NutriTiming, LLC Terms and Conditions of Use 02-24-2014

Terms and Conditions of Use

These Terms and Conditions govern your use of the NutriTiming, LLC’s ("NutriTiming") websites www.NutriTiming.com and www.NutriTimingInstitute.com (the “Sites”), the services available through the websites (the "Website Services"), and the services available through the companion iOS application purchased on iTunes ("iOS Services"). The Site, Website Services and iOS Services collectively constitute the NutriTiming products (“Products”). Please read the terms and conditions of use carefully before using any of the Products.

AGREEMENT TO TERMS

By registering for or using the Products in any way, you agree to these Terms and Conditions and the NutriTiming Privacy Policy (collectively the "Terms") (please read our Privacy Policy by clicking on the Privacy Policy link below).

This Agreement is entered into between you as the User of the Product (the “User”, “You”, and “Your”) and NutriTiming. If you do not agree to these Terms you may not use the Products. Each time you use the Products, you reaffirm your acceptance of the then-current Terms. If you do not wish to be bound by these Terms, you may discontinue using the Products.

NutriTiming may change these Terms at any time and in its sole discretion. The modified Terms will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the Products. You are responsible for staying informed of any changes. If you do not agree with the modified Terms, your only remedy is to discontinue using the Products.

ELIGIBILITY

By registering to use the Products, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and to use the Products in accordance with these Terms.

1. LICENSE AND PRODUCTS ACCESS

    1. a.NutriTiming grants you a limited license to access and make personal use of the Products. You may not download (other than page caching), or modify any portion of it, except with the express written or e-mailed consent of NutriTiming. The license to use the Products does not include any resale or commercial use of the Products or its contents; or any derivative use of this Products or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of the Products for any commercial purpose. By using the Products, you warrant to NutriTiming that you will not use the Products, or any of the content obtained from the Products, for any purpose that is unlawful or prohibited by these Terms. NutriTiming does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them in or on the Products. If you violate any of these Terms, your permission to use the Products automatically terminates.  

    1. b.In consideration of your use of the Products, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, if applicable, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, NutriTiming has the right to terminate your account and refuse any and all current or future use of the Products. You agree not to resell or transfer the Products or use of or access to the Products.  

 

    1. c.You will also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other Member at any time. You agree to notify NutriTiming immediately of any unauthorized use of Your account, user name, or password. NutriTiming shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by NutriTiming, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password. 

    1. d.By subscribing for any of the Website Services and / or iOS Services, You agree you are responsible for paying for any Website Services and iOS Services fees, whether subscribed on a monthly, quarterly, or annual basis, used up to and including the time You cancel such Website Services and / or iOS Services by 1) logging into Your NutriTiming account and 2) clicking on the “cancel” button on the NutriTiming home page which will redirect you to PayPal to cancel Your account. Refunds are not issued for prior subscriptions after a payment is made, whether the Website Services and / or iOS Services are used or not. 

2. USER SUBMISSIONS

The Site may contain various pages, bulletin board services or other communication facilities where you and other members may post content. You may only post content to the Site that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates these Terms. By posting or distributing content to the Site, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to the Site and (b) the content does not and will not infringe any copyright nor any other third-party right nor violate any applicable law or regulation.

NutriTiming does not claim ownership of any materials you provide to NutriTiming (including feedback and suggestions) or post, upload, input, provide or submit to the Site for review by members of the general public, or by members of any public or private group. However, by submitting or posting content to the Site, you grant NutriTiming, its parent, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this content in any medium. Once you submit or post content to the Site, NutriTiming does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. NutriTiming owns all right, title, and interest in any compilation, collective work or other derivative work created by NutriTiming using or incorporating content posted to the Site.

3. ACTIVITIES PROHIBITED ON THE SITE

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. NutriTiming reserves the right to investigate and take appropriate legal action against anyone who, in NutriTiming’s sole discretion, engages in any prohibited activities.

Prohibited activities include, but are not limited to, the following:

NutriTiming reserves the right—but is not obligated—to do any or all of the following:

4.  NUTRITIMING’S COMMUNICATIONS TO YOU

You agree that NutriTiming may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of NutriTiming’s Products, or for such other purpose(s) as NutriTiming deems appropriate.

5. THIRD PARTY LINKS

For your convenience and enjoyment, our Site may provide links to web sites that are not operated by NutriTiming. You acknowledge and agree that NutriTiming does not endorse or recommend any products or services offered or information contained at such linked Web site. Further, NutriTiming is not liable for any failure of any products or services offered or advertised at such linked Web site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at such linked Web site. Any dealings with third parties (including advertisers) included within the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and the advertiser or other third party. NutriTiming shall not be responsible or liable for any part of any such dealings or promotions.

6. RELIANCE ON THIRD-PARTY CONTENT

Opinions, advice, statements, or other information, including, without limitation, food, nutrition and exercise data, made available by means of the Site and Services by third parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. NUTRITIMING DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE SITE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE SITE AND SERVICES. UNDER NO CIRCUMSTANCES WILL NUTRITIMING BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE AND IN PRODUCTS OR TRANSMITTED TO OR BY ANY THIRD-PARTY.

7. THE PRODUCTS DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE; NO DOCTOR-PATIENT RELATIONSHIP

NutriTiming provides the Products for informational purposes only. Nothing contained in the Products are intended to constitute professional advice and you should not rely on the reports, data or other information provided on or accessible through the use of the Products for making health related decisions. You should consult with an appropriate health care professional for specific advice tailored to your situation and/or to verify the accuracy of the information provided herein prior to making any health related decisions.

THE PRODUCTS DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NutriTiming is not a medical professional, and NutriTiming does not provide medical services or render medical advice. The Products are not a substitute for the advice of a medical professional, and the information made available on or through the Site and Products should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If You require medical advice or services, You should consult a medical professional. YOUR USE OF THE SITE AND PRODUCTS DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND NUTRITIMING.

YOU HEREBY AGREE THAT, BEFORE USING THE PRODUCTS, YOU SHALL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM EXERCISE OR CHANGES IN YOUR DIET.

8. FOOD DATABASE AND NUTRITIONAL INFORMATION

NutriTiming’s food database contains a combination of nutritional information entered directly by NutriTiming (“Food Database”). NutriTiming primarily relies upon the US Department of Agriculture's nutrient food database and supplements it with information from other databases that it believes to be reliable. The nutritional information found in NutriTiming’s Food Database has not been reviewed by persons with the expertise required to provide You with complete, accurate, or reliable information. NUTRITIMING DOES NOT (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL INFORMATION IN THE FOOD DATABASE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH NUTRITIONAL INFORMATION. UNDER NO CIRCUMSTANCES WILL NUTRITIMING BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON NUTRITIONAL INFORMATION. You are solely responsible for ensuring that any nutritional information in the Food Database is accurate, complete and useful.

You, as a NutriTiming member, can add additional nutritional information to your personal Food Database that will only be accessible by You through your use of the Products.  NutriTiming professionals may add nutritional information to their professional food database and share it with their clients who are NutriTiming members. This is not entered into the general Food Database only into the NutriTiming professional’s food database. You are solely responsible for ensuring that any nutritional information in the Food Database, whether entered by you or your NutriTiming professional, is accurate, complete and useful.

9. RISK ASSUMPTION

YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SITE AND PRODUCTS. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY NUTRITIMING AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SITE AND PRODUCTS.

10. TRADEMARKS, COPYRIGHTS AND DMCA POLICY

  1. a)Trademarks - NutriTiming, NutriTiming.com, NutriTimingInstitute.com, and the NutriTiming logo (collectively, the “NutriTiming Marks”) are trademarks or registered trademarks of NutriTiming, LLC. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services, nor this Agreement, grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the NutriTiming Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the NutriTiming Marks generated as a result of Your use of the Website and Services will inure to the benefit of NutriTiming, LLC, and You agree to assign, and hereby do assign, all such goodwill to NutriTiming, LLC. You shall not at any time, nor shall You assist others to, challenge NutriTiming, LLC’s right, title, or interest in or to, or the validity of, the NutriTiming Marks.  

 

  1. b)Copyrights - The Products are protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic or image from the Site may be copied or retransmitted without the express written permission of NutriTiming.  

 

  1. c)DMCA Policy - If you believe any materials accessible on or from the Products infringe your copyright, you may request removal of those materials (or access thereto) by contacting NutriTiming (as set forth below) and providing the following information:  

Send this information by mail to NutriTiming, LLC, 1401 Peachtree Street NW, Suite 400, Atlanta, GA 30309 or by e-mail to DMCA@NutriTiming.com. In an effort to protect the rights of copyright owners, NutriTiming maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

11. WARRANTIES

The Products and the content are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, NUTRITIMING, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. NutriTiming makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site and Products. NutriTiming cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. NutriTiming cannot and does not guarantee or warrant that files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. NutriTiming cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. NutriTiming does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.

12.  NUTRITIMING PROFESSIONAL ACCOUNT

Notwithstanding the foregoing, if you have a NutriTiming Professional account that account may be used in connection with your business of consulting with individual users of NutriTiming. You may incorporate the use and fees of NutriTiming with your own professional fees, you may use the NutriTiming logo on your website (noting that it is trademarked by NutriTiming). As part of your professional activities, you will make sure your individual users have been counseled on all medical aspects and usage of NutriTiming. Further you recognize and agree that NutriTiming assumes no responsibility for the professional advice, services or consultation you may provide to your individual user in connection with NutriTiming or any other aspect of your business.

13.  LIMITATION OF LIABILITY

NUTRITIMING'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH NUTRITIMING IS TO DISCONTINUE YOUR USE OF THE PRODUCTS. NUTRITIMING AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE PRODUCTS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCTS. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF NUTRITIMING HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, NUTRITIMING 'S AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

14.  INDEMNIFICATION

THE USE OF THE PRODUCTS, SOFTWARE, TOOLS AND SITE IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS YOU MAY SUFFER AS A RESULT OF USING, OR ACCESSING THE SOFTWARE, TOOLS OR WEB SITE, OR DOWNLOADING ANY CONTENT THEREON. EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED: (A) NUTRITIMING IS NOT LIABLE FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF INFORMATION OR PRICES (INCLUDING WITHOUT LIMITATION FINANCIAL INFORMATION) PUBLISHED ON OR FURNISHED THROUGH THE TOOLS OR SITE, OR ANY ERRORS OR OMISSIONS OF THE TOOLS OR SITE; (B) NUTRITIMING SHALL HAVE NO LIABILITY ARISING FROM ORDERS OR PURCHASES OF THIRD PARTY GOODS OR SERVICES BASED ON INFORMATION PUBLISHED ON OR FURNISHED THROUGH THE TOOLS OR SITE; AND (C) UNDER NO CIRCUMSTANCES SHALL NUTRITIMING OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), THAT ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS, SITE, OR ANY CONTENT CONTAINED THEREON, OR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF NUTRITIMING HAS BEEN INFORMED OF THE POSSIBILITY THEREOF OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PRODUCT, OR ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SOFTWARE, PRODUCT AND SITE.

15.  PRIVACY

By accepting this Agreement, you expressly consent to our use of your personal information as explained in our Privacy Policy, which is incorporated herein by reference. Our current Privacy Policy.

16.  GOVERNING LAW

THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA APPLICABLE TO CONTRACTS ENTERED INTO AND PERFORMED EXCLUSIVELY IN THAT STATE. ANY COURT OF COMPETENT JURISDICTION SITTING WITHIN FULTON COUNTY, GEORGIA WILL BE THE EXCLUSIVE JURISDICTION AND VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT. YOU FURTHER EXPRESSLY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF LITIGATING ANY CLAIM OR ACTION RELATING TO YOUR USE OF THE SOFTWARE, TOOLS AND SITE AND/OR THIS AGREEMENT.

17.  OTHER TERMS

  1. a)Modification of The Agreement - NutriTiming reserves the right to change these Terms without notice. You are responsible for regularly reviewing the Agreement. Your continued use of the Products constitutes your agreement to all such Terms as modified.  

  2. b)Termination - NutriTiming has the right to terminate your account and access to the Products for any reason, including, without limitation, if NutriTiming, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms (either directly or through breach of any other terms and conditions or operating rules applicable to you). NutriTiming may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Products. 

  3. c)Severability - If any provision of this agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. 

  4. d)No Waiver - A failure on the part of NutriTiming to enforce any part of this agreement shall not constitute a waiver of any of NutriTiming’s rights under this agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of NutriTiming shall have legal effect. 

  5. e)Notice - Any notice relating to this Site should be sent to us by email to info@NutriTiming.com or should be mailed to NutriTiming, LLC, 1401 Peachtree Street NW, Suite 400, Atlanta, GA 30309. We will contact you at the address you provide to us, or by posting a notice on the Site. 

  6. f)Use in Other Locations - NutriTiming makes no representation that content on any part of the Products is appropriate or available for use in other locations. Those who choose to access any part of the Products from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Products may contain references to products or services not available in all countries. NutriTiming does not market all of its products or services in all countries.