Effective: September 24, 2016
Last modified: August 12, 2020
Use of the Service
General: Subject to the terms and conditions of this Agreement, and during the term of this Agreement, Nutrimedy grants you a non-exclusive and non-transferable right to access and use the Service in accordance with the terms of this Agreement, and any documentation made available to you by Nutrimedy solely for purposes of your personal use of the Services. This Service is limited to users in the United States and Canada. The Service is enabled by technology, software and certain content delivered electronically. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of the Services, including any and all technology, software and content. You will not copy, reproduce, alter, create derivative works from, or otherwise modify the Services, including any and all technology, software and content. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the Services. Other than as expressly set forth in this Agreement, no license or other rights in or to the Services are granted to you, and all such licenses and rights are hereby expressly reserved.
The Service has been designed by Nutrimedy with the purpose of assisting people achieve their health goals through healthy lifestyle choices and behavior. We encourage you to consult with your healthcare provider before commencing the Services. You represent that you are in good enough health to begin these 9/20/189/20/18 Services, which may include changes to your diet or level of physical activity, among other things. If you have been diagnosed with a chronic disease or other health condition, you represent that you have obtained the express approval from a healthcare professional to receive the Services before beginning. The Service requires your active engagement and participation. You understand that, despite your efforts, individual users' results will vary for a variety of reasons and Nutrimedy cannot guarantee that you will achieve your health goals.
ABOUT THE SERVICE
Dietitians: Nutrimedy facilitates your matching with a dietitian who will consult with you via video conference, or other online tools. We strive to maintain the client-dietitian relationship throughout your use of the Service but reserve the right to change your dietitian at any time. Our dietitians provide you with peer-to-peer support, encouragement and practical tips to help overcome barriers to meeting your health goals.
NOT MEDICAL ADVICE
Though Users may seek and access medical advice through the Services, the Services themselves, and all related content, do not consist of, nor provide, medical advice and are not a substitute for medical advice. Results, such as those based on calorie counts or projected weight loss, may vary. Always seek the advice of a licensed medical provider before undertaking any weight loss plan or altering your diet or exercise for any medical condition. Reliance on any information provided by or found on the Services is purely at your own risk. To the extent Users access medical advice through the Services, the dietitian is solely responsible for all advice, diagnosis, treatment, prescriptions or other exchanges that may occur between such dietitian and User. Nutrimedy is not liable for any action or inaction of such dietitian, regardless of whether a User accesses such dietitian through the Services.
IT IS IMPORTANT TO UNDERSTAND THAT THE SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE BY THE COMPANY. NUTRIMEDY IS NOT A LICENSED MEDICAL CARE PROVIDER. YOU SHOULD NOT CHANGE YOUR TREATMENT OR CARE PLAN, MEDICATION OR THERAPY BASED ON INFORMATION YOU RECEIVED THROUGH THE SERVICES OR FROM ONE OF OUR DIETITIANS WITHOUT CONSULTATION WITH YOUR PHYSICIAN FIRST. CONSULTATION WITH OUR DIETITIANS IS SUPPLEMENTAL TO ANY TREATMENT OR CARE PROVIDED BY YOUR PHYSICIAN OR HEALTH CARE PROVIDER AND SHOULD NOT REPLACE REGULAR MEDICAL VISITS WITH YOUR HEALTHCARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PRACTITIONER REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. INFORMATION PROVIDED BY OUR DIETITIANS IS OFFERED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY DRUG, DEVICE OR TREATMENT OR REPRESENTATION THAT A PARTICULAR DRUG, DEVICE OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. QUESTIONS REGARDING ANY DRUG, DEVICE OR TREATMENT SHOULD BE DIRECTED TO YOU HEALTHCARE PROVIDER. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH OUR SERVICES. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. ALTHOUGH DIETITIANS THROUGH NUTRIMEDY ARE AVAILABLE TO PROVIDE DIETARY COACHING, THEY DO NOT PROVIDE EMERGENCY SERVICES. THE SERVICES DO NOT INCLUDE EMERGENCY, TIME SENSITIVE OR URGENT, REMOTE OR CRITICAL CARE SERVICES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.
If you want to access and use the Services, you must create an account (“Account”). It’s important that you provide Nutrimedy with accurate, complete and up-to-date information for your Account. If you do not, your Account may be suspended or terminated. You agree that you will not disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them. We are committed to protecting the privacy of children and have no intention of collecting personal information from individuals under the age of 18. No one under the age of 18 is permitted to set up an Account and/or submit personal information to the Services. A parent or legal guardian may set up an Account and use the Services to consult a dietitian on behalf of their child.. Children under the age of 13 are strictly prohibited from the use of Services or to set up an Account. ONLINE CONTENT DISCLAIMER
Term and Termination. The term of this Agreement will begin upon your successful registration for the Service and will continue indefinitely unless terminated by either party as permitted herein. The Company may suspend or terminate your access to the Service if you (a) breach any term of this Agreement, or (b) engage in any conduct that the Company determines in its discretion may have an adverse effect on the Company or its reputation. Upon termination, you will no longer have access to the Service or the dietitians via the Service, mobile application or content provided through the Services. In addition to termination, the Company reserves the right to pursue any and all remedies available to it.
