Terms of Use
Thank you for using the products and services offered by Nutriwiki, LLC and its affiliates (collectively, "Company").
These Terms of Use are a legally binding agreement between you and the Company and apply to your use of all the Services provided by the Company, including websites, platforms, software, apps, courses, materials, content, events, products, and services.
When registering for certain Services, you may be required to agree to additional terms and policies contained in other documentation.
The Terms of Use and any additional terms and policies are collectively referred to as the "Terms".
By using any of our Services, you agree to be bound by these Terms of Use and any subsequent changes made to them.
PLEASE NOTE THAT THESE TERMS OF USE INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST THE COMPANY, AND THEY AFFECT YOUR LEGAL RIGHTS.
Paid Services
The Company offers paid Services for a fee, and you must comply with all applicable refund, withdrawal, and transfer policies for all Services used. Fees may vary based on your location and other factors, and all fees are quoted in U.S. dollars, unless specifically stated otherwise.
Generally, fees must be paid at the time of purchase, unless the Company offers a payment plan, in which case additional terms and conditions would apply. Acceptable payment mechanisms may vary among Services and your location. The Company reserves the right to change any fees at any time, and any change will be effective immediately upon posting.
You are responsible for timely paying all fees and applicable taxes associated with the Services. If your payment method fails, you may be suspended or terminated from any or all Services until full payment is received and processed, and the Company may also refer you to a collection’s agency for overdue payments, in which case, you may be subject to additional costs and charges. To ensure consistent and accurate information about the fees for Services, you agree not to publish, advertise, or otherwise disclose the fees, unless authorized by the Company.
The Company grants you a limited, personal, non-exclusive, non-transferable, and revocable license to use the Services, and you agree to access and use the Services only as permitted under these Terms of Use.
You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works or translations of or based on the Services. Using the Services does not give you any ownership of or any intellectual property rights in the Services or the content you access or use.
User Content
When using the Services, you may be able to share your content such as forum posts, tests, quizzes, assignments, projects, and other material (referred to as "User Content") with Company employees, users, and others.
You acknowledge and agree that any User Content that you transmit or post while using the Services will not be treated as confidential, except for information that the Company agrees to treat as such.
You are responsible for any User Content that you share and by sharing any User Content, you confirm that you have the lawful right to use and share it.
You grant Company a perpetual, fully-transferable, royalty-free, sub-licensable, non-exclusive, worldwide license to use, display, reproduce, distribute, modify, create derivative works, translate, and publicly display such User Content for commercial or non-commercial purposes.
The Company reserves the right to remove or modify User Content at its sole discretion.
Company Materials
The Terms state that the Services and all related resources and materials, including concepts, techniques, and other information (hereinafter referred to as Materials), are the intellectual property of the Company, its affiliates, or its licensors, and protected by intellectual property laws in the United States and other countries. The Company asserts that it has invested substantial resources in developing these Materials and they are commercially valuable and confidential. The Company retains all ownership rights to the Materials, including any patents, copyrights, trade names, trademarks, logos, or service marks.
Company Trademarks
The Company's names, acronyms, and other trademarks or registered trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of the Company in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners. The Company and its licensors do not grant you any right or license in connection with any of the trademarks, service marks, graphics, or logos, except as expressly stated in the Terms or as agreed upon in writing by you and an authorized representative of the Company.
Company Copyrights
By using the Services, you agree to comply with all copyright notices and restrictions related to the Services and Materials. You are not allowed to copy, distribute, display, create derivative works, translate, or transmit any content from the Services without the express written consent of the Company or its authorized representative.
Personal, Non-Commercial Use Only
The Company's Services and Materials are intended for your personal use only and cannot be used for commercial purposes. You may not alter the text or remove any trademark or other notice displayed on the Company’s Services or Materials. You agree not to reproduce, copy, duplicate, distribute, lend, sell, or otherwise transfer or disclose to any other individual or party, the Services or Materials. Unauthorized use of the Services or Materials may violate copyright laws, trademark laws, patent laws, the laws of privacy and publicity, and communications regulations. The Company monitors the use of its intellectual property and may seek legal action against any infringing parties.
