Terms of Use
Data Protection & Privacy Review For Nutrition Practitioners
Terms of use are the rules, specifications, and requirements for the use of a product or service. They serve as a contract between the product or service provider and user. The phrase is sometimes used interchangeably with “terms of service” or “terms and conditions”.
The Content:
- Agreement Between You and Nutrition Practitioners.
- General Terms & Conditions.
- Security.
- Nutrition Practitioners’s Proprietary Rights.
- Feedback.
- Exclusion of Warranties.
- Indemnification.
- Changes to Service.
- Governing Law and Venue.
- Third Party Websites.
- Miscellaneous Legal Terms.
- Questions
1. Agreement Between You and Nutrition Practitioners
1.1 Please read the following terms of use (the “Terms”) carefully. By using or otherwise accessing our website, you acknowledge that you have read, understood and agree to be bound by these Terms, and the terms and conditions of our Privacy Policy, when using any service or services (collectively, the “Services”) offered by Nutrition Practitioners, LLC. a limited company organized and existing under the laws of Pennsylvania (USA), or its parents, affiliates or subsidiaries (collectively, either ” Nutrition Practitioners”, “we”, “us” or “our”).
1.2 In order to use the Service you must agree to these Terms. You may agree to the terms by clicking the “I Accept” box, or by actually using our Services. You acknowledge and agree that Nutrition Practitioners will treat your use of the Service as acceptance of these Terms from the time you first use the Service.
2. General Terms & Conditions
2.1 Our company is registered legally in Pennsylvania (USA), and we have the required governmental permissions to provide our services.
2.2 By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using our services, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of our services will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.
2.3 You are responsible for maintaining the security of your usage to our services. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2.4 You agree that to the extent you provide personal information to Nutrition Practitioners it will be true, accurate, current, and complete and that you will update all personal information as necessary. The use of company logos, advertisements, web addresses, contact information, or the unauthorized use of images owned by others is prohibited.
2.5 You are responsible for all content posted and activity that occurs under your identity.
2.6 You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
2.7 You can seek removal of content posted on our website, by contacting us. We will endeavor to review such requests and to remove the content and users that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. However, by providing a mechanism for the submission of complaints, we make no promises that we will review all such complaints or that we will take any action in response to such complaints. Please be aware, however, that if the content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the content we remove from this website may remain on back-up servers.
2.8 If you request to delete any personal information that you have provided. Within 30 days we will review and proceed your request, and this information will be permanently removed from our database. The removal of the information may be deletion or a completely irreversible disfiguring for the information.
2.9 The Company reserves the right to refuse service to anyone for any reason at any time.
2.10 Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2.11 You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
2.12 You must not modify, adapt or hack our website or software.
2.13 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
2.14 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate action by the company.
2.15 You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
2.16 The failure of the Company to exercise or enforce any right or provision of the Terms of use shall not constitute a waiver of such right or provision. The Terms of use constitutes the entire agreement between you and the Company and governs your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of use).
3. Security
3.1 Nutrition Practitioners will comply with all applicable privacy and data security laws and regulations governing its processing and storage of Customer Data. Nutrition Practitioners shall maintain and conform to a security program in accordance with industry standards that is designed to secure the Customer Data and protect against unauthorized disclosure or access of Customer Data. Such security programs shall include the implementation of appropriate administrative, technical and physical safeguards.
4. Nutrition Practitioners’s Proprietary Rights
4.1 You hereby acknowledge and agree that Nutrition Practitioners own all legal right, title and interest in and to the Services, including, without limitation, any intellectual property or other proprietary rights which subsist in the Services (whether such rights are registered or unregistered, and wherever in the world those rights may exist). As between you and Nutrition Practitioners, all materials available through the Services, including, but not limited to, palns, user and visual interfaces, images, software, applications, and text, as well as the design, structure, selection, coordination, expression, “look and feel”, and its content (except for your Content), and the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on the Services, are all owned by Nutrition Practitioners or licensors.
5. Feedback
5.1 If you send or transmit any communications or materials to Nutrition Practitioners by electronic mail, or otherwise (“Feedback”), suggesting or recommending changes to our Services, including without limitation, new features or functionality relating thereto, any comments, questions, suggestions, or the like, all such Feedback are, and will be treated as, non-confidential and non-proprietary. This means that you give up any claim that the use of such Feedback by Nutrition Practitioners or its agents, violates any of your rights including moral rights, privacy rights, proprietary or other property rights, rights of publicity, rights to credit for material or ideas, or any other right, including the right to approve the way Nutrition Practitioners uses such Feedback.
5.2 You hereby assign all right, title, and interest in, and Nutrition Practitioners is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You agree and understand that Nutrition Practitioners is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
6. Excludsion of Warranties
6.1 YOUR USE OF SERVICESS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. THE SERVICESS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. Nutrition Practitioners, ON BEHALF OF ITSELF, AND ON BEHALF OF ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND THIRD PARTY SERVICES PROVIDERS, AND Nutrition Practitioners’S AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS, (COLLECTIVELY, THE ”GOOD PARTIES”): (A) EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED ORSTATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON- INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE;
(B) DOES NOT WARRANT THAT THE SERVICES, OR DATA PROVIDED THROUGH THE SERVICESS, WILL MEET YOUR REQUIREMENTS, OR THAT ITS OPERATION WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (C) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICESS IN TERMS OF ITS ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES.
