Terms & Conditions

The website and app nutriology.io (hereinafter “platform”) is owned and operated by Nutriology, a Virginia Limited Liability Company (hereinafter “we” “us” “our”). Your use of our platform constitutes acceptance of the terms, and you acknowledge you have read them. You also understand that we may update these terms from time to time, and will provide notice via email of any material changes made to the Terms & Conditions.

1. Purpose 

    1. The purpose of Platform is solely to provide educational information; any content on this platform or provided as a result of your decision to opt-in to our email list has been created solely for the purpose of education and for informational purposes only. By visiting Platform, you agree and understand that this content is made available to you as a self-help tool only. Nothing on this platform or distributed via email is intended to take the place of a consultation with a physician, dietician, nutritionist, counselor, medical professional of any kind, or other professional.
    2. Nutriology is not a doctor, therapist, counselor, dietician, or other professional; User agrees he or she will consult with his or her personal doctor or other professional prior to or in addition to utilizing information found on this platform, and such information will not substitute for any consultation with User’s own professional. The information contained on Platform or via emails, or available through our products, programs, and services is not intended to be a substitute for any professional, personal advice, nor is anything contained herein designed to provide you with a medical diagnosis, treatment, or other medical services. 

2. Platform Use

    1. To access or use our Platform, you must be 18 years or older and have the requisite mental capacity to enter into these Terms & Conditions. By using this Platform, you represent that you are at least 18 years old, and that you agree to be bound by these terms and conditions. Any use of this platform by anyone under 18 constitutes an unauthorized use and a violation of these terms and conditions; we do not authorize use of this Platform by anyone under 18.
    2. Please note these Terms & Conditions may be subject to changes or updates at any time, and Platform may not provide notice of such changes or updates. We reserve our right to make any changes or updates at any time, and the requirement is on the user to routinely check these Terms & Conditions for updates. By continuing to use our Platform and the content we produce, you confirm you agree to be bound by the Terms & Conditions as they appear, whether or not you have read them. If you are not in agreement with these Terms & Conditions, please do not use our Platform or any of the Content that appears thereon.
    3. If you purchase a Program, Product, or Service from us, you will also enter into one or more separate agreements with us, and are subject to the terms outlined in the Terms of Use associated with the program purchased, which shall prevail in the event of a conflict or issue. All online purchases through us carry additional Terms of Use relating to the product being purchased, with your purchase of the product or service constituting acceptance and agreement to adhere to these additional terms.  All private coaching packages require signature of an additional Agreement outlining the terms and guidelines therein as well.

3. Voluntary Participation

    1. By choosing to visit this site and read the information provided, you understand and agree that you are voluntarily choosing to read, implement and/or participate in the use of Platform and any information contained herein, and are solely responsible for any outcomes or results (positive or negative.) We cannot be responsible for any action you may choose to take regarding the information provided, and you acknowledge and agree that we are not responsible nor liable to you should you sustain any financial harm, physical injuries or any negative ramifications. The information contained on Platform is intended as general information only; we cannot know your individual situation, and do not claim to know what may or may not work for your personal situation. As such, you agree that any decisions you make to implement or follow anything you find on Platform are wholly your own.

4. Information You Provide

    1. In order to gain access to our email list, you may be required to provide information about yourself, including your name, email address, and other personal information. In order to purchase products or services, you will also be required to submit payment information and a billing address, and may be asked to create a username and password to gain access to your purchased materials. Please note you are responsible for keeping track of your username and password, and understand that you bear the consequences should you choose to share this confidential information with anyone.
    2. You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, you agree and represent that any information provided to us through the Platform or a third-party payment processor will be accurate and current, and belong to you. You understand you may not hold yourself out as someone else or use anyone else’s information, and agree to bear the consequences should you use anyone else’s information as your own.
    3. You also agree that you are to remain financially responsible for any purchases made through our Platform by you, or by another person acting on your behalf, regardless of the information provided at checkout. Should information become available at a later date confirming you performed unauthorized use of a credit card or other payment information belonging to someone other than yourself, you understand and agree that you alone remain financially responsible for purchases made through our Platform.

5. Use of Free Materials or Content

    1. At times you may be offered a free download or printable, as a gift or opt-in offer, in exchange for your name and email address. Should you choose to download or print this material, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the material, you agree and understand that you will provide Nutriology credit, will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise), from our materials.

6. Your Conduct

    1. Should you choose to post anything on our Platform, social media pages, webinars, or otherwise, you are hereby agreeing and acknowledging you will not post anything that could harm us or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. You understand that if you make the decision to post content that constitutes cyber bulling, your comments will be removed immediately, and we reserve our right to take action against you to the full extent of applicable laws.
    2. You may use our Platform for lawful purposes only, and agree you will not post, comment, or otherwise transmit any content which infringes the rights of another, and agree to hold us harmless should you do so. You also agree and understand you are not to post any content which would constitute a criminal offense, use the Platform or content for fraudulent or unlawful purposes, create civil liability, is repugnant, constitutes a violation of another’s intellectual property rights, is vulgar or obscene in any way, or is otherwise objectionable. You agree that we are the sole decider in whether content you post is objectionable, and have the unilateral right to remove any content you post, without explanation or ramifications. You also understand that we may be obligated to take further legal action, based upon information you post, and reserve our right to do so. Should a third party choose to take legal action against you, as a result of something you posted on our Platform, you agree to hold us harmless and fully indemnify us of any legal ramifications or actions.

7. Licensee / Licensor Rights: Our Limited License to You

    1. Your ability to view Content on our Platform grants you a limited, revocable, non-transferrable license to use the information available to you for your personal, non-commercial use only. Should you decide to purchase a product, package, or service from our Platform, you will also be granted a limited license to use the information contained therein, as outlined in the Terms of Use or Client Agreement associated with each product or service available for purchase.
    2. As a licensee, you understand and agree that you will not: 
      1. Copy, edit, distribute, duplicate or steal any information on our Platform, or any Content therein, including that which has been posted by a third party, whether or not you have purchased the information. 
      2. Use, post, distribute, copy, steal or otherwise use any portion of our Platform, including content or products, without express, written permission provided by Nutriology and understand that any such use may constitute infringement, which may give rise to a cause of action against you. 
      3. Hold any of our Content out to be your own, and understand that doing so constitutes stealing and is a violation of our intellectual property rights. 
      4. Share purchased materials, information, content with others who have not purchased them.
      5. Use any portion of our Platform, including all Content, information, and purchased materials, in any commercial manner such that you make, may make, or intend to make a profit from it.   
      6. You further acknowledge and understand that any such actions including but not limited to those outlined above will likely constitutes infringement of our work, and a violation of these Terms and Conditions and United States Federal laws, and we reserve the right to prosecute this infringement to the full extent of the law.
      7. Any requests for written permission to use any content posted on our Platform shall be made before you wish to use any such content, and may be made by sending an email with your written request to info@nutriology.io.

8. Licensee / Licensor Rights: Your License to Us

    1. You may be able to post your original content to our Platform, including but not limited to blog comments, testimonials, or photos. You may also have the opportunity to respond to generated emails with comments or feedback, comment on a social media live stream, webinar, or any other medium where content is distributed in a manner that allows for participation or feedback. By posting any sort of information, you represent you are the owner of anything you post, and are at least 18 years of age.
    2. When you submit or post any such information, you also agree and understand that you are assigning and/or licensing us and anyone else authorized by us, the irrevocable, unlimited, royalty-free, perpetual, non-exclusive, unrestrictive, worldwide license to use, distribute, sell, copy, edit, exploit, or otherwise publicly disseminate any information or content you post, in whole or in part, with or without identifying you as the author of the original post or comment. If we so choose to identify you, you also grant us the right to identify you as the author of any comments, posts, or the like by name, email address, screen name, or any other reasonable manner of identification.
    3. You agree you are wholly assigning any intellectual property ownership rights to us by your action and decision to post on our Platform, or otherwise provide us with content, with access to our Platform constituting good and valuable consideration in exchange for these intellectual property rights. You understand that should any of your comments or posts be used, in whole or in part, you are not entitled to any payment and will not request any form of payment or favorable treatment in return.
    4. Testimonials: Our Platform may feature testimonials from clients, in order to provide readers with comments, feedback, and information from others’ experiences with our services, platform and products. While all information, photos, and quotes used are from actual clients, sharing their real, honest opinions of our platform and services, these testimonials are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial on our Platform, you do not expect the same results, and understand this information is not a guarantee. You also understand and agree that the individuals featured may have different medical history and health status, and what worked for them may not work for you; you agree to use common sense, and consult your personal medical provider before beginning any program we offer, and/or before implementing any information found on Platform.

9. Intellectual Property Rights

    1. This platform contains original work that has been created with creativity, originality, dedication, care, detail, planning, and creative thinking. This collection of work is considered intellectual property created and owned by Nutriology and is protected under Federal Intellectual Property Laws, which prevents unauthorized use of our materials. These materials may include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Platform and within the content provided, including but not limited to platform design, layout, photographs, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on Platform, to the extent protectable, and any and all other information accessible through this Platform, which constitutes proprietary information. This protection also includes any and all content that appears on the Platform, including blog posts, program names, and any other text whether or not authored by us. All proprietary information and content hereinafter identified as (“Content”).

10. Accuracy 

    1. Although we have spent considerable time and effort in creating the products on nutriology.io and the content provided herein, you understand and acknowledge that we are not responsible nor liable for any errors, omissions, or liability as a result of any loss or damages incurred as a direct or indirect result of your use of Platform content or our products. You also understand there may be inadvertent typographical errors or inaccuracies. By your use of this platform, you acknowledge and understand this information, and agree you have chosen/will choose to utilize our Platform and/or our products voluntarily. You agree that we are not responsible for the accuracy of our Platform, or for any errors or omissions that may occur on the site or in our products. 
    2. You understand your obligation to provide only authentic, accurate information to us, including your name, email address, and payment information, should you choose to purchase a product. You understand and agree that should any information provided prove inaccurate, and any issues or damages arise from your giving us false or inaccurate information, you may be liable for any subsequent damages that occur as a result. 

11. Testimonials

    1. Platform may feature testimonials from clients in order to provide readers with additional comments from others’ experiences with Platform, Nutriology, and products or services offered. While all information, photos, and quotes used are from actual clients, sharing their real, honest opinions of our platform and services, these testimonials are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial on our Platform, you do not expect the same results, and understand this information is not a guarantee.

12. Affiliates and Endorsements 

    1. We may choose to partner with, promote, become an affiliate of, or otherwise engage in a joint venture with another individual or company whom we feel aligns with our products or services. You understand that should an affiliate or joint venture program be featured on our Platform, we may receive financial compensation or other payment as a result. Please note we will only feature or promote coaches, businesses, or products that we whole heartedly agree with and believe in, and genuinely believe will help our audience. 
    2. You understand and agree that you must use your own judgement with respect to determining whether any promotion of another product is right for you and your business. Our decision to promote, suggest, or reference another service indicates nothing more than an acknowledgement that we respect or appreciate the business, person, or service. Your decision to use or purchase from such a promotion is yours alone, and you understand we have no involvement in your decision, nor shall we have any liability should you purchase from a promoted product and become unsatisfied. You agree and understand we have no liability, and you will hold us harmless should this occur. 
    3. References to other coaches, information, events, services, products, opinions, or companies on our Platform, blog, or emails is meant purely as a way to share information, not as an endorsement or suggestion that you purchase or use whatever is being mentioned. We are not responsible for any information, content, emails, products, programs, or services of any other person, business, or entity that may be referenced on our Platform. 

13. Online Purchases

    1. You understand that should you elect to make a payment through our platform, information obtained during your purchase, including name, address, credit card information, method of payment, billing information, and other personally identifiable information may be collected by us, as well as our payment processing company.
    2. You also understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our products to you. Should your payment fail to process, we reserve the right to withhold the purchased product from you unless and until payment is properly rendered.
    3. Limitations of Liability: We will take reasonable precautions and measures to keep this information private. While we will attempt to monitor and resist any third party hacking or third party ability to gain access to confidential information held by us, you agree and understand we are not liable for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.
    4. You also acknowledge and agree that we have no responsibility or liability for policies of third-party payment processing companies we select and use to facilitate purchases through our Platform. When you make a purchase on our Platform, please note you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company, in addition to ours. For more information, we encourage you to visit the platform of the payment processing company, and read their policies and terms and conditions as well. You agree to release us as well as the payment processing company we choose from any damages you incur as a result of this process, and agree not to file or assert any claims against us or the payment processing company arising from your purchase of a product through our Platform.

14. Technology Disclaimer

    1. By using our Platform, you understand and agree that Nutriology makes no guarantees or warranties regarding the condition of Platform, including functionality, existence of viruses or other components that may harm users’ computers, uninterrupted use, constant access and availability, and the like.
    2. We will make every effort to make our Platform available to you at all times; however, from time to time the Platform may be down for maintenance, repairs, or any other reason, known or unknown to you, and you agree and understand that this may occur without explanation. Should this occur, you understand, agree, and acknowledge we are not liable for any damages, losses, interruption in your business, or other inconvenience sustained by you as a direct or indirect result of the unavailability of our Platform. 