Use Restrictions. Your permission to use the Services is conditioned upon the following. You agree that you will not, under any circumstances:
1. Post any information that is abusive, threatening, harassing, obscene, defamatory, libelous
2. Use the Services for any unlawful purpose or for the promotion of illegal activities
3. Attempt to, or harass, abuse or harm another person or group
4. Use another User’s Account without permission
5. Provide false or inaccurate information when registering an Account
6. Interfere or attempt to interfere with the proper functioning of the Services; or racially, sexually, religiously, or otherwise objectionable and offensive; activities
7. Make any automated use of the Services, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; bypass any robot exclusion headers or other measures we take to restrict access to publish or link to malicious content intended to damage or disrupt another User’s the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data; or browser or computer
Further, when transmitting and submitting any User Content (as defined below) while using the Services, you agree as follows:
1. You are solely responsible for your account and the activity that occurs while signed in to or while using your account
2. You will not post information that is malicious, false or inaccurate
3. You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Services is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Services.
Fees. Services fees for individual video sessions will be paid in accordance with set U.S. dollar rates and Canadian dollar rates and upon appointment confirmation from the dietitian. Service fees for Nutrimedy programs or platform only use must be paid in full prior to starting a Nutrimedy program or prior to each 30 day cycle. We provide no guarantee that your dietitian visits will be reimbursed by your insurance carrier. There is a 12 hour cancellation policy which dictates that no refunds of any kind will be granted to a User if a visit is cancelled with notice less than 12 hours prior to the visit start time. If a User arrives late to a visit, the dietitian is under no obligation to extend a visit beyond the initially scheduled visit end time or to reschedule the visit. Under these terms of service, a dietitian is not obligated to provide any ongoing communication to a User after 14 days from the date of the last paid video conferencing visit. You acknowledge that access to the Service may be suspended after 30 days from the last paid video conferencing visit. All Service Fees are exclusive of any tax, levy, or similar governmental charge that may be assessed. You are solely responsible for all taxes based upon the provision, sale or use of the Services, excluding any taxes based on the Company’s net income. All pre-purchased packages are nonrefundable 48 hours after purchase and expire 12 months from the date of purchase.
Registration. You will provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Company account. You shall not use a false nature, e-mail address, phone number, address, or otherwise enter information with the intent to impersonate another person.
Content. The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. This Service may provide information about health and wellness and certain health conditions. However, nothing on this Service should be construed as providing any kind of medical advice or recommendation, and should not be relied on as the basis for any clinical decision or action. Patients should not use the information contained on the Service for diagnosing a health problem or disease. Medical advice should always be sought from a qualified medical practitioner. We disclaim all liability and responsibility arising from any reliance placed on such materials by you.
User Content and License Grant. You understand and acknowledge that you are solely responsible for all information, data, text or other materials or content that you post, transmit privately or make public via the Services (“User Content”) and that Nutrimedy is not responsible or liable for this information. When you post, transmit or make information public through the Services, you grant Nutrimedy a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Services at its discretion.
Service Access and Changes. We reserve the right to withdraw or amend this Service or materials we provide in connection with the Service, in our sole discretion. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service to users. We also may update the content on this Service from time to time, and we make reasonable efforts to maintain current information. However, we cannot guarantee that the content is complete or up-to-date.
Intended for Users Over 13. The Service is not for use by individual under the age of 13. We will not knowingly collect information or provide Services to anyone under the age of 13.
Indemnity. You agree to defend, indemnify, and hold the Company, its officers, directors, partners, employees, contractors, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Service.
Copyright Complaints and Copyright Agent
(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act and the Bill C-11 (Copyright Modernization Act) of the Canadian Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users of the Services who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Services infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) and the Copyright Modernization Act (see Bill C-11) by sending the following information via electronic mail to the Company’s designated copyright agent at: :
1.The date of your notification;
2.A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
3.A description of the copyrighted work claimed to have been infringed, or, if owner of an exclusive right that is allegedly infringed; multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4.A description of the material that is claimed to be infringing or to be the subject of
5. Information reasonably sufficient to permit the service provider to contact you, infringing activity and information sufficient to enable us to locate such work; such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the
7. A statement that the information in the notification is accurate, and under penalty manner complained of is not authorized by the copyright owner, its agent, or the law; and of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Services is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed.
4. Your name, address, telephone number, and email address, a statement that you result of a mistake or a misidentification of the content; and consent to the jurisdiction of the federal court in Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed content may (in the Company’s discretion) be reinstated to the Services in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
DISCLAIMER. NUTRIMEDY IS NOT A MEDICAL ORGANIZATION. YOU SHOULD NOT CONSIDER THE SERVICE OR THE DOCUMENTATION AS MEDICAL ADVICE OF ANY KIND, AND THE SERVICE IS NOT INTENDED TO TREAT ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION OR MANAGE A CHRONIC DISEASE OR CONDITION. By using the Service, you expressly agree that use of the Service is at your sole risk. The Service is provided on an “AS IS” and “as available” basis. NEITHER The Company nor its officers, directors, managers, members, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Affiliates”) warrant that use of the Service will be uninterrupted or error-free. Neither The Company nor its Affiliates warrant the accuracy, integrity or completeness of the content provided on the Service or the products or services offered for sale on the Service. Further, The Company makes no representation that content provided on the Service is applicable to, or appropriate for use in, locations outside of the United States or Canada. The Company and its Affiliates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by The Company or its Affiliates will create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.
Void Where Prohibited. The Service is intended for users in the United States and Canada.The Service is not available to all persons or in all geographic locations. Any offer for any feature, product or service made on the Service is void where prohibited.
Governing Law. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Delaware, and waive any objection to such jurisdiction or venue.
WAIVER OF TRIAL BY JURY: EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE.