Nutrigoals.com Personal Terms and Conditions of Use
-
General
This is a contractual agreement between you and this site. By registering you agree to be bound by the terms and conditions of this agreement for as long as you continue to be a Member. If you do not agree with any of these terms, do not register as a member of this service. It is important that you read this agreement carefully before registering and using this service. We may from time to time change the terms and conditions that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms and conditions changed. We may change, move or delete portions of, or may add to our Site from time to time.
-
Scope of Use
The material provided by Nutrigoals.com ("Nutrigoals") is for general informational purposes only - Nutrigoals is not a healthcare practitioner. The material is not intended as a substitute for medical and/or health advice and the material should not be relied upon for dieting or for seeking medical and health recommendations. Members are responsible for their own health, diet research and decisions; therefore please consult with your physician or healthcare practitioner before dieting or making any personal health decisions. If you suffer from anorexia nervosa, bulimia or related eating disorders, you are expressly forbidden from using our site.
-
Eligible Users
Nutrigoals is available only to individuals eighteen years of age and older, and to individuals who can form legally binding contracts under applicable law. By using Nutrigoals, you represent and warrant that you meet these criteria and you agree to having the ability under applicable law to enter into a legally binding contract. Minors may not become members. This site may require that users provide sufficient information to indicate that you are at least 18 years old at it's discretion. By registering as a Member, you represent and warrant that you are at least 18 years old.
-
Individual Use
You are only authorized to use this Site for your own individual use, and may not duplicate, download, publish, modify or otherwise distribute any material on Nutrigoals for any purpose other than for your own individual use, unless otherwise specifically authorized by Nutrigoals. You agree not to transfer or resell your use of or access to your program to any third party.
-
Linked Sites
This site may contain links to other web sites ("Linked Sites"). Nutrigoals does not operate or control any information, products or services on the Linked Sites, and neither endorses nor approves any products or information offered at Linked Sites. Linked Sites are used at your own risk.
-
Pricing
In the event that a product or service is listed at an incorrect price due to typographical error or error in pricing information received from others, Nutrigoals shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. Nutrigoals is not responsible for typographical or photographic errors.
-
Period of Membership
With the exception of special offers, the Initial Enrollment Period depends on the enrollment program you have chosen. At the end of the Initial Enrollment Period, your membership is automatically renewed based on your program until you cancel the account.
-
Payment
You agree to enroll for an Initial Enrollment Period. This may vary depending on the enrollment program you have chosen. Once you have provided your credit card details, your enrollment will be processed and your card will be charged. Membership is automatically renewed based on the plan you have chosen. Renewal will continue until you cancel your account. Members are financially responsible for all associated renewal fees.
-
Cancellation
Cancellation policies are dependent upon the enrollment program you have chosen. To cancel your account:
- Log into Nutrigoals
- Go to "My Profile", Click on "CANCEL SERVICE"
- Or
- Fax cancellation request to (201) 891 0459
-
General Terms and Conditions
You agree to:
- Maintain the security of your Username, password and other confidential information relating to your Nutrigoals account;
- Be responsible for the status of your account, including the cancellation of your account before your next billing period;
- Be responsible for all charges made by you to Nutrigoals for the use of your account, including unauthorized use prior to your notifying Nutrigoals of such use, and taking steps to prevent its further occurrence by changing your password. Any disputed charges must be made within 60 days by contacting our Help Desk;
- Update your personal information, including email address and current credit card information. Members must provide a valid email address.
-
User Generated Content
You agree to comply with all laws applicable to content you generate on the Site. Furthermore, you agree that any content you add to the site will not be misleading, fraudulent, defamatory, libelous or offensive and that it will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights.
-
ACCEPTABLE ONLINE CONDUCT
As a Member, you acknowledge and agree the following rules of conduct:
- You will use the service in a manner consistent with any and all applicable laws and regulations.
- You will not include any of the following information in your profile telephone numbers, street, addresses, last names and offensive sexually suggestive material or language.
- You will not engage in advertising or solicitation to other members to buy or sell any products or services.
- You are solely responsible for your interactions with other members.
- You will not transmit any chain letters or junk E-mail to other members.
- You may not authorize others to use your membership.
- You may not assign or otherwise transfer your account to any other person or entity.
- You are solely responsible for the content of information you publish or display on Nutrigoals.
- You will not post, distribute or reproduce any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- Your usage of the site is at the discretion of the System Administrator(s).
