SERVICE AGREEMENT
Membership dues are billed once per month. Your billing cycle begins on the day of the month that you join Nutrition for You. Cancel anytime to discontinue your membership. Cancellation becomes effective at the end of your billing cycle.
Nutrition 4 You, LLC provides its services to you subject to the following Terms and Conditions. If you use this website, you accept these Terms and Conditions. If you do not agree to be bound by all of these Terms and Conditions, please do not use or access this Website. Nutrition 4 You, LLC reserves the right to refuse or cancel your membership due to certain medical conditions. We also reserve the right to cancel your membership should you violate any provision of these Terms and Conditions, or any other posted policy on the Website. The contents of this Website, including the text, graphics, images, and information obtained from third-party content providers, and any other materials are to be used for informational purposes only. The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Whether or not you are at your goal weight, consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.
MINORS NOT PERMITTED
CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THIS WEBSITE.
PRIVACY
Please review our Privacy Policy located at
www.NutritionforYou.com/PrivacyPolicy/Index.aspx which also governs your visit to the Website, to understand our privacy practices.
COMMUNICATIONS
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email, by telephone, or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In addition, you may contact us at the following address: Nutrition 4 You LLC, 221 King St #204, San Francisco, CA 94107, United States
LICENSE AND SITE ACCESS
Nutrition 4 You, LLC, grants you a limited license to access and make personal use of the Website. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Nutrition 4 You, LLC. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any metatags or any other hidden text utilizing Nutrition for You's name or trademarks without the express written consent of Nutrition for You. Any unauthorized use terminates the permission or license granted by Nutrition for You. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Nutrition for You, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the Nutrition for You logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Nutrition 4 You, LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Memberships are non-transferable. You agree to (a) maintain all equipment necessary for your access to and use of the Website; (b) maintain the security of your user identification, password, Personal Information (as defined in our Website Privacy Policy), and any other confidential information relating to your Nutrition for You account; (c) take responsibility for all charges resulting from use of your Nutrition for You account, including unauthorized use prior to your notifying Nutrition 4 You, LLC of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (d) update your Personal Information (as defined in our Website Privacy Policy), including email address, as appropriate.
CANCELING YOUR MEMEBERSHIP
You may cancel your membership by email to CustomerService@nutritionforyou.com (provide your first and last name, user name, and intent to cancel; we will not open your email if it contains an attachment); Nutrition 4 You LLC, 221 King St #204, San Francisco, CA 94107, United States Attn: Member Services (provide your first and last name, user name, email address, and your intent to cancel); by phone to our Member Services Department at (415) 692-1480.
DISCLAIMERS AND LIMITATION OF LIABILITY
Users of the Website (individually and collectively, "User") expressly agree that use of the Website is at User's sole risk. Neither Nutrition 4 You, LLC nor its employees warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. THE WEBSITE IS PROVIDED BY NUTRITION 4 YOU, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. NUTRITION 4 YOU, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NUTRITION 4 YOU, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL NUTRITION 4 YOU, LLC BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE. IN NO EVENT SHALL NUTRITION 4 YOU, LLC'S LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY NUTRITION 4 YOU, LLC SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall Nutrition 4 You, LLC or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website's records, programs, or services. User acknowledges that this paragraph shall apply to all content and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
ONLINE CONDUCT
User agrees to use the Website only for lawful purposes. User is prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If Nutrition 4 You is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, Nutrition 4 You, LLC may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website. Nutrition 4 You, LLC may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of Nutrition 4 You, LLC.
Nutrition 4 You reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, the Website, or any rights of Nutrition 4 You, LLC, or to violate any applicable law. Notwithstanding the foregoing, Nutrition 4 You, LLC cannot ensure prompt removal of questionable content after online posting. Accordingly, Nutrition 4 You, LLC shall not assume liability for any action or inaction with respect to conduct, communication, or content on the Website.
COPYRIGHTS
Copyright (c) 2010 Nutrition 4 You, LLC. , All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to Nutrition 4 You, LLC and are protected by United States and international copyright law. Nutrition 4 You, LLC enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
TRADEMARKS
Nutrition for You®, Nutrition for You.net®, Nutripedia®, SuccessTracker™, and Nutrition for You Meal Plan®, and the related logos and other marks indicated on our Website are the exclusive property and trademarks of Nutrition 4 You, LLC. Nutrition 4 You, LLC reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43).
INDEMNITY
You agree to defend, indemnify, and hold Nutrition 4 You, LLC harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
APPLICABLE LAW
The Website is created and controlled by Nutrition 4 You in the State of California. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Nutrition 4 You reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of California for any litigation arising out of or relating to use of or purchase made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California courts and agrees not to plead or claim in any California court that such litigation brought therein has been brought in an inconvenient forum.
MISCELLANEOUS TERMS
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. Nutrition 4 You, LLC reserves the right to make changes to the Website, these policies, and these Terms and Conditions at any time, effective immediately upon the posting on this Website. Please check these Terms and Conditions periodically. In addition, these Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by signed, written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, 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; rather, the same will be and remain in full force and effect.
Unsolicited Idea Submission Policy
Nutrition 4 You, LLC ("Nutrition for You.net."), and/or any of its employees, do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Nutrition for You's products or marketing strategies might seem similar to ideas submitted to Nutrition for You.net. So, please do not send your unsolicited ideas to Nutrition for You.net or anyone at Nutrition for You.net. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter, fax, or e-mail says, the following terms shall apply to your idea submission.
Terms of Idea Submission
You agree that: (1) your ideas will automatically become the property of Nutrition 4 You, LLC, without compensation to you, and (2) Nutrition for You.com can use the ideas for any purpose and in any way, even give them to others.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Nutrition 4 You, LLC shall be free to use such information on an unrestricted basis.