Digital Millennium Copyright Act (DMCA) Notice
The Company respects the rights of other copyright holders. In case you suspect that your copyright has been violated, the Company will address any notices of alleged infringement that comply with 17 U.S. Code §512(c)(3). Notice may be sent by email to: GNS@nutrihacking.org or by physical mail to Nutriwiki, LLC, 16192 Coastal Highway, Lewes, DE 199958, County of Sussex.
Our Use of Personal Information
The Company's use and handling of personal information are regulated by the Terms and Privacy Policy. You acknowledge that the Company and its partners may need to gather, process, and store certain data to provide the Services to you. You understand that any data collected from you or provided by you to the Company will be kept on systems and data storage operating in the U.S. By using the Services or providing your data, you agree to the transfer of your data to the Company and its partners, and to the collection, processing, and storage of your data by the Company and its partners in the U.S. The Company will manage your data as necessary to provide the Services to you, in accordance with the Terms and Privacy Policy. If you do not consent to the transfer, collection, processing, and storage of your data in the U.S., you should not use the Services.
Your Account
When signing up for an Account with the Company, you must provide accurate and complete personal information. Creating or accessing more than one Account is prohibited, except with the Company's express permission. The Company may provide you with login credentials to access your Account and Services, which you agree to protect and not share with others or allow unauthorized use of the Services. Purchases made through your Account are nontransferable. You confirm that you will be the one using the Services for which you registered and that any required attestations will only be completed by you.
Confidentiality of Your Information
Unless permitted by the Terms, the Privacy Policy, or any Company’s policy, Company employees are prohibited from disclosing your confidential information without your written consent, except as required by law. However, you acknowledge and agree that Company may de-identify and combine your learning data, test scores, and product usage data with that of others and use the aggregated data as it sees appropriate. You also acknowledge and agree that your certificate status is not confidential information and may be disclosed to third parties by Company. For more information on data protection and use, please consult the Privacy Policy.
Consent to Receive Electronic Communications, Autodialed or Pre-recorded Calls, and SMS Messaging
By using the Company's Services, you agree to receive various forms of communication, including legal, marketing, and educational notices and disclosures, in electronic and hard copy formats.
You also consent to receive these Communications through SMS messages, prerecorded messages, and artificial voices, as well as autodialing and automatic texting systems, to any telephone or mobile number that you provide.
By providing your telephone or mobile number, you confirm that you are either the subscriber or have been authorized by the subscriber to receive Communications to that number.
You consent to receive Communications from Company, as described above, for any reason, including, but not limited to carry out our rights and obligations, provide you with Services, provide you with information related to your use of the Services, for marketing and promotions, and to collect fees and debts. The Company will not share your phone number with third parties for any purposes other than those necessary to provide the Services to you.
This section of the agreement states that Company may share your phone numbers with their affiliates or third-party service providers to assist them in carrying out their obligations under the Terms, policies, applicable law, or any other agreement with you. These parties may contact you using SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. However, this is only authorized by the Company to carry out the purposes that have been identified above and not for their own purposes. Additionally, standard telephone minute and text charges may apply.
You agree and consent that, in providing Company with your contact number, we may, upon notice at time of contact, record, listen in on, monitor, record, or transcribe telephone conversations between us (or our service providers) and you (or anyone acting on your behalf) for quality and training purposes, for our records, for our own protection, and/or for any other business-related reason. However, not all calls may be recorded by us, and, unless otherwise required by law, you do not have a right to said recordings.
Enforcement and Compliance
This section states that the Company reserves the right to take necessary steps to enforce and verify compliance with the Terms, and may disclose your registration data and Account information to law enforcement authorities, government officials, or third parties as deemed necessary by the Company to enforce and/or verify compliance with the Terms. This includes cooperation with legal processes and third-party claims related to your use of the Services. If you do not consent to the foregoing, please do not use or continue to use our Services.
Your Representations and Warranties
As a user of the Services, you affirm that:
You have the legal authority to agree to the Terms,
You have read and comprehended them, and meet all applicable requirements.
You acknowledge that the Services are not designed to train you as a medical doctor, nutritionist, or dietician.
You further acknowledge that health coaches provided by the Company are not medical doctors, nutritionists, or dieticians.
You understand that the Services provide information related to health and wellness, but this information should not be considered as medical advice.
You acknowledge that each jurisdiction has its own laws and regulations regarding the provision of services by medical doctors, nutritionists, dieticians, health coaches, and other health care providers, and you are solely responsible for ensuring that your practice does not violate any jurisdiction’s laws or regulations.
