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Terms and Conditions

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Nutrishape relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Nutrishape’ or any of its affiliates ‘us’ or ‘we’ refers to the owner of the website whose registered office is 9401 mentor Ave. #237, Mentor, OH 44060. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using www.nutrishape.com or any of its affiliates (the “Site,”), you indicate your assent to these Terms of Use. If you do not agree to all of these Terms of Use, do not use the Site.

Nutrishape (sometimes referred to as “we,” or “us”) may revise and update these Terms of Use and the Privacy Policy at any time. Your continued usage of the Site and/or software (the “Nutrishape App or software,” and, together with Site, the “Nutrition Services”) will mean you accept those changes.

The Services Do Not Provide Medical Advice

The contents of the Nutrishape, such as text, graphics, images, information, charts, obtained from Nutrishape’s licensors, including information, advice and coaching received either in written or oral format, and other material contained in the Nutrishape App and Software (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or from the Nutrishape App or Software.

If you think you may have a medical emergency, call your doctor or 911 immediately. Nutrishape does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Nutrishape’s App Software. Reliance on any information provided by Nutrishape App and Software (including its licensors), Nutrishape employees, contractors, agents, affiliates, others commenting on the Site at the invitation of Nutrishape, or other users of the Site is solely at your own risk.

Compliance With Laws and Licensure .

You will comply with all applicable laws in connection with your use of the Nutrishape App, Website and Software, including without limitation maintaining any necessary licenses or permits that may be required to render services to others in connection with the Nutrishape.

Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that the Nutrishape are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Use of Content

Nutrishape authorizes you to use the Content solely for your personal, noncommercial use. You may print, download and otherwise make copies of Content provided that you include the following copyright notice: “Copyright ©2017, Nutrishape. All rights reserved.” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Site or through the Nutrishape may be included elsewhere within the Site and the Nutrishape App and Software and are incorporated by reference into these Terms of Use.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Nutrishape or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Nutrishape. All rights not expressly granted herein are reserved to Nutrishape and its licensors.

If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of Nutrishape Software and Its Licensors

The use of the Nutrishape App, Website and Software and the Content is at your own risk.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Nutrishape and its licensors. Accordingly, Nutrishape assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site or the Nutrishape App or Software.

The Nutrishape App, Software and the Content are provided on an “as is” basis. NUTRISHAPE AND ITS LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING.

Nutrishape and its licensors make no representations or warranties about the following:

    1. The accuracy, reliability, completeness, correctness, or timeliness of the Content, including without limitation software, text, graphics, links, charts, information or communications provided on or through the use of the Site or Nutrishape App or Software.

    2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of Content, including without limitation any software tools contained on the Site.

In no event shall Nutrishape, its licensors, or any third parties mentioned on the Site or in the App or Software be liable for any damages (including, without limitation, special, indirect, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Nutrishape content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Nutrishape, its licensors, or any third parties mentioned on the Site or in the App or Software are advised of the possibility of such damages. In the event that Nutrishape, its licensors, or any third parties mentioned on the Site and in the App or Software shall be liable for damages, they shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100.

Nutrishape, its licensors, or any third parties mentioned on the Site or in the App or Software are not liable for any personal injury, including death, caused by your use or misuse of the Site, App, Software, Content, or “Public Areas” (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

User Submissions

The personal information you submit to Nutrishape is governed by the Nutrishape Privacy Policy. To the extent there is an inconsistency between these Terms of Use and the Nutrishape Privacy Policy, these Terms of Use shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, forums, article or other postings, user reviews of products, including drug products, etc.) that infringe or violate any rights of any person. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to Nutrishape by email, (including through the email addresses listed on the “Contact Us” page), or by mail, any communication or content that infringes or violates any rights of any person. If you submit any business information, idea, concept or invention to Nutrishape by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Nutrishape by email or by mail, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Nutrishape a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use (including without limitation to reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display) the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. Nutrishape may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Nutrishape by email or mail. We try to answer every correspondence in a timely manner but are not always able to do so.

