Terms & Conditions

To contact Nutrifitx:

Email: contact@olencapital

Last Updated: May 2021

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions (the “Terms”) govern your access or use of the nutrifitx.co website (the “Website”), the Nutrifitx members portal, and any other applications, websites, content, products, and services (collectively, the “Service”) made available by Nutrifitx or its representatives, affiliates, officers, or directors (collectively, “Nutrifits,” “we,” “us,” or “our”). By using or accessing the Service, you agree to these Terms. If you do not agree to these Terms, please do not use the Service or use Nutrifitx’s products or services, and, if applicable, cancel your registered user account or subscription with us.

PLEASE READ: THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS BY REQUIRING ANY DISPUTE BETWEEN YOU AND NUTRIFITX, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING ARBITRATION OR AN INDIVIDUAL BASIS AND REQUIRING YOU TO FORGO JURY TRIALS, CLASS OR INDIVIDUAL BASIS AND REQUIRING YOU TO FORGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDING, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

(1) Binding Arbitration & Class Action Waiver

Mandatory Binding Arbitration:

By agreeing to these Terms, you agree that all disputes, claims, or causes of action arising from or related to the Services or these Terms, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), will be resolved through confidential, binding arbitration and not in a court of law in any jurisdiction, and not in a class, collective, representative, or consolidated action or proceeding, as further set forth below.

You and Nutrifitx agree that the Federal Arbitration Act (Title 9, US Code) (the “Act”) shall govern any controversy or claim related to the Service or the Terms, including the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, notwithstanding any choice of law or other provision in the Terms. It is the parties’ intent that the Act and the rules promulgated by JAMS Mediation, Arbitration, and ADR Services (“JAMS”) shall preempt all state laws to the fullest extent permitted by law. You and TIU further agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resole any disputes concerning the interpretation, applicability, enforceability or formation of this Arbitration Agreement. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement, in wholeor in part, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Class Action Waiver:

You acknowledge and agree tha tou and Nutrifitx are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Nutrifitx agree in writing, any arbitration will be conductd only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the entirety of the Arbitration Agreement set forth in this Section 1 shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.

Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, you and Nutrifitx each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright rights, trade secrets, patents, or other intellectual property rights.

Opt Out Procedure:

You can choose to reject this Arbitration Agreement by sending us a written opt out notice (“Opt Our Notice”) within 30 days following the date you first agree to these Terms, by email at contact@nutrifitx.co or by mail at Nutrifitx, PO Box 1262, DeRidder, LA 70634. If mailed, the Opt Out Notice must be post marked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt Out Notice must contain your name, address, and signature. If you opt out of the Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may enter with Nutrifitx.

Rules & Procedures:

Arbitration proceedings will be administered in accordance with the Act and the rules promulgated by JAMS and any supplementary rules then in effect (the “JAMS Rules”), except as modified by these Terms. Discover in said arbitration shall be limited in scope to the specifics of liability on the Dispute, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control.

Arbitration may be conducted in person, through the submission of documents, by phone, online, or in person in DeRidder, Louisiana or at another mutually agreed location. All Disputes shall be resolved by one arbitrator; however, for Disputes exceeding $5,000,000, upon your or Nutrifitx’s request, the Dispute shall be decided by three Arbitrators. Payment of all filing administration, and arbitrator fees will be goverened by the JAMS Rules. We will reimburse those fees for claims totaling less than $10,000, unless the Arbitrator finds your Dispute frivolous.

All arbitration hearings shall commence within ninety(90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the Arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the Arbitrator(s), upon a showing of good cause or by the parties’ agreement, may extend the commencement of the hearing for up to an additional (60) days. The Arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The Arbitrator(s) will have the authority to decide whether any Dispute is barred by the statute of limitations and, f so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS Rules of an arbitration demand is the equivalent of the filing of a lawsuit. The Arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph doesnot limit the right of Nutriftix to: (i) exercise self help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-udicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power or sale rights, or (iv) act in a court of law to obtain an interim remedy, such as, but limited to, injunctive relief, writ of possesion or appointment of a receiver, or additional or supplementary remedies. Except as provided in this Arbitration Agreement, the prevailing party in any action or arbitration related to these Terms shall be entitled to its reasonable attorney fees and costs.