15. Limitation of Liability 

    1. You understand and agree that your participation in using our platform and/or adding yourself to our email list is wholly voluntary, and you are solely and personally responsible for your actions, choices, and any results therein. You understand there are sometimes unknown risks and circumstances that may arise during or following use of our Platform or products, that cannot be foreseen or anticipated, but may influence or affect your business or you as an individual. You understand and agree that any suggestion or recommendation of a product, service, coach, or otherwise through our Platform is purely information – any decision to act upon these suggestions is to be taken by you, at your own risk, without any liability on the part of Nutriology. You agree to accept all risks herein. 
    2. Your use of this Platform constitutes an agreement and acceptance that you will absolve Nutriology as well anyone acting as an agent, consultant, affiliate, guest blogger, joint venture partner, employee, staff, team member, or anyone affiliated with Us in any way of any liability for any loss, damage, injury, or litigation that you or any other person may incur from direct or indirect use of the information, content, or products found on our Platform or via materials requested through email. 
    3. You understand and agree that We are not to be held liable for any type of direct or indirect damages arising out of your use of our Platform, any information contained herein, or any products or services purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You also agree that we are not liable or responsible in any way for any loss incurred by you or your business, including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer failure, computer virus obtained by use of our Platform, technical glitch or failure, defect or delay, or any other similar issue. You agree that your decision to use our Platform is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone. 

16. Indemnification 

    1. You agree at all times to defend, fully indemnify and hold harmless Nutriology and any affiliates, agents, team members or other party associated with it from any causes of action, damages, losses, costs, expenses incurred as a result of your use of our Platform or any products or services contained therein, as well as any third party claims of any kind (including attorney’s fees) arising from your actions in relation to our Platform or any breach by you of any such conditions outlined herein. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge. 
    2. We will attempt to monitor comments and posts made by third parties and users as often as possible. Should you, as a user of our Platform, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content posted by the third party. You understand we cannot be responsible for material posted by a user without our control and agree to release us of any and all claims arising therefrom.
    3. Should you choose to utilize information offered on our platform, whether free or for purchase, you understand that we are not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on our Platform, or from products or services purchased therefrom. You also understand and agree that we are not liable for any damages incurring as a result of your reliance or use of information on our Platform written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Platform. 

17. Warranties

    1. You understand and agree that we make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Platform, the content herein, content distributed through email lists, social media, via webinars, or that which is made available through purchase via our membership site. By use of the Platform, you agree and understand that use of content and information found herein is to be taken “as is” and used at your own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise. 

18. Release of Claims

    1. You also agree that under no circumstances will we be liable to any party for any type of damages resulting or claiming to result from any use of or reliance on our Platform or any information or Content found therein, and you hereby release us from any and all claims whether known now or discovered in the future.

19. Dispute Resolution

    1. These Terms and Conditions shall be governed by the laws of the state of Virginia. Should any dispute arise, you agree to resolve any claim or controversy arising out of or relating to these Terms and Conditions by Arbitration and/or a suitable Alternative Dispute Resolution in Fairfax County, Virginia regardless of your location, and agree to be bound by the decision(s) of the selected Mediator. You also agree to participate in good faith in the mediation process, with failure to do so creating our right to pursue any other available legal remedies, including but not limited to alternate forms of dispute resolution or litigation.
    2. Should an arbitrator determine any portion of these Terms and Conditions is invalid or otherwise unenforceable, you agree all remaining portions of these Terms and Conditions shall remain valid and unaffected by the removal of any portion of these Terms and Conditions.
    3. These Terms and Conditions constitute the entire agreement between us with respect to your use of our Platform, content, and products, and supersedes any other agreement, with the exception of any separate agreements, including Terms of Use, entered into by virtue of your decision to purchase any products available on our Platform. Nothing on our Platform nor any communications between us is to be construed as a waiver of any of the above, nor shall we have waived any portion of these Terms and Conditions absent express, written information by us expressly stating otherwise.
    4. You understand and acknowledge you will likely be in violation of these Intellectual Property laws should you copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property on the Platform, without our express written consent. If such behavior is discovered or suspected, we reserve the right to immediately revoke your access to our Platform, as well as any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

20. Termination

    1. You agree and understand we have the right to refuse or immediately terminate your access to our Platform at any time, for any reason, with or without notice. If you made any purchases and we determine you are entitled to receive or allowed continued use of the purchased information, we will make this information available to you.

If you have any questions regarding the Terms & Conditions, or would like to remove or update the information you have provided, please contact us at info@nutriology.io.