1. OVERVIEW OF THESE TERMS
BY USING THE SERVICE, OR ANY OF THE FEATURES, FUNCTIONALITIES, SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE WEBSITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREED TO THESE TERMS AND EXPRESSLY AGREE THAT THEY FORM A BINDING CONTRACT BETWEEN YOU AND NUTRINET LLC.
Modifications to these terms: NutriNet LLC reserves the right, at our discretion or due to developments, to amend, change, review, or modify a portion or whole of these terms of service from time to time (with or without notice to you). If you will be notified of any modification, it will be communicated to you via your e-mail address as submitted when you purchase from us or contact us. Also, any modification to these terms will take effect by posting the modified portion to this page and updating the Last Updated date above. You are obligated to frequently review these terms to watch out for modifications to them.
Modification to our Services: In like manner, we reserve the right to modify or change a portion of any of our Services, including without limitation, changing the prices of the items and modifying or introducing a feature on the Website. If we change the cost of any item, such a price will not affect you if you have already placed an order for such an item prior to the changes.
3. USER REPRESENTATIVES AND WARRANTIES
By using our Services, you represent to us that:
- You are of legal age (usually 18 in most countries) or that your use of our Services is with the help of a parent/legal guardian (if you are below the legal age of majority);
- You can be bound by these terms;
- Your use of our Services does not violate any relevant law or regulation of your location;
- The information you have submitted or will submit regarding your order is or will be accurate and complete; and
Furthermore, you warrant to us that we have the right to rely on the payment information you submitted or will submit and that we may also send you notices regarding your membership via your e-mail address, including but not limited to, for surveys, reviews, and follow-up chats regarding the membership.
You hereby agree that any agreement, notice, disclosure, or other communications that we send to you via electronic means will satisfy any legal communication requirements.
Some portions of this Website require you to create an account and associated log-in credentials. You may not be able to access certain Content or features, functionalities, or services of NutriNet LLC, without creating and logging into such an account. You agree to provide true, accurate, and current information when creating an account, and you are responsible for updating your account information as needed to ensure it remains current. You are responsible for maintaining the confidentiality of your log-in credentials, and you hereby acknowledge and agree that you are responsible for all usage and activities that occur under your account, whether authorized by you or not.
You agree to notify NutriNet LLC immediately if you know of or suspect any unauthorized use of your account or password or any other breach of security related to your account. Notwithstanding anything to the contrary in these Terms, NutriNet LLC reserves the right to deny the creation of, suspend access to or terminate any account(s), or to remove or modify Content, features, functionalities, and/or services available to the account holders, at any time in its sole discretion and without prior notice or liability to you.
5. ACCESS and use
All materials contained in this Site are protected and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your use, and you must keep all copyright and other proprietary notices attached to the downloaded material.
You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent, or other automatic devices, program, algorithm, or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches, or monitor any portion of the Website.
The reproduction, duplication, distribution (including by way of e-mail, facsimile, or other electronic means), publication, modification, copying, or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of NutriNet LLC or unless this Site expressly permits it. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material, or stills from audiovisual material available on this Site. Using materials from this Site on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting NutriNet LLC in writing to e-mail at email@example.com.
You agree that any Message whatsoever submitted by you becomes the property of NutriNet LLC and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed, or deleted as NutriNet LLC sees fit.
Any unauthorized use by you, or otherwise under your account or on your computer or personal device, any portion thereof will immediately terminate the limited rights granted to you under these Terms, and such termination will be without prejudice to any other right or remedy NutriNet LLC may have under applicable law or in equity.
6. fitness program payment
To purchase a fitness program on the Website, you must provide certain personal information, including billing information, and your preferred fitness program will be made available to you. A notice of order approval will be forwarded to your e-mail address if we approve the order. We reserve the right to cancel your order at any time if your payment obligation has not been met or you violate any provision under these terms.
By purchasing any of our membership plans for any item via the Website, you hereby agree to these terms and any other additional terms of service attached to that item.
Pricing: The membership plan on this Website is available in United States Dollars (USD).
7. program fee increase
We review our fees periodically, and we reserve the right to change them. If we increase the fees, we will provide notice of the increase by post, e-mail, or SMS to the addresses provided by you in the Registration Form. Following such notice, you authorize us to increase any direct debits to your credit card or bank account, which you have authorized upon joining. We will not use this right to vary the terms on any special offer which applies to you. If you do not wish to accept an increase, you may terminate this Agreement.
8. money-back guarantee
If a client is unsatisfied with their program, the client can request a refund within 15 days after receiving their customized program and receive a refund of 100% of the fees paid to NutriNet. The money-back-guarantee only applies to the first-time user of the service; the Client cannot request a refund more than once.
NutriNet reserves the right to reject a refund request at its discretion for any reason whatsoever.
The client can also request a refund and cancel their Fitness coaching appointment at least 12hours prior to the commencement of the appointment.
10. NO-SHOW/RESCHEDULING POLICY
NutriNet LLC reserves the right to cancel or reschedule an appointment and Client orders at any time.
The client can reschedule their appointment with NutriNet LLC 12 hours prior to the appointment, and such an appointment can only be rescheduled to a date within the next 48 hours. If the Client refuses to show up to the appointment without prior notice, NutriNet will send an assessment document to the Client via e-mail or any digital form. Suppose within three business days, the Client does not return the assessment document to NutriNet. In that case, the order will be canceled automatically and the Client to be refunded the full amount paid.
11. program recordings
Programs that take place may be recorded by NutriNet LLC (“Recordings”). We value Clients, and our use of Recordings is minimal. Specifically, Recordings are in certain conditions, as determined by NutriNet LLC, are used in order to allow them to review the Recording to improve their program or instruction.
In addition, NutriNet LLC may use Recordings to provide and improve our Services for customer support and compliance purposes. In certain conditions, NutriNet LLC may ask to use Recordings for other business purposes or marketing initiatives. However, we will always only use Recordings with your express consent.
12. fitness program termination
In addition to any other method of termination or suspension provided for in these Terms and Conditions, NutriNet LLC reserves the right to terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. Further, you agree that NutriNet LLC shall not be liable to you or any third party for any termination or suspension of your access to the Site or any part thereof, removal of Content. Any such termination, suspension, or cancellation shall not affect any right or relief to which NutriNet LLC may be entitled at law or in equity. Upon any such termination, suspension or cancellation, you shall terminate all use of the Site, the Services, and any Content, and you will not be entitled to any refund of any fees or other charges, if any, paid in connection with such use.
13. RIGHT OF EXCLUSION
We can refuse entry to your membership area, cancel your membership, and/or terminate this Agreement without warning or notice for inappropriate, threatening, or harassing behavior, damaging equipment or facilities, intoxication or use of illegal or performance-enhancing drugs or discrimination in NutriNet LLC. No refunds will be issued.
14. RESTRICTIONS ON USE OF SITE CONTENT
All content and materials contained in this Site or made available through the Service (“Content”) are protected by United States and international trademark and copyright laws, are owned or controlled by NutriNet LLC, and must only be used for certain approved purposes as established by NutriNet LLC. You may only view or download Content from this Site for your own use or as otherwise expressly authorized by NutriNet LLC.
No Reproduction / Distribution
The reproduction, duplication, distribution (including by way of e-mail, facsimile, or other electronic means), publication, modification, copying, or transmission of material available on or through this Site or the Services is STRICTLY PROHIBITED without the prior written consent of NutriNet LLC or unless expressly permitted by this Site or the Services. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site by NutriNet LLC. The copying posting, linking, or other use of Content from this Site or the Services on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site or the Service can be made by contacting NutriNet LLC in writing at the address listed below.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) of NutriNet LLC or any third party displayed on the Site or on content available through the Site may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third-party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited
Third Party Rights
Trademarks, service marks, logos and icons owned by third parties are the property of those respective third parties. NutriNet LLC and affiliates do not warrant or represent that your use of the Content will not infringe the rights of third parties.
15. HEALTH DISCLAIMER
NutriNet LLC is not a health care or medical provider. The features, functionalities, services and Content made available therein, including without limitation any advice, information, workouts, exercises, regimens, nutritional plans, recipes or other materials (collectively, the “Fitness Features”), are provided for general informational purposes only, and do not constitute medical advice.
NutriNet LLC is not liable or responsible for any consequences of you having read, used or relied upon any Fitness Features. By using any Fitness Feature, you acknowledge and understand that it may involve or provide information regarding strength, flexibility, aerobic, cardio, meditation, regeneration or other exercises, all of which can be potentially hazardous activities. You should consult with your doctor prior to using any Fitness Feature. Choose to use any Fitness Features. You should be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of using such Fitness Features. You hereby assume all risks associated with using such Fitness Features. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS, OR DISCOMFORT WHEN USING ANY FITNESS FEATURE, STOP AND CONSULT YOUR PHYSICIAN OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY.
16. GENERAL DISCLAIMER
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OUR SERVICE IS AT YOUR SLE RISK THAT THE SERVICE, AND ALL ASPECTS THEREOF, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NutriNet LLC MAKES NO REPRESENTATIONS OR WARRANTIES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (1) WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES THAT THE DIGITAL PROPERTIES WILL MEET YOUR REQUIREMENTS, OR OPERATE WITH THE DEVICES, HARDWARE OR SOFTWARE YOU USE; OR (3) WARRANTIES THAT YOUR ACCESS TO AND USE OF THE DIGITAL PROPERTIES WILL BE AVAILABLE, UNINTERRUPTED, CURRENT, OR FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
17. LIMITATION OF LIABILITY
ON NO CIRCUMSTANCES SHALL NutriNet LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR (I) ANY LOSS OR DAMAGES YOU MAY SUFFER DUE TO BREACHES THAT WERE NOT CAUSED BY US, (II) ANY LOSS OF DATA, GOODWILL OR OTHER LOSSES, (III) INDIRECT OR CONSEQUENTIAL LOSSES THAT WE OR YOU WAS NOT ABLE TO FORESEE WHEN YOU STARTED USING OUR SERVICES.
FURTHERMORE, NutriNet LLC SHALL NOT BE LIABLE FOR ANY FAILURE OF DELAY TO PERFORM OUR OBLIGATIONS AS DESCRIBED UNDER THESE CONDITIONS IF SUCH FAILURE OR DELAY IS AS A RESULT OF CIRCUMSTANCES WHICH ARE BEYOND OUR REASONABLE CONTROL SUCH AS SEVERE WEATHER CONDITIONS, INTERNET BREAKDOWNS, WAR, ACTS OF GOD, GOVERNMENT EMBARGO, AND WEBSITE MAINTENANCE. HOWEVER, THIS DOES NOT AFFECT YOUR LEGAL RIGHTS REGARDING THE RIGHT TO RECEIVE YOUR ORDERED ITEMS OR GET A REFUND WHERE APPLICABLE.
CERTAIN STATE/COUNTRY LAWS DO NOT PERMIT SOME OR ALL OF THE LIMITATIONS STATED ABOVE. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold NutriNet LLC harmless from and against any and all claims, liabilities, losses, damages, demands, complaints, actions, judgments, settlements, fines, penalties, costs, and expenses (including without limitation reasonable attorneys’ fees), arising out of or in connection with: (1) your access to and/or use of the Digital Properties or any portion thereof; (2) your User Content, Feedback or Unsolicited Ideas, including without limitation any allegations of infringement; (3) your failure to comply with these Terms or with any applicable law, rule or regulation; (4) your infringement, misappropriation or violation of the Digital Properties or Content or of any third party’s intellectual property right; or (5) any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without authorization.
NutriNet LLC will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure. NutriNet LLC reserves the right, at your expense, to assume the exclusive defense and control of any claim, action or proceeding for which you are required to provide indemnification, and you agree to cooperate with our defense of these claims. You may not settle any claims, actions or proceedings for which you are required to provide indemnification, without NutriNet LLC’s prior written consent.
19. COPYRIGHT INFRINGEMENT POLICY
NutriNet LLC respects the intellectual property rights of others and expects you to do the same. Pursuant to the Digital Millennium Copyright Act (the “DMCA”), NutriNet LLC reserves the right, but not the obligation, to terminate your license to use, or otherwise disable your account and access to its service, in whole or in part, if we determines, in our sole and absolute discretion, that you are involved in infringing activity, including uploading, posting or sharing User Content that is infringing, regardless of whether you are a first-time or repeat infringer, and regardless of whether the material or activity is ultimately determined to be infringing. The foregoing processes does not limit our ability to pursue any other remedies we may have to address any suspected infringement or violation of these Terms.
If you believe that any User Content on the Digital Properties infringes your copyright, or the copyright of anyone on whose behalf you are authorized to act, you may submit a written complaint to our designated copyright agent at firstname.lastname@example.org.
20. MODIFICATION OF TERMS
21. GOVERNING LAW
You agree that the Website does not give rise to personal jurisdiction over NutriNet LLC, either specific or general, in jurisdictions other than the laws of the State of Wyoming. Any claim or dispute between you and NutriNet LLC that arises in whole or in part from the Service will be decided exclusively by a court of competent jurisdiction located in Wyoming. Those who do not choose to access the NutriNet LLC do so at their initiative and are responsible for compliance with all applicable laws including any applicable local laws.
22. ENTIRE AGREEMENT
These terms represent the entire agreement and understanding between you and us, and it supersedes all previous communications and agreements between us both (whether oral or written) in relation to your use of our Services.
A failure to exercise or enforce our right at a point upon your breach of these terms does not subsequently waive our right to exercise or enforce such right on similar or other breaches.
Suppose any provision under these terms is found to be invalid or unenforceable by a court of competent jurisdiction. In that case, such an invalid or unenforceable provision shall be severed and shall not affect the validity and enforceability of the other valid and enforceable provisions.
25. ELECTRONIC COMMUNICATION
Your use of our Services and the transfer of messages via e-mail constitute electronic communications between us both. For contractual purposes, you hereby agree that all notices, agreements, policies and communications provided to you electronically satisfy any legal requirement that such communications be in writing unless the law requires explicitly other forms of communication.
26. INFORMATION ABOUT US
The Website and our service are operated by NutriNet LLC, with contact e-mail email@example.com.