User Submissions — Image, Video, Audio Files

You agree to only post or upload media (such as photos, videos or audio files) that you have taken yourself or that you have all rights to transmit and license and which do not infringe or violate trademark, copyright, privacy or any other rights of any other person. Please note that photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains personally identifiable information (including without limitation name, phone number, email address or website URL.) of you or of anyone else. Uploading media such as images or video of other people without their permission (or, if a minor, his or her parent’s or legal guardian’s permission) is strictly prohibited.

By uploading any media on the Site, you warrant that you have permission from all persons appearing in such media for you to upload such media (or, if a minor, his or her parent’s or legal guardian’s permission) and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain any expressions of hate, any abuse, any offensive images or conduct, any obscenity, any pornography, any sexually explicit material or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use and the Nutrishape Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, App, Software Services or Content.

By uploading any media, you (a) grant to Nutrishape a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use (including without limitation to reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display) the media and any material included in the media; and (b) certify that any person pictured in the submitted media (or, if a minor, his or her parent or legal guardian) authorizes Nutrishape to use (including without limitation to reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display) the media and any material included in such media; and (c) agree to indemnify Nutrishape and its licensors, affiliates, subsidiaries, employees, contractors, officers, and directors and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms of these Terms of Use.

Nutrishape reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, in its sole discretion.

Security

Nutrishape takes security very seriously. Nutrishape never sends your login credentials in the clear and ensures that whenever it does send that data across the Internet, it is always encrypted.

Passwords

Nutrishape has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Nutrishape user name, passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of your user name and activation codes and passwords; (2) authorize, monitor, and control access to and use of your Nutrishape account, user name and password; (3) promptly inform Nutrishape of any need to deactivate a user name or password. You grant Nutrishape and all other persons involved in the operation of the Nutrishape Services the right to use (including without limitation to transmit, monitor, retrieve and store) your information in connection with the operation of the Nutrishape App, Website and Software. Nutrishape cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the App, Website or Software.

Nutrishape Community and Public Areas

If you use the Site blogs, message boards, forums, article or other postings, user reviews or other user communities (the “Public Areas”), you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public AreasNutrishape and its licensors are not responsible for the consequences of any communications in the Public Areas.

The following actions shall constitute a material breach of these Terms of Use:

    1. Using a Public Area for any purpose in violation of local, state, federal or international laws or regulations;

    2. Posting material that infringes or violates the intellectual property rights of others or infringes or violates the privacy or publicity rights of others;

    3. Posting material that is unlawful, obscene, defamatory, threatening, harassing (or encourages harassment), abusive, tortious, defamatory, slanderous, libelous, hateful or embarrassing to any other person as determined by Nutrishape in its sole discretion;

    4. Posting material that contain nudity or is obscene, pornographic, sexually explicit, or is otherwise offensive, as determined by Nutrishape in its sole discretion.

    5. Posting material that contains graphic or gratuitous violence as determined by Nutrishape in its sole discretion.

    6. Posting material that are misleading, malicious or discriminatory as determined by Nutrishape in its sole discretion.

    7. Providing resources to or otherwise supporting any organization designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act.

    8. Posting advertising or promotional materials;

    9. After receiving a warning from Nutrishape, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

    10. Posting chain letters or pyramid schemes;

    11. Impersonating another person or misrepresenting your affiliation with another person;

    12. Distributing viruses, worms, defects, Trojan horses, or other similar destructive or harmful items;

    13. Harvesting or otherwise collecting information about others, including email addresses, without their consent for posting or viewing comments;

    14. Allowing any other person to use your identification for posting or viewing comments

    15. Posting the same note more than once or “spamming”;

    16. Using the Nutrishape App, Website or Software in any manner that could damage, disable, overburden, disrupt, or impair the Nutrishape App, Software or Site, or the network(s) connected to the Site, or engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Nutrishape, exposes Nutrishape or any of its users or licensors to any liability or detriment of any type;

    17. Modifying, adapting, translating, reverse engineering, decompiling, or disassembling the App, Site or Software;

    18. Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the App, Site or Software;

    19. Framing, reformatting, or otherwise making Nutrishape App, Website or Software available to third parties;

    20. Creating user accounts using any automated means or under false pretenses;

    21. Preparing derivative works based on the Site, Software or App; or

    22. Removing any proprietary notices, labels, or other identifying marks on content provided through the Site, App or Software.