6.2 THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND Nutrition Practitioners. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Nutrition Practitioners OR ANY PERSON ON BEHALF OF Nutrition Practitioners SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
7. Indemnefication
7.1. You hereby agree to indemnify, defend and hold harmless Nutrition Practitioners and Nutrition Practitioners Parties (each an ”Indemnified Party”), from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the Indemnified Party(s) in connection with any actual or alleged claim arising out of: (a) your or your sub-licensee’s use of the Service; (b) any breach or alleged breach by you of these Terms; (c) any Feedback or Content provided by you; (d) any breach or alleged breach by you of a third party’s rights, including, without limitation, any intellectual property, privacy or publicity rights; (e) any damage caused by or alleged to have been caused by you to the Services; or (f) any actual or alleged violation or non-compliance by you with any applicable law, rule or regulation, including, without limitation, the applicable spam laws.
7.2. Counsel you select for defense or settlement of a claim must be consented to by Nutrition Practitioners and/or the Indemnified Party(s) prior to counsel being engaged to represent you and Nutrition Practitioners and/or the Indemnified Party(s). You and your counsel will cooperate as fully as reasonably required, and provide such information as reasonably requested, by the Indemnified Party(s) in the defense or settlement of any claim. Nutrition Practitioners and/or the Indemnified Party(s) reserves the right, at its own expense, to assume the exclusive defense or settlement, and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to any judgment, settlement, attachment, or lien, or any other act adverse to the interest of Nutrition Practitioners or any Indemnified Party(s) without the prior written consent of Nutrition Practitioners and/or the Indemnified Party(s).
8. Changes to Service
8.1. Nutrition Practitioners is constantly striving to provide the best possible experience for its Service users. You acknowledge and agree that the form and nature of the Service which Nutrition Practitioners currently provides may change from time-to-time without prior notice to you. Changes to the form and nature of the Service will be effective with respect to all versions of the Service. Examples of changes to the form and nature of the Service include, without limitation, changes to fees and payment policies, security patches, additional functionality, reduced functionality, and other enhancements.
9. Governing Law and Venue
9.1. These Terms will be construed and enforced in all respects in accordance with the laws of Pennsylvania (USA) without reference to its choice of law rules. the courts seated in Pennsylvania shall have sole and exclusive jurisdiction for all purposes in connection with any action or proceeding that arises from, or relates to, these Terms and you hereby irrevocably waive any objection to such exclusive jurisdiction; provided however, that Nutrition Practitioners may seek to enforce any judgment in its favor in any court of competent jurisdiction.
9.2. Notwithstanding the foregoing, Nutrition Practitioners may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its proprietary and other rights. You agree that your breach of these Terms may result in immediate and irreparable damage to Nutrition Practitioners for which there is no adequate remedy at law.
9.3. Any cause of action arising under these Terms must be commenced by you within one (1) year after the claim or cause of action arises.
10. Third Party Websites
10.1. Our websites and Service may provide links to other websites and hosting servers that are not owned or operated by us (“Third Party Websites”). Nutrition Practitioners provides these links to you as a convenience only, and Nutrition Practitioners does not verify, make any representations concerning, or take responsibility for, such Third-Party Websites, or the products or services offered through such third- party websites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content of, or activities conducted on, such Third-Party Websites. You should use your own independent judgment before accessing and using such Third-Party Websites, or products or services offered through such third party websites.
10.2. These Terms and the Privacy Policy do not apply to such Third-Party Websites, and you should review such Third-Party Websites’ privacy policies, terms and conditions and business practices as they may be different to those of Nutrition Practitioners and it is your sole responsibility to comply with such terms. Your dealings and communications with any third party in connection with the Third-Party Websites are solely between you and such third party.
11. Miscellaneous Legal Terms
11.1. If any part of these Terms is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of these Terms, and the other parts will remain in full force and effect.
11.2. Any notice or other communications by Nutrition Practitioners relating to the Service may be made by letter, e-mail or posting on our website, and you hereby consent to receive notices and other communications in electronic form to the extent permitted by applicable law.
11.3. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each Indemnified Party shall be a third-party beneficiary hereunder and accordingly, shall be entitled to directly enforce and rely upon any provision of these Terms that confers a right or remedy in favor of it.
11.4. Nutrition Practitioners may assign or transfer its rights, or delegate any performance, under these Terms to a third party in its sole discretion. You may not assign or otherwise transfer your rights, or delegate your performance, under these Terms to any third party without in each and every case, Nutrition Practitioners’s express prior written consent.
11.5. Nutrition Practitioners will not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of the common enemy, earthquake, fire, flood or other acts of God, the elements, epidemics, labor conditions, power failures, and Internet disturbances.
11.6. Nutrition Practitioners may add to, change or remove any part, term or condition of these Terms at any time without prior notice to you. It is your responsibility to check these Terms and Privacy Policy periodically for changes. By continuing to use the Service, you are indicating your acceptance of such changes. However, we will provide written notice to you of any significant changes to these Terms or Privacy Policy (including notices posted on the Site or sent to your registered e-mail address).
12. Questions
If you have any questions about this website or these Terms of Use, please contact us at: admin@nutritionpractitioners.net.
