Terms of Use
Welcome to the website (“Site”) for Nutritional Wellness Center® (“Nutritional Wellness Center”). These Terms and Conditions of Use contain the terms and conditions upon which Nutritional Wellness Center will provide access to the site for, and sell products to, qualified health care professionals, including the following provisions:
- Access to the Services
- Nutrition Response Testing®
- Use of the Services
- Warranty Disclaimer
- Limitation of Liability
- Indemnification
- Termination
- Governing Law
- Waiver and Severability
- Mobile Devices
- Patches and Updates
- Copyright Agent for Claims of Copyright Infringement
- Contract Electronically
- Entire Agreement
- Contact Us
ACCESS TO THE SERVICES.
BY ACCESSING, BROWSING, AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE AS WELL AS THE CORRESPONDING NUTRITIONAL WELLNESS CENTER® PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE AND AVAILABLE HERE BY LINK OR OTHERWISE AVAILABLE THROUGH THE SERVICES (“PRIVACY POLICY”) AND TO COMPLY WITH ALL APPLICABLE U.S. LAWS AND REGULATIONS.
The Terms of Use and the Privacy Policy are hereafter referred to collectively as the “Terms.” In addition, you hereby represent and certify that you are at least eighteen (18) years of age. If you do not agree to the Terms, you are not authorized to use the Services.
Nutritional Wellness Center reserves the right, in its sole discretion, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional terms and conditions on your use of the Services from time to time. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in these Terms as “Revised Terms”) shall be effective immediately and incorporated into these Terms upon notice thereof, which may be given by any reasonable means including by posting to the Services. Your continued viewing or use of the Services following such notice shall be deemed to conclusively indicate your acceptance of any and all such Revised Terms.
Nutrition Response Testing®.
The Nature of Nutrition Response Testing®. Nutrition Response Testing® is a non-invasive system of analyzing the body to assist a practitioner’s assessment of the underlying causes of ill health through changes in the autonomic nervous system. This system is based upon energetic, homeopathic, chiropractic, and kinesthetic views of function. The view that neurological reflexes provide information about the client’s health status as developed in this system is not a conventional medical or chiropractic view. Still, it is considered to be a form of complementary or alternative medicine.
Testing provides guidance in screening for organic illness or underlying “energetic” dysfunction. It should not be relied upon by itself as a final test of the presence or absence of any disease. Nutrition Response Testing® is not the practice of medicine or nutrition. It does not provide a diagnosis or treatment for any medical condition nor conclusive evidence about nutritional deficiency or sensitivity. It is informational and meant to address energetic or autonomic reflex issues or raise potential health issues that appropriate health care practitioners can explore. While published literature and clinical experience support this method, the body of evidence has not been sufficiently demonstrated by clinically controlled studies to be recognized as valid by the medical community or federal or state regulatory agencies.
USE OF THE SERVICES.
To use the Services, you must obtain access to the Internet and pay any and all service fees associated with such access.
(a) Individual Use. Unless you are a healthcare professional, you agree that you are only authorized to visit, view, print, and retain a single copy of pages of the Services for your internal use and not on behalf of any other person or entities, and that you shall not duplicate, download, publish, modify, or otherwise distribute any material on the Services for any purpose other than for your internal use unless otherwise explicitly authorized by Nutritional Wellness Center in writing. Nutritional Wellness Center posts legal notices and various credits on pages of the Services, which you shall not remove even in your permitted copies.
(b) Health Care Professional Use. If you are a healthcare professional, you are authorized to visit, view, print, and retain copies of the Services pages for your internal use and on behalf of your patients. You shall not duplicate, download, publish, modify, or otherwise distribute any material on the Services for any other purpose unless otherwise explicitly authorized by Nutritional Wellness Center in writing. Nutritional Wellness Center posts legal notices and various credits on pages of the Services, which you shall not remove even in your permitted copies.
(c) Framing. You agree not to create any frames on any other websites about or to use any of the content located at the Services for any purpose unless authorized explicitly by Nutritional Wellness Center in writing to do so.