Disclaimers Warranties
The services provided by the Company are provided on an "As Is" and "As Available" basis without any warranty, whether express or implied. The Company disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, satisfactory quality or title, quiet enjoyment, and non-infringement. No statement made by any employee or representative of the Company can create a warranty or modify this section. Certain jurisdictions do not permit the exclusion of implied warranties, so the forgoing exclusion may not apply to you. YOU EXPRESSLY AGREE THAT your use of, or your inability to use, the Company’s Services is at your sole risk. The Company does not guarantee the accuracy or completeness of any information, text, graphic, links, or other items provided within the Services. The Company takes precautions to protect itself against, but makes no warranties respecting, any harm that may be caused by the transmission of a computer virus, worm or other system or network infection or attack. The Company does not guarantee that your use of the Services will be error-free or uninterrupted.
You understand and agree that the availability of the Services may be limited and may not be accessible at all times or in certain geographical locations. Additionally, there may be certain usage limits that apply to the Services.
No Endorsement or Affiliation
The Company assumes no liability and provides no guarantees regarding the background, qualifications, or suitability of any third party, including guest speakers, visiting teachers, partners, influencers, or any other individuals who may contribute to or appear in the Services. This includes no representation or warranty about their suitability for any purpose or about their credentials or expertise.
Third-Party Links
The Services provided by the Company may contain material or links from third parties, and the Company is not responsible for any liability associated with such third-party materials or websites. These materials are included as a convenience to users and the Company does not endorse or assume responsibility for their content. Third-party websites may have different privacy policies and the Company encourages you to carefully read them. The Company's own Privacy Policy only applies to information collected by the Company itself.
Technology and Support
Certain Services are available online and have specific technology requirements that you can find in additional resources. You are solely responsible for ensuring that you have the necessary hardware, software, Internet access, and equipment to use the Services, including paying for any internet access fees or charges. The Company may provide you with limited technical support related to the Services but will not provide support for desktop computer troubleshooting, third-party websites, or non-Company products or programs.
Children
The Services provided by the Company are designed for users who are 13 years of age or older. The Company does not knowingly collect any personal information from users under the age of 13. If you are under the age of 13, please do not use the Services or provide any personal information to the Company. If the Company becomes aware that it has inadvertently collected personal information from a user under the age of 13 without verified parental consent, it will promptly delete such information from its systems.
Limitation of Liability
THIS SECTION OF THE TERMS OF SERVICE STATES THAT THE COMPANY, INCLUDING ITS DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, CONTRACTORS, PRINCIPALS, OR LICENSORS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR YOUR USE OF THE SERVICES. THIS INCLUDES ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
CERTAIN JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall the Company’s total liability to you for all damages exceed the amount you paid for the Services at issue. The foregoing limitations will apply even if the above stated remedy fails its essential purpose.
Indemnification
By using the Company’s Services, you accept the Terms and you agree that you will indemnify, defend, and hold harmless Company, its subsidiaries, and its affiliates, as well as their respective directors, officers, employees, attorneys, agents, shareholders, partners, members, managers, and owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees and costs, (collectively or individually, “Losses”) insofar as such Losses arise out of or are based upon: your performance of, or failure to perform under the Terms; your breach of any representation, warranty, or obligation under the Terms; your improper use of Materials; bodily injury, death of any person, or damage to any personal property resulting from your acts or omissions; and/or your violation of any copyright, patent, trade secret, trademark, and/or other intellectual property right of any persons.
The indemnification obligations set forth in this paragraph are subject to the following: (i) Company shall have the option of assuming control over the defense and/or settlement of such claim, and you will reimburse Company for all costs of defending the matter, including, without limitation, reasonable attorneys’ fees and costs; and (ii) you shall not settle any claim or action on behalf of Company without first notifying Company of all details related to such settlement, and receiving Company’s prior written consent.
Binding Arbitration; Class-Action Waiver; Venue; Governing Law
BY AGREEING TO THESE TERMS, YOU ARE ACCEPTING A PROVISION THAT BINDS YOU TO RESOLVE ANY DISPUTES WITH THE COMPANY THROUGH ARBITRATION AND WAIVING YOUR RIGHT TO PARTICIPATE IN CLASS-ACTION LAWSUITS.