- Inappropriate conduct is not allowed. What is considered inappropriate conduct is at the System Administrator's discretion. It includes but is not limited to: vulgar or inappropriate language, repeated unwanted contact with members, rude or belligerent behavior.
-
Warranty Disclaimer
Access to and use of the services is at your own risk. The services are provided on an 'as is' and 'as available' basis. Nutrigoals does not warrant that the site or any of it's services will be uninterrupted or error-free, including temporary site unavailability or short term server crashes. If you experience ongoing technical problems, please contact our Help Desk.
-
Waiver, release and limitation of liability
You agree that neither Nutrigoals, nor its affiliates, subsidiaries, officers, directors, employees, agents, consultants or information providers or suppliers, shall have any liability to you under any theory of liability or indemnity in connection with your use of Nutrigoals. You hereby release and forever waive any and all claims you may have against Nutrigoals, its officers, directors, employees, agents, consultants, information providers or suppliers for losses or damages you sustain in connection with your use of Nutrigoals. The total liability of Nutrigoals and its officers, directors, employees, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of Nutrigoals are hereby excluded even if Nutrigoals or its officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. Void where prohibited by law.
-
STATE BY STATE VARIATIONS.
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
-
GENERAL PROVISIONS
You agree that New Jersey law (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the federal and state courts in New Jersey. This Agreement, accepted upon registering for the service, contains the entire agreement between you and this site regarding the use of the Service. This Agreement may only be amended upon notice by this site to you, or by a writing signed by you and an authorized official of the site. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
-
Termination
This Agreement is effective unless and until terminated by Nutrigoals. Nutrigoals may terminate this Agreement at any time without notice to you, and accordingly deny you access to the Site in our sole discretion if you fail to comply with the Agreement. Upon any termination of this Agreement by Nutrigoals, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials. In addition, by providing material on our Site, Nutrigoals does not in any way promise that the materials will remain available to you. Nutrigoals may terminate all or part of its Site at any time without notice to you.
-
Remainder of Agreement
You agree that in the event any portion of these Site terms of use is found to be unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect.
-
Modification
Nutrigoals may modify these terms by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current terms of use to which you are bound.
-
COPYRIGHT POLICY
Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement:
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights nor other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may also in our sole discretion decide to terminate a user's rights to use or access to the Site prior to that time if we have a good faith belief that the alleged infringement has occurred.
Site Contents
Unless otherwise noted, all materials, including images, graphics, illustrations, design, icons, photographs, data (including member data), text and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, and/or other intellectual properties owned, controlled or licensed to or by Nutrigoals. This site as a whole is protected by copyright and trademark, all worldwide rights, titles and interest in and to which are owned by Nutrigoals. This Site and its Contents are controlled and operated by Nutrition Matters, LLC.
Nutrigoals grants you a limited license to access and make personal use of this site. You may not download (other than page caching) or modify any portion of our site, except with express written consent of Nutrigoals. You may not use any part of this site for commercial or resale use; this includes, but is not limited to, logos, images, text, and data. You may not use data mining, robots, or similar data gathering and extraction tools. The contents of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Nutrigoals. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nutrigoals without express written consent. You may not use any meta tags or any other "hidden text" utilizing Nutrigoals.com's name or trademarks without the express written consent of Nutrigoals. Any unauthorized use terminates the permission or license granted by Nutrigoals. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Nutrigoals so long as the link does not portray Nutrigoals or its products and services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Nutrigoals logo or other proprietary graphic or trademark as part of the link without express written permission. You may not publish (either electronically or otherwise) the comments posted by our members within our discussion forum. These comments are considered Contents of the Site and are subject to the same limited license and restrictions as the rest of Nutrigoals.
Please note that the permission grant herein terminates automatically if you breach any of these terms and conditions. Any other use of the Contents on this Site including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of Nutrigoals, is strictly prohibited.
-
How to contact us
You may contact Nutrigoals at any time by writing to our Help Desk or call (917) 603-8498.
Be sure to cancel your account before the end of your current billing period to avoid further billings - cancellations do not apply retroactively. Refunds policy may vary depending on the program that you have chosen.
If you need assistance canceling your account, please write to our Help Desk at least 5 business days before the end of your Current Billing Period. Be sure to include your username and the email address you registered with in your request. You will receive a reply from the Nutrigoals Support Team as well as an automated reply confirming the cancellation. If you do not hear from us after 5 business days, you need to contact us again as we may not have received your request. While we can assist you, you are ultimately responsible for the maintenance of your account and for updating its status.