(d) Security, Cracking, and Hacking. You are prohibited from violating or attempting to violate the security of the Services. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host, or network, including without limitation, using submitting a virus to the Services, overloading, “flooding,” “mailbombing,” or “crashing” the Services. Violations of system or network security may result in civil or criminal liability. Nutritional Wellness Center reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including email and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
(e) You Are Responsible For All of Your Activities and All of The Content You Post or Submit. You agree NOT to use the Services for or in connection with any of the following activities:
- (i) transmitting or relaying spam or other unauthorized or unsolicited communications, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way;
- (ii) using the Services for any fraudulent or illegal purpose or to encourage conduct that would be considered fraudulent or illegal;
- (iii) emailing, uploading, or otherwise transmitting or using the Services in furtherance of the use, distribution, or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically, or otherwise objectionable material of any kind;
- (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise limit, interfere with, or impair a computer’s functionality or the operation of the Services or surreptitiously intercept or expropriate any system, data or information related to the Services or any computer hardware, software or other equipment that is owned, leased or used by Nutritional Wellness Center; and
- (v) using any robot, spider, scraper, or any other automated means or device designed to provide repeated or automated access to the Services for any purpose.
(f) Information Disclosed via the Services. IN ADDITION TO ANY OTHER DISCLAIMERS PROVIDED IN THE TERMS, ANY INFORMATION DISCLOSED TO YOU VIA THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, HEALTHCARE PROFESSIONAL REFERRALS, PRODUCT RECOMMENDATIONS, PRODUCT DESCRIPTIONS, PRODUCT SAFETY AND/OR EFFECTIVENESS MATERIALS, ARE NOT OFFERED WITH ANY WARRANTY OR REPRESENTATION AS TO ABILITY, ACCURACY, PERFORMANCE, OR SUITABILITY FOR YOUR INTENDED PURPOSE OR COMPLIANCE WITH APPLICABLE LAW. NUTRITIONAL WELLNESS CENTER ASSUMES NO RESPONSIBILITY AND DISCLAIMS ANY LIABILITY FOR ANY ILLNESS OR INJURY RESULTING FROM USING ANY PRODUCTS OR FOLLOWING ANY ADVICE CONTAINED IN THESE SERVICES OR FOR ANY HEALTH CARE PROVIDED BY ANY HEALTHCARE PROFESSIONAL TO WHICH YOU WERE REFERRED VIA THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT USE OF ANY DIETARY SUPPLEMENT PRODUCTS INVOLVES UNFORESEEABLE RISKS AND UNCERTAINTIES, INCLUDING, WITHOUT LIMITATION, THE RISKS OF: (A) INDIVIDUALS’ BIOLOGICAL VARIATION AND RESPONSE TO HERBAL/BOTANICAL PRODUCTS; (B) PRODUCT INTERACTIONS WITH OTHER HERBAL AND DRUG INGREDIENTS; AND (C) OTHER HEALTH RISKS AND UNCERTAINTIES. Information on the Services is provided for informational purposes only, does not constitute medical or health-related advice, and is not intended to diagnose, treat, cure or prevent any disease or health problem. The FDA has not evaluated statements made on the Services.
(g) Submissions. You represent and warrant that any information or material you post or provide to Nutritional Wellness Center using the Services, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the Services (“Submission”), is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party’s rights, and offered in good faith. Unless otherwise expressly provided, you acknowledge and agree that: (i) all Submissions shall become the property of Nutritional Wellness Center; (ii) Nutritional Wellness Center has the right to publish the Submissions for any use, including for promotional and advertising purposes, without compensation to you of any kind; (iii) any Submissions that you submit to any part of the Services are non-confidential for all purposes; and (iv) that if you make any such Submission, you automatically represent and warrant that the owner of the third-party content has expressly granted Nutritional Wellness Center a royalty-free, perpetual, irrevocable, transferrable, sublicensable, worldwide exclusive license to use the Submissions in any manner, media, or form now known or hereafter developed. Nutritional Wellness Center shall have the right to sublicense its rights.
(h) Do Not Violate Third Party Intellectual Property Rights. Without limiting the previous, you shall not. By using the Services, you agree not to use the Services to (i) transmit or post any Submissions that are copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit or post any Submissions that reveal trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit or post any Submissions that infringe on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. The term “Intellectual Property Rights” shall mean, collectively, rights under patent, trademark, copyright, and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights, and similar rights.
(i) Ownership. Nutritional Wellness Center puts a lot of content on the Services for you to examine from time to time, including, without limitation, text, graphics, photographs, pictures, drawings, animation, audio, video, literature, and any other material distributed by Nutritional Wellness Center on, through, or in connection with the Services. Moreover, Nutritional Wellness Center attempts to display the content easily accessible and helpful for you, the user. All content and materials on the Services including, without limitation, text, graphics, logos, button icons, images, audio clips, and software included in the Services and any services offered on the Services, are the property of Nutritional Wellness Center, its sponsors, or business affiliates, and/or their respective licensors, and are subject to the U.S. and international Intellectual Property Rights laws. The compilation of all content on the Services is the exclusive property of Nutritional Wellness Center (unless otherwise indicated). It is protected by the U.S. and international copyright and trademark laws. All software used on the Services is the property of Nutritional Wellness Center or its licensors and is subject to the U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Services is permitted except expressly by these Terms or with the express written permission of Nutritional Wellness Center and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Services. All rights not expressly granted hereunder are expressly reserved to Nutritional Wellness Center.
(j) Password and Username. To use portions of the Services, you may be required to register for an account. If you create an account on the Services by, for example, completing a user registration process, you will be asked to select a username and create a password. It is solely your responsibility to maintain the security of your username and password. You agree that Nutritional Wellness Center shall not be liable for any loss that you may suffer due to the authorized or unauthorized use of your username and password, including by a third party. You shall not allow any other person to use the Services via your username and password. You agree that you will log out of your account once you are finished using the Services—i.e., after each session. Nutritional Wellness Center may suspend, terminate, modify, or delete any account you may have with the Services at any time for any reason, with or without notice to you. Most account suspensions, terminations, and/or deletions result from violations of these Terms or users abandoning their accounts on the Services.
(k) Duty to Notify. You agree to immediately notify Nutritional Wellness Center of any unauthorized use of your username or password, any unauthorized use of any online account that you have with Nutritional Wellness Center, any violation of these Terms of Use, or any other breach of security known to you in connection with the Services by sending an email to [email protected].
WARRANTY DISCLAIMER.
THE CONTENT, SERVICES, INFORMATION, AND ACCESS TO THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. NUTRITIONAL WELLNESS CENTER DOES NOT WARRANT THAT ANY PART OF THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SERVICES AND ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. NUTRITIONAL WELLNESS CENTER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THESE SERVICES BEFORE ACTING ON IT. ANY RELIANCE ON SERVICES CONTENT IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, NUTRITIONAL WELLNESS CENTER EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, OR MERCHANDISE FOUND ON THIRD-PARTY SITES THAT LINK TO OR FROM THE SERVICES. NUTRITIONAL WELLNESS CENTER DISCLAIMS ANY RESPONSIBILITY FOR PRODUCT OR SERVICE ORDERING FUNCTIONS, ORDER FULFILLMENT, OR COMPLIANCE OF PRODUCTS OR SERVICES WITH ANY MANUFACTURER’S WARRANTIES OR SPECIFICATIONS. NUTRITIONAL WELLNESS CENTER CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD-PARTY SITES AND/OR RELATED SERVICES, NOR DOES NUTRITIONAL WELLNESS CENTER MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.
LIMITATION OF LIABILITY.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, CIRCUMSTANCES INVOLVING NUTRITIONAL WELLNESS CENTER NEGLIGENCE, SHALL NUTRITIONAL WELLNESS CENTER, ITS AFFILIATES, RELATED ENTITIES, VENDORS, OR CONTENT PROVIDERS (COLLECTIVELY, THE “NUTRITIONAL WELLNESS CENTER PARTIES”) BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SERVICES, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF NUTRITIONAL WELLNESS CENTER OR AN AUTHORIZED NUTRITIONAL WELLNESS CENTER REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS. IN NO EVENT SHALL THE NUTRITIONAL WELLNESS CENTER PARTIES BE LIABLE TO YOU FOR DIRECT DAMAGES COLLECTIVELY IN AN AMOUNT EXCEEDING THE TOTAL FEES PAID BY YOU TO NUTRITIONAL WELLNESS CENTER IN USING THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE UPON WHICH YOUR CLAIM AROSE, OR ONE HUNDRED DOLLARS (THE U.S. $100) IF YOU HAVE NOT PAID ANY SUCH FEES TO NUTRITIONAL WELLNESS CENTER, REGARDLESS OF WHETHER YOUR CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE. SUPPOSE YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES OR LIABILITY LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION. IN THAT CASE, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY THE NUTRITIONAL WELLNESS CENTER IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE NUTRITIONAL WELLNESS CENTER PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.
