Services, and the subject matter contained herein.
Our Disclaimer is considered part of this Agreement and is available on this website. You may review our Disclaimer by clicking on this link. If you do not accept and agree to be bound by all the terms of this Agreement, including the Disclaimer, do not use our Services.
GUARANTEE, REFUND, AND CANCELLATION POLICY
Our Guarantee, Refund, and Cancellation Policy is considered part of this Agreement and is available on this website. You may review our Guarantee, Refund, and Cancellation Policy by clicking on this link. If you do not accept and agree to be bound by all the terms of this Agreement, including the Guarantee, Refund, and Cancellation Policy, do not use our Services.
If you view, purchase or access our Services or any of its Content, you will be considered our Licensee. For the avoidance of doubt, Nutrition Coach grants you a nonexclusive, non-transferable, revocable license to access and use our Services strictly in accordance with this Agreement. Your use of our Services is solely for internal, personal, non-commercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
As a Licensee, you understand and acknowledge that our Services and Content have been developed or obtained by us through the investment of significant time, effort and expense, and that our Services and its Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. We clearly state that you may not use our Services or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.
When you access our Services or any of its Content, you agree that:
- You will not copy, duplicate or steal our Services or Content. You understand that doing anything with our Services or its Content that is contrary to this Agreement and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute to the full extent of the law.
- You are permitted from time to time to download and/or print one copy of individual pages of our Services or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to page on our website from which the Content was obtained.
- You may not in any way at any time use, copy, adapt, imply or represent that our Services or its Content is yours or created by you. By downloading, printing, or otherwise using our Services or its Content for personal use you in no way assume any ownership rights of the Content – it is still our property.
- You must receive our written permission before using any of our Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Content because that is considered stealing our work.
PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK
As a Licensee, you agree that you are using your own judgment in using our Services and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Services and/or any of its Content. Our Services and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Services or any of its Content.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our website, Content, Services, and any software provided therein.
OUR RELATIONSHIP TO YOU
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Nutrition Coach.
OUR INTELLECTUAL PROPERTY
Our Services may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Nutrition Coach.
Our Content (“Content”), as found within our Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Use of the Content, materials or other intellectual property from our Services for any purpose without written permission from Nutrition Coach is strictly prohibited. Your use of our Services does not grant you any ownership rights to our Content.
AVAILABILITY, ERRORS, AND INACCURACIES
We are constantly updating product and service offerings on our Services. We may experience delays in updating information on our Services and in our advertising on other web sites. The information found on our Services may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on our Services and we cannot guarantee the accuracy or completeness of any information found on our Services.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Our Services and its Content are not to be perceived as or relied upon in any way as medical advice or mental health advice. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical or psychological advice whatsoever.
The information provided through our Services or Content is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian, or any other licensed or registered health care professional.
For additional details, please read our full Medical Disclaimer by clicking on this link.
Our Services sometimes publishes content supplied by third parties, Users, Advertisers, Merchants, and Sponsors. Accordingly, Nutrition Coach has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other user of our Services, are those of the respective author(s) and not of Nutrition Coach. Nutrition Coach does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites.
You hereby acknowledge that nothing contained in Services will constitute medical, financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Nutrition Coach nor our Users. You hereby agree that you will not make any medical, financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Services.
Nutrition Coach is not responsible or liable in any manner for any Content posted on our website or in connection with our Services, whether posted or caused by Members of our website, or by Nutrition Coach. Although we provide rules for Members Conduct and postings within the Members Conduct section of this agreement, we do not control and are not responsible for what Members post, transmit, or share on our Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable Content you may encounter using our website or Services. Nutrition Coach is not responsible for the online or offline conduct of any User of our Services.
Our Services may be temporarily unavailable from time to time for maintenance or other reasons. Nutrition Coach assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.
Nutrition Coach is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Services, including, without limitation, any software provided through our Services.
Under no circumstances will Nutrition Coach be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Services, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE AND SERVICES ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
NUTRITION COACH, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. NUTRITION COACH CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. NUTRITION COACH DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND NUTRITION COACH.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
Nutrition Coach will not be held responsible or liable in any way for the information, products, services, or materials that you request or receive through or on our Services and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Services or its Content, or in any way or in any location. In the event that you use our Services, its Content, or any other information provided by us or affiliated with us, we assume no responsibility.
RELEASE OF CLAIMS
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Services and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
You agree to defend, indemnify and hold harmless Nutrition Coach and its licensee and licensors, and their partners, agents, officers, directors, members, employees, subcontractors, successors, third-party vendors, attorneys, advertisers, service providers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of our Services, by you or any person using your account and password; b) a breach of this Agreement, or c) Content posted on our Services.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
NO GUARANTEE AS TO RESULTS
As set forth more fully in both the Disclaimer and our Guarantee, Refunds, and Cancellation Policy, you agree that Nutrition Coach has not made any guarantees about the results of taking any action, whether recommended on our Services or not. The Company provides educational and informational resources that are intended to help Users of our Services succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether Customers of the Company or otherwise – applying the principles set out on our Services are no guarantee that you or any other person or entity will be able to obtain similar results.
