Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by NutritionSpeak, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which NutritionSpeak.com links, and that link to NutritionSpeak.com. NutritionSpeak does not have any control over those non-NutritionSpeak websites and webpages and is not responsible for their contents or their use. By linking to a non-NutritionSpeak website or webpage, NutritionSpeak does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. NutritionSpeak disclaims any responsibility for any harm resulting from your use of non-NutritionSpeak websites and webpages.
- Copyright Infringement and DMCA Policy. As NutritionSpeak asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by NutritionSpeak.com violates your copyright, you are encouraged to notify NutritionSpeak in accordance with NutritionSpeak’s Digital Millennium Copyright Act (“DMCA”) Policy. NutritionSpeak will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. NutritionSpeak will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of NutritionSpeak or others. In the case of such termination, NutritionSpeak will have no obligation to provide a refund of any amounts previously paid to NutritionSpeak.
- Intellectual Property. This Agreement does not transfer from NutritionSpeak to you any NutritionSpeak or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with NutritionSpeak. NutritionSpeak, NutritionSpeak.com, the NutritionSpeak.com logo, and all other trademarks, service marks, graphics and logos used in connection with NutritionSpeak.com, or the Website are trademarks or registered trademarks of NutritionSpeak or NutritionSpeak’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any NutritionSpeak or third-party trademarks.
- Changes. NutritionSpeak reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. NutritionSpeak may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Disclaimer of Warranties. The Website is provided “as is”. NutritionSpeak and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither NutritionSpeak nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will NutritionSpeak, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to NutritionSpeak under this agreement during the twelve (12) month period prior to the cause of action. NutritionSpeak shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless NutritionSpeak, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between NutritionSpeak and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of NutritionSpeak, or by the posting by NutritionSpeak of a revised version. Except to the extent applicable by law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Deschutes County, Oregon. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Bend, Oregon, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; NutritionSpeak may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Updated May, 2020