If any dispute arises between you and the Company, except for the equitable remedies available to the Company as specified in the Terms, YOU AND THE COMPANY AGREE TO RESOLVE THE DISPUTE THROUGH BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION MUST TAKE PLACE IN DELAWARE, REGARDLESS OF THE TERMS OF ANY OTHER AGREEMENTS BETWEEN YOU AND THE COMPANY.
BY AGREEING TO THE ARBITRATION PROVISION, YOU ACKNOWLEDGE THAT CERTAIN LEGAL RIGHTS WILL BE FORFEITED, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO A TRIAL BY JURY, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. ANY ARBITRATION MUST BE ON AN INDIVIDUAL BASIS, MEANING THAT NEITHER YOU NOR THE COMPANY MAY COMBINE OR CONSOLIDATE CLAIMS WITH OR AGAINST OTHER CLAIMANTS IN ARBITRATION, OR LITIGATE ANY CLAIMS IN COURT OR ARBITRATE THEM AS A REPRESENTATIVE OR MEMBER OF A CLASS.
You also agree that: (i) the arbitrator does not have the power to grant punitive, incidental, consequential, indirect, exemplary, or special damages; (ii) you are not allowed to obtain awards for punitive, incidental, consequential, indirect, exemplary, special, or any other damages other than the cost previously paid to the Company, and you hereby give up your right to make such claims; and (iii) all claims, judgments, and awards will be limited to the cost previously paid by you to the Company for the specific Services that are the subject of the dispute, and will not exceed that amount.
Except as may be required by law, neither you nor the Company nor an arbitrator is permitted to disclose the existence, content, or outcome of any arbitration without obtaining the written consent of both parties beforehand.
The Terms and any related issues, such as the validity, interpretation, and enforcement, will be governed by and construed in accordance with the laws of the State of Delaware. This applies to any party involved in the Terms or the Services, without considering any choice of law or conflict of law rules that could result in applying laws from a jurisdiction other than the State of Delaware.
To initiate an arbitration claim, you need to send a notice to Company by regular and certified mail (return receipt requested) at Nutriwiki, LLC, 16192 Coastal Highway, Lewes, DE 199958, County of Sussex. If Company needs to initiate an arbitration claim, it will notify you at the address you provided at the time of creating the Account or any other address you provided in writing to Company.
Rules for the AMERICAN ARBITRATION ASSOCIATION are available at: https://www.adr.org.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND COMPREHENDED THE PREVIOUS ARBITRATION PROVISION AND CLASS-ACTION WAIVER.
Time-Barred Claims
You agree that any claim or legal action related to your interaction with the Company, including the Services, intellectual property, and the Terms, must be filed within one year after the claim or action arose. Failure to file within this time limit will result in the claim being forever barred, despite any statute or law stating the contrary.
Term and Termination
The Terms will remain in effect for as long as you continue to use the Services subject to Your License and comply with the terms outlined in the agreement. As long as you comply with the Terms, you will be able to continue accessing the Services that you have purchased for the duration of your license.
This provision states that if the Company determines that you have violated the Terms, it may subject you to civil penalties, monetary damages, and immediate termination of Your License to use the Company’s Services. If the Company reasonably suspects that you have violated the Terms, or if you have not paid the fees that are due and payable, the Company may terminate the Terms, Your License, and your Account without notice and deny you further access to the Services. Upon termination, you must stop using the Services and remain liable for paying any amounts due and payable to the Company. The Company may modify, suspend, remove, or disable access to any Services at any time without notice, and you acknowledge that the Company's determination shall be final and conclusive.
Miscellaneous
Relationship of the Parties
Neither the Terms nor any other agreements or terms create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between you and Company.
Notices
All written notices, consents, waivers, and communications regarding the Terms should be delivered via email or first-class mail to your current and accurate email and postal addresses. You are responsible for ensuring the accuracy of your contact information, and the company may use either address to deliver notices. If you need to contact the company, you can do so via email at GNS@nutrihacking.org or by mail at Nutriwiki, LLC, 16192 Coastal Highway, Lewes, DE 199958, County of Sussex. However, this notice provision does not apply to arbitration claims, which have their own notice requirements outlined in the arbitration section.
Modifications
The Company has the right to change and revise the Terms at any time without prior notice, and any alterations will take effect immediately upon being posted on the Site. Such modifications will govern your use of the Company's Services going forward. By continuing to use the Services, you are considered to have accepted any changes to the Terms.