ELIGIBILITY AND REGISTRATION FOR MEMBERSHIP
To use some of our Services, you must register to become a Member. Your membership is not transferable or assignable and is void where prohibited. Our Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Services by anyone under that age is unauthorized, unlicensed, and in violation of this Agreement. By using our Services, you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. Nutrition Coach has sole right and discretion to determine whether to accept a Member and may reject a Member’s registration with or without explanation.
You agree that the information you provide as a Member is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our Services.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in our sole discretion.
For certain levels of membership, when you complete the registration process, you will receive a username and password that will allow you to access part our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.
NEWSLETTERS AND COMMUNICATIONS
By becoming a registered User on our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send.
You understand that by entering your name and email address on the homepage and possibly other pages managed by our Services that you are subscribing to a free, no obligation email newsletter. This newsletter is offered as a complementary service by Nutrition Coach and no purchase is necessary. All newsletters include an unsubscribe link within them. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. If you have trouble unsubscribing (or subscribing), you may contact us at firstname.lastname@example.org for personal attention.
By using our Services and sharing your email address, you agree that you wish to be subscribed to our newsletter, and that you will make no threats, and take no additional action against Nutrition Coach in the event you are unhappy that you subscribed, and you agree that the small inconvenience of receiving this unwanted newsletter will cause you no personal, physical, emotional, or financial harm whatsoever. You agree that you have opted-in to receive our newsletter by providing your email address on our Services. If you need further assistance, please contact us at email@example.com
USE OF FREE DOWNLOADABLE CONTENT
Nutrition Coach provides various resources on our Services, which Users may access by providing an email address. Nutrition Coach grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of Nutrition Coach.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
If while using our Services, you wish to purchase any product or service made available (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your first name, last name, your credit card number, the expiration date of your credit card, card security code, your billing address, your shipping information, and email address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Your purchase of a product or service may or may not provide for any refund. Each specific product or service will specify its own refund policy. Please see our Guarantee, Refund, and Cancellation Policy for complete details by clicking this link.
PAID SUBSCRIPTIONS AND MEMBERSHIPS
Some parts of our Services are fee-based and are billed on a subscription basis (“Subscriptions”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Nutrition Coach cancels it. You may cancel your Subscription renewal either through your online account management page or by emailing firstname.lastname@example.org to have the Nutrition Coach customer support team cancel it for you.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Nutrition Coach with accurate and complete billing information, valid payment method information, and email address. By submitting such payment information, you authorize Nutrition Coach to charge all Subscription fees incurred through your account to any such payment instruments.
In the event that automatic billing fails any reason, Nutrition Coach will email an electronic invoice to provide valid payment information by a specified date so that full payment for the Billing Cycle can processed.
Nutrition Coach may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Nutrition Coach until the Free Trial has expired. At the end of Free Trial period, unless you cancelled prior to that time, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Nutrition Coach reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Nutrition Coach, in its sole discretion and at any time, may modify the prices or fees for any service, program, or Subscription. Any Subscription fee change will become effective at the beginning of the next Billing Cycle.
Nutrition Coach will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of our Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Your free membership or paid Subscription with us is effective until terminated by us or cancelled by you.
We may terminate or suspend your account and bar access to our Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Agreement.
Your rights under this Agreement will terminate without our notice if you fail to comply with any term of this Agreement. Upon termination by Nutrition Coach, you will stop representing yourself as a registered Member or Subscription Customer. Upon termination by Nutrition Coach, you must delete or destroy any information or Content (including all copies) obtained from our Services. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIALS
The Company from time-to-time provides various products, courses, coaching programs, Subscriptions, and associated materials for sale on our Services. Nutrition Coach grants you a limited, personal, non-exclusive, non-transferable license to use our products, courses, coaching programs, Subscriptions, and associated material (collectively the “Courses”) for your own personal use.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
The Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise, promote, or offer to sell or buy any goods or services for any business purpose or competing services, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Nutrition Coach has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any Personal Data about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Our Communication Services may allow Users to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Submissions”). You are responsible for the Submissions that you post on or through our Communication Services, including its legality, reliability, and appropriateness. We take no responsibility and assume no liability for Submissions you or any third-party posts on or through our Communication Services.
By posting Submissions on our Communication Services, you represent and warrant that: (i) the Submissions are yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in this Agreement, and (ii) that the posting of your Submissions on or through our Communication Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
Users understand that by using our Communication Service, they may be exposed to Submissions that are possibly offensive, indecent, or objectionable. We have no control over Submissions and do not in any way guarantee its quality, accuracy, or integrity. Nutrition Coach is not responsible for the monitoring or filtering of any Submissions, although it does have the right to review, edit, and delete all Submissions provided by Users. Should any Submissions be found illegal, Nutrition Coach will submit all necessary information to relevant authorities.
If any Submissions is reported to Nutrition Coach as being offensive or inappropriate, we may ask the User to retract or otherwise modify the questionable content within 24 hours of being notified by Nutrition Coach. If the User fails to meet such a request, Nutrition Coach has full authority to restrict the User’s ability to post Submissions or to immediately terminate the User’s membership without further notice to the User. Without limiting the foregoing, we have sole discretion to remove any Submissions, without notice, at any time, that violates this Agreement or that is otherwise objectionable in our sole discretion. Users are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Users will respect copyright and trademark laws.
You warrant that you will not use our Communication Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a User, you agree that you will not use our Services or its Content in any of the following ways:
Upload, post, or otherwise transmit any Submissions that:
- Violates any local, state, federal, or international laws
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
- Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
- Links directly or indirectly to any materials to which you do not have a right to link
- Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services
- Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- Is objectionable (In the sole judgment of Nutrition Coach) or restricts or inhibits any other person from using or enjoying our or Services, or which may expose Nutrition Coach, our affiliates, or our Users to any harm or liability of any type
Use our Content to:
- Develop a competing website
- Create compilations or derivative works as defined under United States copyright laws
- Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
- Decompile, disassemble, or reverse engineer our website, Services, and any related software
- Use our Services in any manner that violates this Agreement or any local, state, federal, or international laws
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
LINKING TO OUR SERVICES
You may provide links to our website and Services provided that (a) you do not remove or obscure any portion of our website or Services by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.
LINKS TO EXTERNAL WEBSITES
Our Services may from time to time contain links to third-party websites. Inclusion of links for any website on our Services does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Testimonials (“Testimonials”) are all true and reflect the personal opinions and individual experiences of: (i) real Customers using one or more of our Courses, Subscriptions, and coaching services, (ii) professional colleagues of Nutrition Coach, (iii) former Customers of any coach who currently or previously works for Nutrition Coach, or (iv) Users of Nutrition Coach’s Services. They are submitted to Nutrition Coach voluntarily by Customers and Users are not necessarily typical results. Unlike other Submissions, if you would like to submit a Testimonial to Nutrition Coach, then you agree that it becomes the exclusive property of Nutrition Coach, which for example includes the rights to reproduce, edit (for length but not general content), and/or publish the Testimonial, which may include your name and city/state/country of residence. Some Customers that have submitted Testimonials may have received Nutrition Coach products or services as a “thank you” in appreciation for the time they invested to write or record their testimonials.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
You should assume Nutrition Coach may have affiliate relationships and/or another material connection to any suppliers of goods and services that may be discussed on our Services, and Nutrition Coach may be compensated for promoting or recommending products or services, or linking to the supplier’s website.
JURISDICTION AND GOVERNING LAW
This Agreement will be treated as if it were executed and performed in Milwaukee, Wisconsin, and will be governed by and construed in accordance with the laws of the state of Wisconsin without regard to conflict of law provisions.
To the extent you have in any manner violated or threatened to violate intellectual property rights of Nutrition Coach and/or its partners and affiliates, we may seek injunctive or other appropriate relief in any state or federal court in the State of Wisconsin, and you consent to exclusive jurisdiction and venue in such courts.
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled be with mediation or arbitration.
If a dispute arises under this Agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Milwaukee, Wisconsin. Any costs and fees with the mediation itself, other than attorney fees, will be shared equally by each party. Before requesting any mediation, you must first submit a detailed explanation of your concerns to Nutrition Coach via email in an attempt to resolve the problem prior to resorting to mediation.
By agreeing to this Terms of Service Agreement, you are also agreeing to a modification of the statute of limitations such that any mediation must be commenced within one (1) year of the date of the act, omission, or other conduct complained as submitted by you in email, or it shall be forfeited forever.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in the following location: Milwaukee, Wisconsin. Any such controversy or claim will be arbitrated on an individual basis under the commercial rules of American Arbitration Association and will not be consolidated in any arbitration with any claim or controversy of any other party. Losing party will be responsible for all of the arbitration fees and costs. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.
SERVEABILITY AND SURVIVIAL
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
CHANGES TO OUR TERMS OF SERVICE AGREEMENT
We reserve the right, at our sole discretion, to modify or replace this Terms of Service Agreement at any time. You are advised to review this Terms of Service Agreement periodically for any changes.
We will also notify members via email and/or a prominent notice on our Services, prior to the change becoming effective and update the “effective date” at the top of this Terms of Service Agreement.
Changes to this Terms of Service Agreement will become effective 14 days after they are publicly published on this page. We will update the “published date” at the top of this Terms of Service Agreement when a new Terms of Service Agreement is posted.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms of Service Agreement. If you do not agree to the new Agreement, you are no longer authorized to use our Services.
If you have any questions about this Agreement, please contact us.
Nutrition Coach LLC
4230 East Towne Blvd
#329 Madison, WI 53704
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This Terms of Service is protected under United States and foreign copyrights. All Rights Reserved. The copying, redistribution, use or publication by you, is strictly prohibited.
The language within this Terms of Service Agreement was written by several different authors and portions have been licensed by Thom Quinn and/or Nutrition Coach. The original authors retain their respective copyrights for the sections they wrote.