Nutrishape reserves the right (but is not obligated) to do any or all of the following:

    1. Record the dialogue in public chat rooms.

    2. Investigate an allegation that a communication does not conform to these Terms of Service and determine in its sole discretion to remove or request the removal of the communication.

    3. Remove communications which are abusive, illegal, disruptive or that otherwise fail to conform with these Terms of Use.

    4. Terminate a user’s access to any or all Public Areas and/or the Site upon any breach of these Terms of Use.

    5. Monitor, edit or disclose any communication in the Public Areas.

    6. Edit or delete any communication posted on the Site, regardless of whether such communication violates these standards.

You agree that Nutrishape and its licensors shall have no liability or responsibility to users of the Software or any other person for performance or nonperformance of the aforementioned activities.

Advertisements, Searches, and Links to Other Sites

Nutrishape may provide links to third-party websites. Nutrishape also may select certain sites as priority responses to search terms you enter, and Nutrishape may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Nutrishape does not recommend and does not endorse the content on any third-party websites. Nutrishape is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms of use or terms of service for such sites. Nutrishape does not endorse any product, service, program or treatment advertised on the Site or in the app or software.

You will be able to remit payment for Nutrishape through third party payment. Although we may share a limited amount of your information with such third party sites in order to initiate payment, and information so shared will be subject to the Nutrishape Privacy Policy, your dealings with such third party sites will be subject to such third party sites’ privacy policies and terms of service or use, as explained in the preceding paragraph.

Indemnity

You agree to defend, indemnify, and hold Nutrishape, its licensors, affiliates, subsidiaries, employees, contractors, officers, and directors, 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 violation of these Terms of Use.

General

Nutrishape is an Ohio limited liability corporation with principal offices in Mentor, Ohio. Nutrishape makes no claims that the app, Software, Site, and the Content are appropriate or may be downloaded outside of the United States. Access to the Nutrishape or Content may not be legal by certain persons or in certain countries. If you access the Nutrishape App, Software or site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of Nutrishape and Its Licensors, User Submissions, User Submissions – Image, Video, Audio files, Indemnity, Jurisdiction, Notices, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Nutrishape, or in any way relating to your use of the Nutrishape, resides exclusively in the state and federal courts in Mentor, Ohio and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts in Mentor, Ohio in connection with any such dispute including any claim involving Nutrishape or its licensors, affiliates, subsidiaries, employees, contractors, officers, and directors, including without limitation its service providers and content providers.

These Terms of Use are governed by the laws of the State of Ohio, excluding those laws that direct the application of the laws of another jurisdiction. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notices

Nutrishape may be required by state or federal law to notify you of certain events. In addition, Nutrishape may need to notify you from time to time regarding changes to these Terms of Service, the Nutrishape Privacy Policy. You agree that such notices will be effective upon Nutrishape posting them on the Site, sending them to you through email or postal mail or notifying you via other means required by law. Nutrishape will use the contact information provided to it by you. If you do not provide Nutrishape with accurate information to contact you, Nutrishape will not be held liable if it fails to notify you.

You consent to receiving any notices regarding these Terms of Service, the Nutrishape Privacy Policy, or any notice required by law, including notice of any breach of security involving your personally identifiable information, by posting them on the Site or by notifying through email or postal mail.

Notice and Takedown Procedures; Copyright Agent

If you believe any materials accessible on or from the Nutrishape infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting Pro Diets Professional Weight Management Software’s copyright agent (identified below) and providing the following information:

    1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

    2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

    3. Your name, address, telephone number and (if available) email address.

    4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.

    5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

    6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Nutrishape’s agent for copyright issues is as follows:

Nutrishape 


Attn: Legal Department

9401 Mentor Ave. #237

Mentor, OH 44060

In an effort to protect the rights of copyright owners, Nutrishape maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Nutrishape App, Site or Software who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use and the Nutrishape Privacy Policy constitute the entire agreement between you and Nutrishape with respect to the use of the App, Software and Content.


ADDRESS
9401 Mentor Ave. #237
Mentor, OH 44060

CONTACTS
Email: support@nutrishape.com
Phone: +1 (855) 668-8747
Fax: +1 (866)477-1108