Changes to Arbitration Agreement:

Notwithstanding the provisions of this Section 1, if Nutriftx changes any of the terms of this Section 1 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us a written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided either by email at contact@nutrifitx.co or by mail at Nutrifitx, PO Box 1262, DeRidder, LA 70634. In order to be effective, the notice must include your full name, address, and signature, and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Nutrifitx in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

The terms of this paragraph survive any termination of the Terms.

(2) Terms & Conditions – In General

For purposes of these Terms, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership with Nutrifitx including, without limitation, its subsidiaries.

By using this Service, you agree to be legally bound and to abide by these Terms, just as if you had signed this agreement. If you do not comply with these Terms at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to the Service (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify, or alter any aspect of the Service, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use of the Service. You agree that any termination or cancellation of your access to, or use of, the Service may be effected without prior notice. If you do not abide by the provisions of these Terms, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Service.

From time to time, we may supplement these Terms with additional terms and conditions pertaining to specific content, activities, or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features, or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms.

(3) Restrictions on Use of Materials

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use, and display the Service and the material provided therein for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms. You acknowledge that the Service contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets, and/or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hreafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. NUTRIFITX is the trade name and trademark/service mark of Nutrifitx and subsequent business/product titles. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors, and other third parties may also have additional proprietary rights in the Content which they make available on the Service. You may not modify, publish, transmit, dispute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

Nutrifitx’s paid social media partners can be identified by the hashtag #NutrifitxPartner. Nutrifitx reserves the rights to their content and rights to leverage #NutrifitxPartner content in marketing materials and communication.

(4) Copyright

All the Sites’ materials, including, without limitation, all Nutrifitx product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © 2021 Nutrifitx Co., ALL RIGHTS RESERVED. Unless expressly stated otherwise, Nutrifitx or its suppliers or licensors own and retain other proprietary rights in all products available through the Sites. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transfmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Nutrifitx or the respective copyright owner. You may not, without the express written permission of Nutrifitx or the respective copyright owner (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Sites, its content, or services or products obtained through the Sites; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Sites or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Nutrifitx or any third party.

(5) Becoming a Registered User

At times, there may be cost to become a registered user of the Service. You do not have to become a registered user to use the Service. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of our Service. You must register in accordance with instructions that you will find on the Service to participate in, and to contribute to, any Community Area or use of the “Public Profile” feature of our Service. A “Community Area” means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity where you can communicate with other users of our Website or post your own Content.

If you elect to become a registered user of our Service, you agree to provide us with true, accurate, and complete information about yourself (“Registered User Data”) and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer, or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.

(6) Privacy

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms by this reference.

(7) Community Standards and Conduct Guidelines

You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that ou are entirely responsible for all Postings that you post, email, or otherwise transmit to the Service. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others, and as such, we do not guarantee the accuracy, integrity, or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Service (as described below), you understand that by using the Service, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed, or otherwise transmitted to or though the Service.

You agree not to use the Service (including any Community Areas) to:

Upload, post, email, or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable (in our sole discretion);
Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
Impersonate any person or entity, including, but not limited to any user of the Service, a director, officer, employee, shareholder, agent, or representative of Nutrifitx, our affiliates, or any other person or entity, or falsely state or otherwise misinterpret your affiliation with Nutrifitx, or our affiliates or any other person or entity;
Upload, post, email, or otherwise transmit any Postings or other materials that are not your own, or that ou do not have a right to upload, post, email, or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy, or publicity or other proprietary rights of any party;
Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation;
Upload, post, email, or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware telecommunications equipment;
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Community Area (or other portion of the Service) are able to type, or otherwise act in a manner than negatively affects or otherwise diminished the quality of another user’s experience of the Service; Interfere with or disrupt the Service or servers or networks connected to the Website or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, any regulations having the force of law;
“Stalk”, “Cyberstalk” or otherwise harass another user, employee of the Service or Nutrifitx; or
Solicit, collect, or post personal data or attempt to solicit, collect, or post personal data about other users of the Service, including usernames or passwords; or access or ateempt to access another user’s account without his or her consent;

Your privilege to use the Service (including the Community Areas) and contribute to discussions on the Community Areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Service and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any of these Terms, we may terminate, in our sole discretion, your use of, or participation in, any Community Area.

Except as may otherwise be provided in our Privacy Policy, all Community Area communications, including, but not limited to, chat, message board, blog, groups, nd profile communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of the Service (including any Community Area) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Community Areas, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Community Area, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior to the Content’s posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our Service, and we are not liable for any loss you incur in he event that Content you post or transmit to our Website has been removed. We will cooperate with law enforcement or a court order requesting or directing us to disclose the identity of you, or anyone, posting any information or material prohibited by these Terms. We may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Nutrifitx, its affiliates, or the public.

(9) Submissions

As used in this Section, “Submission” means any Content you send, email, post, display, distribute, or otherwise transmit to us or the Service, such as messages, email, date, information (including biographical information), text, music, sounds, photographs, graphics, images, designs, icons, video or audio clips, files, and comments, including but not limited to, written testimonials, feedback, suggestions, reviews, questions or other material or content regarding our existing products, marketing strategies, business and customer service. Submissions expressly include those transmitted through your own social channels (including by tagging @nutrifitx/@nutrifitx.co or by using hashtags), comments on the Nutrifitx blog, and your posts or images shared in the Nutrifitx Facebook Group.

If, at our request or on your own, you send, email, post, display, distribute, or otherwise transmit Submissions to us or the Service, you agree to the following:

You grant us and our affiliates, licensees, successors, and assigns a royalty-free, perpetual, transferable (in whole or in part), irrevocable, fully paid-up, worldwide, sublicenseable, non-exclusive right (including a waiver of any moral rights you may have) and license (as well as consent) to use, license, copy, reproduce, modify, excerpt, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to disclose or incorporate the Submissions in other works the Submissions in other works in any form, media, or technology now known or later developed, for any and all purpose included, but not limited to, promotional, marketing, trade, or any non-commercial or commercial purposes, without compensation or credit for the full term of any copyrights, trademarks, and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions.
Nutrifitx is free to use any ideas, concepts, or know-how contained within such Submissions for any and all purposes, including but not limited to, developing, modifying, and marketing its products and services. Nutrifitx’s use of such Submissions shall not require any further notice or attribution to use and such use shall be without requirement of any permission from or any payment to you or any other person or entity. You hereby authorize Nutrifitx to execute any document or take any action Nutrifitx may consider appropriate in order to confirm the rights granted by you to Nutrifitx in these Terms. To the extent permitted by applicable laws, you also give up any claim that any use by Nutrifitx of your Submission violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
You grant us and our subsidiaries, affiliates, licensees, successors, and assigns the right (but not the obligation) to use your name, voice, likeness (including, but not limited to, photographs) and other personally identifiable information, to the extent that such information is contained the Submission, in connection with such Submissions, subject to our Privacy Policy.
You permit any user of the Service to access, display, view, store, and reproduce any Submissions that you have made available in a Community Area for personal use. Subject to the foregoing, the owner of a Submission placed on the Service retains any and all ownership rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions.
You grant us the right to pursue before any appropriate forum any person or entity that violates Nutrifitx’s or your rights under any applicable law in the Submissions.
You also represent and warrant that:
1. You own and control the Submissions you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Submissions and to grant the license set forth herein;
2. Such Submissions are true, accurate, complete, and not misleading and do not infringe or otherwise violate or breach any applicable laws or regulations;
3. The usage, publication, and posting of such Submissions do not violat these Terms and will not and could no violate any privacy, publicity, intellectual, property, contract, and/or any other rights of any person or entity or otherwise cause injury to any third person or entity; and
4. To the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, as completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above.

Your Submissions are deemed non-confidential, and we are under no obligation to treat your Submissions as proprietary information. Without limiting the foregoing, we reserve the right to use the Submissions as we deep appropriate to our sole discretion, including without limitation, deleting, rejecting, refusing to post, altering, adapting, or editing the Submissions and any further material created under these Terms. We are not obligated to make any use of the Submissions or exercise any of the rights granted by these Terms. We are under no obligation to offer you any payment or compensation for Submissions, respond to any Submissions, or attribute authorship of Submissions to you.

If, under any applicable law, it is determined that you retain moral rights in the Submissions which you have posted to the Service, you hereby agree that (1) you will not require that any personally identifying information be used in connection with the Submissions; (2) you will not oppose the publication, use, modification, or deletion of the Submissions by us; and (3) you waive and will not claim or assert any entitlement to any moral rights in any of the Submissions to the extent permissible under applicable law.

Parental or Guardian Permission

Some of the Content on the Service may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE SERVICE. We strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before using our Service.