Entire Agreement
The Terms constitute the only and complete agreement between you and the Company regarding your use of the Company's Services, and it supersedes any prior agreements between you and the Company concerning the same subject matter.
Severability
In case any provision of the Terms is found to be invalid or unenforceable by any government law, rule, order, regulation, state or federal court, or arbiter, all the other provisions of the Terms will still be in effect and enforced.
No Waiver; Cumulative Remedies
The Company's failure to enforce any of its rights under the Terms will not be considered as a waiver of those rights or any other rights under the Terms. The Company will not be held responsible for any failure to fulfill its obligations under the Terms due to reasons beyond its control. Except as expressly stated in the Terms, the Company's remedies are not limited to the remedies provided in the Terms and the Company may seek additional remedies available under the law.
No Assignment
You are not allowed to transfer or assign the Terms and any attempt to do so will not be effective. However, the Company has the right to transfer or assign the Terms and all rights without any restrictions.
Force Majeure
Company is not responsible for delays or failures to perform its responsibilities under the Terms or any other terms or agreements due to conditions beyond its control (including but not limited to epidemics, pandemics, other public health emergencies, emergency state or federal orders, natural disasters, viruses, denial of service attacks, strikes, lockouts, blackouts, power outages, system outages, interruption of internet service, work slowdowns or stoppages, fires, war, terrorism (or threat thereof)).
Foreign Access and Export
The Services are controlled and operated in whole or in part by Company in the U.S. The Company does not claim that the content provided as part of the Services is suitable or available for use in other locations, and accessing it from areas where it may be unlawful is prohibited.
The use, export or re-export of the Services is only allowed in accordance with the laws of the United States and the jurisdiction where you reside. Any other use, export or re-export is prohibited.
Compliance with Laws
You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of the Services.
Nondiscrimination Policy and Americans with Disabilities Act Accommodations
The Company does not engage in discrimination against anyone based on protected characteristics such as age, disability, gender, sex (including pregnancy, sexual orientation, or gender identity), national origin, race, religion, veteran status, familial status, genetic information, or any other protected class. The Company supports and follows the principles of equal opportunity.
Acceptable Use Policy
By using any Services, you agree not to post, share, or otherwise communicate any of the following while using any Services:
Content that infringes or otherwise violates Company intellectual property or any other party’s intellectual property;
Content that promotes or depicts discrimination based on race, gender, sex (including pregnancy, sexual orientation, or gender identity), religion, national origin, physical or mental disability, sexual orientation, familial status, and genetic information and/or age;
Content that is illegal, defamatory, harassing, obscene, or otherwise objectionable, which could expose the Company or its users to harm or liability;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, regulations concerning privacy;
Content that mimics the look or function of Company's Services, or is misleadingly similar, or impersonates any individual or entity;
Personal information of any third party, including their address, phone numbers, email addresses, social security numbers, or credit card numbers;
Viruses, corrupted data, or other files that could cause harm or destruction;
Any unauthorized commercial use of the Services, including unsolicited promotions, advertising, or solicitations, collecting email addresses or hyperlinks, or running ads on social media or web applications that link to the Company;
Content that discloses the cost of Company's Services.
This list of prohibited content gives some examples and is not exhaustive.
Live and Virtual Events Policy
Company may, in its discretion, provide you with additional benefits, including certain materials, technological support and other support relating to the Services, and/or invitations to attend live or virtual seminars, conferences, webinars, or other events (“Event(s)”) (collectively, “Student Benefits”).
By attending any of these events, you agree that any media, including photographs, audio or video recordings, taken by or on behalf of the Company are the exclusive property of the Company. The Company has the right to use, publish, display, and exploit the media in any way it sees fit, even if your likeness or voice is captured in the media, without owing you any fees or royalties.
By attending an event, you also waive any rights you may have to sue the Company for defamation, infringement, or invasion of privacy related to the use of the media. Your access to Student Benefits is subject to your agreement to abide by the Terms. The Company can change or terminate Student Benefits at any time without notice.
There are no refunds for failing to attend an Event, unless specifically stated otherwise. If the Company cancels an Event, it will notify you as soon as possible using the contact information you provided during registration. Under no circumstances will the Company be liable for reimbursement of expenses incurred by you, if the Company notifies you or makes reasonable effort in good faith to notify you prior to the date of the Event.