The Terms and Conditions

1. • The following terms and conditions (the “Terms and Conditions”) govern your use of this web site or application provided to you by ABC Nutrition Services or one of its subsidiaries, and any content, features or functionality made available from or through this web site, including any subdomains thereof, or application (the “Web Site”). The Web Site is made available by ABC Nutrition Services or its subsidiaries (“we” or “us” or “our”), each of which have adopted these Terms and Conditions with regard to its web site. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site. The following are the Terms and Conditions for the access and use of any person (“Client”,”User”,) of online services through which nutrition counseling, consulting, professional advice and any other information are provided (collectively “online services”) found via the website ABCNutritionServices.com
   • Without derogating from the above, the online services may be used among other things to facilitate (a) personal advice and information delivered specifically to you; and (b) general information and content which is publicly available and not transmitted to you personally.
   • By accessing or using the online services, or by clicking a button or a box indicating that you have read and agree to the terms of use, you are entering into this Agreement. You should read this Agreement carefully before starting to use the online services. If you do not agree to be bound to any term of this Agreement, you must refrain from making an appointment for online services for Nutrition Counseling.
   • When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to ABC Nutrition Services (the “Company”), employees, consultants, contractors, subcontractors, agents, advisors, assignees and successors of the aforementioned companies.
2. The Counselors and Counselor Services
   • The Company enables you to communicate with a Registered Dietitian for the purpose of getting nutrition counseling and/or education, information, advice or any other input, benefit or service (collectively “Nutrition Counseling Services”).
   • We make no representation or warranty whatsoever as to whether you will find the Nutrition Counselor Services relevant, useful, correct, relevant, satisfactory or suitable for your needs.
3. Use of the online services
   • You agree, confirm and acknowledge that although the Nutrition Counselor may provide the Counselor Services through online counseling, we cannot assess whether the use of the Counselor, or the Counselor Services is right and suitable for your needs.
   • You agree, confirm and acknowledge that you are aware of the fact that the Online Counselor Services are not a complete substitute for a face-to-face examination and/or session by a Registered Dietitian.
   • THE ONLINE SERVICES ARE NOT INTENDED FOR DIAGNOSIS, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT THAT MAY BE APPROPRIATE FOR YOU.
   • IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TO TAKE ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT THE ONLINE SERVICES ARE NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THAT YOU MUST NOT USE THE PLATFORM IN ANY OF THE AFOREMENTIONED CASES.
   • BY AGREEING TO THIS AGREEMENT YOU ARE ALSO AGREEING TO THE TERMS OF THE COMPANY PRIVACY POLICY AVAILABLE AT WWW.ABCNUTRITIONSERVICES.COM (THE “PRIVACY POLICY”). THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.
4. Further Disclaimer of Warranty
   • YOU HEREBY RELEASE US AND AGREES TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE PROVIDER SERVICES OR THE WEBSITE, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY REGISTERED DIETITIAN WHO MAY BE ACCESSED THROUGH THE WEBSITE.
   • YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT THE ONLINE SERVICES ARE PROVIDED “AS IS” AND THEREFORE YOU WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST US. THE USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.
   • ANY CONSULTATION WITH A PROVIDER VIA THE ONLINE SERVICES CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL.
   • In the event of a dispute regarding any transaction conducted via the Company, you hereby relieve us from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys’ fees, which you may have against one or more of the above.
5. Limitation of Liability
   • YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
   • YOU FURTHER AGREE, CONFIRM AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM..
   • If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
   • This section (limitation of liability) shall survive the termination or expiration of this Agreement. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Nevada, County of Washoe, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Washoe County in the State of Nevada. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

   6. Your account, representations, conduct and commitments

6. • You hereby confirm that you are at least 18 years old of age.
   • You hereby confirm that you are legally able to enter into a contract.
   • You hereby confirm and agree that all the information that you provided in or through the Online Services, and the information that you will provide in or through the website now or in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
   • You agree and confirm that your use of the online services, including the Nutrition Counselor Services, are for your own personal use only and that you are not using the online counseling services for or behalf of any other person or organization.
   • If you receive any file from us or from a Nutrition Counselor, whether through the website or online services, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
   • You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following:(a) your violation of any of the provisions of this Agreement; (b) non-payment for any of the services (including online Nutrition Counselor Services) which were provided through the website; (c) your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
7. Fees and Payment
   • You confirm and agree that all payment related information that you provided and will provide in the future, to or through the Platform, are accurate, current and correct and will continue to be accurate, current and correct.
   • You confirm and agree to use only payment means (credit cards or others) which you are dully and fully authorized to use.
   • You agree to pay all fees and charges associated with your Account on a timely basis and according to the fee schedule, the terms and the rates as published on the website. Such fees and charges (including any taxes and late fees, as applicable) may be charged on your credit card. By providing us with your credit card information you authorize us to bill and charge you through that credit card. You agree to maintain valid credit card information in your Account information.
8. Modifications, Termination, Interruption and Disruptions to the Platform.
   • We may terminate or prevent your use of the online services and any services provided by through the website (including but not limited to online nutrition counselor services) at our sole discretion for any reason and for any period of time.
   • The online services depend on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the online services will be uninterrupted or that it will be secure, consistent, timely or error-free.We may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site’s services at any time. We may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
9. Notices
   • We may provide notices or other communications to you regarding this agreement or any aspect of the online services, by email to the email address that we have on record, or by regular mail. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to inof@abcnutritionservices.com
10. Important notes about our Agreement
    • This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Nevada excluding any rules governing choice of laws.
    • THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
    • We may change this Agreement by posting modifications on the website. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the online services after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the online services and participation in its services.
    • We may freely transfer or assign this Agreement or any of its obligations hereunder.
    • The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
    • If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
    • To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement

    Updated 7/30/2016