(10) Links

These Terms apply only to the Service, and do not to the websites of any third parties. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

(11) Third Party Products and Services

You may order services, merchandise, or other products through our Service from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make not warranties or representations whatsoever with regard to any services, merchandise, and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

(12) Copyright Complaints

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Service (or any part thereof) who infringes on the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are ware of someone doing so, please contact us and include the following information:

a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);
identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website;
your name, mailing address, telephone number, and email address;
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on he copyright owner’s behalf.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this website should be sent to our designated agent for notice of claims of copyright infringement: Nutrifitx, PO Box 1262, DeRidder, LA 70634.

(13) Password and User Security

If you are a registered user of the Service, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

(14) Health Disclaimer

The Service include weight loss management and information applications and content published over the Internet, which are intended only to assist users in their personal weight loss efforts. Nutrifitx is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in the Service should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.

You are urged and advised to seek the advice of a physician beforebeginning any weight loss effort or regimen. The Service is intended for use only by healthy adult individuals. The Service is not intended for use by minors, pregnant women, or individuals with any type of health condition. All individuals, regardless of condition, should seek professional medical advice and clearance prior to initiating any form of weight loss effort or fitness regimen. There are inherent risks associated with exercise and fitness programs,and individuals engage in the activities at their own risks.

All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. This information on the Service has not been evaluated by the FDA and is not intended to treat, diagnose, cure, or prevent any disease. We cannot and do not give you medical advice. You should seek prompt medical care for any specific health issues and consult your physician before purchasing any product(s). We do not recommend the self-management of health problems. Information obtained by using our services is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.

If you are being treated for an illness, taking prescription medication, or following a therapeutic diet to treat a disease, it is especially important to show the Nutrifitx System weight loss and holistic health improvement plan (“System”) to your physician. Any modifications made to the System by your physician should be followed.

The System is designed for a safe rate of weight loss – up to two pounds per week (after the first three weeks). If you lose at a greater rate, you must review the System’s guidelines and adapt them, if necessary, to avoid rapid weight loss. Not following the System as designed may pose the risk of developing health complications associated with rapid weight loss.

(15) Disclaimers of Warranties

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS ON THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.

NEITHER NUTRIFITX, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT THE SERVICE OR ANY FUNCTION CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY PRODUCT, OFFERING, CONTENT, AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT, OR MATERIAL.

NEITHER NUTRIFITX, ANY OF OUR AFFILIATES, NOT ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT TO MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS IN THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS.

(16) Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE; OR (F) ANY OTHER MATTER RELATING TO OUR SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING NEW JERSEY LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, VERSED’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

(17) Indemnification

You agree to indimnify, hold harmless and, at our option, defend Nutrifitx and our affiliates, and our and their officers, directors, employees, stockholders, agents, and representatives from any and all third party claims, liability, damages, and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of the Service or our products or offerings, your violation of these Terms, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

(18) Governing Law and Choice of Forum

These Terms shall be governed by and construed in accordance with the laws of the State of Louisiana, without giving effect to any principles of conflicts of law. For any Dispute not subject to Section 1 (above), you and Nutrifitx agree that any action at law or in equity arising out of or relating to the Website, the Service, or these Terms shall be filed only in the state or federal courts located in Beauregard Parish in the State of Louisiana and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

(19) International Users

The Service is controlled, operated, and administered by Nutrifitx from its offices within the United States of America. Nutrifitx makes no representation that materials on the Service are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Service are illegal is prohibited. You may not use the Service or export the content or products in violation of US export laws and regulations. If you access the Service from a location outside of the United States, you are responsible for compliance with all local laws.

(20) Termination

Notwithstanding any of these Terms, Nutrifitx reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Service and to block or prevent future access to and use of the Service. You agree that Nutrifitx shall not be liable for any termination of your use of or access to the Service.

(21) Third Party Rights

Only you and Nutrifitx shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms and Conditions.

(22) Changes to Terms & Conditions

We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms at any time. You should check these Terms periodically for changes. By using the Service after we post any changes to these Terms, you agree to accept those changes, whether or not you have reviewed them.

(23) Miscellaneous Terms

In any action against us arising from the use of the Service, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with the Subscription Agreement (if applicable), are the entire agreement between you and us relating to the subject matter herein. If you are a subscriber to one of our online subscription offerings or products, in the event of any conflict between these Terms and the Subscription Agreement, the Subscription Agreement shall control. These Terms may be modified only by our posting of changes to these Terms on the Service, or by written agreement of both parties. Each time you access the Service, you will be deemed to have accepted any such changes.

We may assign our rights and obligations under these Terms. These Terms will inure the benefit of our successors, assigns, an licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

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