INDEMNIFICATION.
You shall indemnify, defend, and hold harmless Nutritional Wellness Center and its sponsors, business affiliates, vendors, content providers, subsidiaries, related entities, affiliates, officers, directors, employees, attorneys, and agents, from and against any damages, claims, and actions brought by you or any third party resulting from (i) your use of the Services in violation of the Terms; (ii) your violation of law; or (iii) the infringement by you of any Intellectual Property Rights or any publicity, contract or privacy rights of any person or entity.
TERMINATION.
The Terms are effective until terminated by Nutritional Wellness Center. Nutritional Wellness Center may terminate, restrict, or suspend all or part of your access to the Services and delete any Submissions, at any time, in its sole discretion, without prior notice to you and any liability to you.
GOVERNING LAW.
All matters relating to the Services and these Terms and any dispute or claim arising from that place or related to that shall be governed by and construed by the internal laws of the State of New York, USA, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the state or federal courts located in the County of Tompkins, New York, USA. You waive any objections to such exclusive venue or the exercise of jurisdiction over you by such courts.
WAIVER AND SEVERABILITY.
Furthermore, no delay or omission by Nutritional Wellness Center to exercise any right or any noncompliance on your part concerning the Terms shall impair any such right or be construed to be a waiver by Nutritional Wellness Center. Suppose any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part. In that case, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified to be valid and enforceable as a matter of law, such provision will be deemed to have been changed to be accurate and enforceable to the maximum extent permitted by law.
MOBILE DEVICES.
Some mobile devices may not be capable of accessing the Services in their entirety. Nutritional Wellness Center is not responsible for any errors, inaccuracies, faults, or failures arising from your attempts to access any portion of the Services using any mobile device. Furthermore, you agree that you alone are responsible for all access and connectivity charges imposed by your communications carrier in connection with your use of any mobile device.
PATCHES AND UPDATES.
Nutritional Wellness Center may apply patches, updates, and modifications to the Services and associated software at any time, and features may change after the application of an update. Nutritional Wellness Center may change, modify, suspend, or discontinue any aspect of any quality or service on the Services at any time. Nutritional Wellness Center may also impose limits on certain features or restrict your access to parts or all of the Services and associated software without notice or liability. Nutritional Wellness Center does not represent a feature; the Services and/or associated software will work on a particular web browser, version of a web browser, or device.
COPYRIGHT AGENT FOR CLAIMS OF COPYRIGHT INFRINGEMENT.
Under the Digital Millennium Copyright Act, Nutritional Wellness Center designates the agent below to receive notifications of claimed copyright infringement. Suppose you reasonably believe that your work has been copied in a way that constitutes copyright infringement. In that case, you must provide to Nutritional Wellness Center’s designated agent all of the following information:
- an electronic or physical signature of the owner or the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services;
- your name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- You made a statement under penalty of perjury that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Nutritional Wellness Center’s designated agent for notification is Sophie Alander, who may be contacted at:
- By Mail: 520 W. Green St., Ithaca, NY 14850
- By Phone: (607) 277-1964
- By Email: [email protected]
If you wish to report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although Nutritional Wellness Center reserves the right to remove any material that it believes in good faith to be infringing material used without authorization by any or user of the Services, we are not obligated to do so except following the Digital Millennium Copyright Act. We also reserve the right to suspend or delete the account of any offender.
CONTRACT ELECTRONICALLY.
You agree that the Terms, combined with your act of using the Services and/or the content offered on or through the Services, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the Terms’ validity, enforceability, or admissibility because it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print the Terms.
ENTIRE AGREEMENT.
The Terms (and any other Nutritional Wellness Center policies incorporated into the Services, such as the Resale Policy) constitute the entire agreement between you and Nutritional Wellness Center related to your use of the Services. Any prior agreements, representations, statements, or negotiations concerning the subject matter of the Terms are superseded by the Terms. You have not relied on any words that may have been made by Nutritional Wellness Center related to the Services.
CONTACT US.
If you have questions, comments, concerns, or feedback regarding these Terms or the Services, don’t hesitate to get in touch with Nutritional Wellness Center via any of the methods set forth below:
- Via telephone: (607) 277-1964
- Via mail: 520 W Green St, Ithaca, NY 14850, United States.
- Via email: [email protected]
