Site Contract

This is a contract.  Carefully read the following terms before using the NutriTutor® site.

By accessing the NutriTutor® site, you accept and agree to all of the conditions and covenants imposed in this agreement.  If you do not agree to these terms or understand these terms, you may not access the NutriTutor® site.

By using the NutriTutor® service, you agree that you have read, understand and agree to these terms.  You also consent to review this agreement periodically to be aware of modifications to the agreement, which modifications NutriTutor.com can make at any time and the change date of which will be posted at the bottom of this contract.  Your continued use of this site will be deemed your conclusive acceptance of any modified agreement.

You stand for and certify that you are the person on whose behalf you claim to accept these terms, or, if you are entering into these terms on behalf of another (person or entity), you represent and guarantee that you have the authority and power to enter into these binding terms on their behalf. You also stand for and assure that you are an adult who is legally able to enter into these binding terms.

Limited Warranties

We want your experience with NutriTutor® to be the best and most valuable encounter you have ever had with a nutrition or health educator.  Employing quality programming and personnel who care, NutriTutor® uses all commercially reasonable efforts to bring you products that are significantly better than that provided by the competition.  NutriTutor® warrants that the educational programs and services offered on the NutriTutor.com site are developed and supplied by registered, licensed, and / or certified clinicians such as Registered Dietitians and Certified Diabetes Educators.  NutriTutor® also guarantees that credentialed Instructional Designers are used to achieve the user-friendly functionality described external to each tutorial.  Tutorial data are regularly reviewed and modified as needed by credentialed medical clinicians. NutriTutor® warrants that known downtime on the server exceeding seven (7) days will be restored in full to current paying members.

NutriTutor® provides no warranty that a member’s equipment, connections, and/or internet service are compatible, sufficient, or in working order to access the NutriTutor® website.  NutriTutor® provides no warranty that members actually know, acknowledge, or investigate the information found in the written program limitations before acknowledging comprehension.  NutriTutor’s liability for any breach of warranty shall be in NutriTutor’s sole discretion.  NutriTutor® may choose several methods to achieve resolution, including but not limited to informing the user how to achieve the functionality needed, refunding the subscription fee, freezing the subscription calendar for a future time, and other methods.  To obligate NutriTutor® to honor the warranty, the user must inform NutriTutor® of the problem within 20 (twenty) calendar days of discovering the problem.  NutriTutor® will use commercially reasonable efforts to meet warranty requirements except when the user violates the terms of this agreement, at which point the warranty no longer applies.

Although NutriTutor® has worked hard to provide accurate, reliable, timely, and complete information on the site, it makes no guarantee or warranty, expressed or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions therein.

Limited License Granted

NutriTutor® hereby grants each paying member a restricted, non-exclusive, non-transferable and non-sub-licensable license to access the content and information available within tutorials according to the provisions contained herein, and subject to obedience to these terms.

Fees; Renewals; Refunds

  • Right of access to the tutorials granted under these terms is effective only upon payment of the membership fees by either member or company engaged in member’s health.
  • Each tutorial comes with a monthly membership plan specific to that tutorial.
  • Monthly membership renewals are available for purchase as desired by current members.
  • Membership fees are non-refundable.
  • Discounts, rebates or other special offers are only valid for the initial term; memberships renew at the then-current full rate.
  • NutriTutor® may increase membership fees for a subsequent membership period at any time and for any reason.
  • NutriTutor® may abort the membership and these terms if inaccurate or outdated credit card information is provided.

Gift Subscriptions

Gift memberships for access to the tutorials are available for purchase as outlined on the membership page.  After a gift membership is purchased, NutriTutor.com will send a welcome email to the recipient who has been gifted, informing them of the gift membership.  The receipt is provided to the payer.

Terms and Conditions

  • No refunds
  • No exchange or surrender for cash value
  • If an existing member receives a gift membership, please contact us using info@NutriTutor.com.
  • A recipient’s use of a gift subscription signifies acceptance of and agreement to these terms

Tutorial  / Service Access; Content Modification

NutriTutor® strives to provide the tutorial content to its members on a continuous basis. To that end, NutriTutor® will make all commercially reasonable efforts to provide uninterrupted access to its members. From time to time, however, members may be unable to access the NutriTutor® site or its tutorials due to conditions beyond NutriTutor’s control. Such conditions include, but are not limited to: ‘acts of God’, power outages, force majeure, and the deeds of computer hackers and others acting outside the law.  Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related causes. In response to any unavailability of the site or tutorials to its members, NutriTutor® will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term ‘commercially reasonable’, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel, or money.

NutriTutor® endeavors to present the highest quality content to its members. To that end, NutriTutor® reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this site in whole or in part, including, without limitation, the content, availability, access and/or the terms of this site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on the NutriTutor.com site.

Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and internet service necessary for use of the site.  They are also solely responsible to be aware of program limitations prior to becoming a NutriTutor® paying member.  Both items are described in the public pages and at membership sign-on.

Educational, Medical, and Clinician Limitations; HIPPA Limitations

NutriTutor® and its clinicians do not prescribe, diagnose, or treat your medical conditions.  NutriTutor® programs are not intended to be a substitute for physician services, but rather an enhancement to medical services.  The contents of the NutriTutor® site are developed to allow the general public maximum choice in learning and application, while NutriTutor® clinicians offer guidance and assistance without the benefit of a thorough medical history.  As such, NutriTutor® training programs and counsel are for informational purposes only and your physician always becomes the final authority on all treatment matters, releasing NutriTutor® from responsibility.  NutriTutor® is not responsible for any disregard given to or misinterpretation of site instructions, inaccurate data entry into calculators, your interpretations, understanding, results, or wrong use of the program content or clinician counsel.  NutriTutor® provides a means by which you can ask such logistical questions and your physician should be queried with any of your medical questions.  Although NutriTutor® programs are regularly revised, due to the vastness of its tutorial content (revisions not withstanding), NutriTutor® is not responsible when changes occur, such as can happen frequently with products and medications.  Reliance on any information provided by NutriTutor® or any of its representatives without first consulting your physician is solely at your own risk.

Always seek the advice of your physician with any conflict you notice between what you have learned from NutriTutor® and what your physician has told you.  Always seek answers from your physician when you have questions regarding medical conditions or changes you want to make to your medical regimen.  Never disregard personal medical advice or delay in seeking it because of something you read on the NutriTutor® site.  If you think you may have a medical emergency, call your country’s emergency number (911 in the U.S.) or your physician immediately.

By initiating contact with your NutriTutor® clinician, you are releasing NutriTutor® to receive and respond to your personal medical information by telephone, e-mail, on-line or video chat, and / or postal service.  You are also authorizing NutriTutor® to communicate with your physician on your behalf.  Recognizing that NutriTutor® has made a good faith effort to protect your personal information, you completely release NutriTutor® from any and all responsibility if another party intercepts or otherwise accesses your private medical information.

We may use and disclose your private health information in connection with our internal operations (such as quality improvement activities), to persons involved in your care to the extent necessary to help with your healthcare (such as your physician), and to those required by law (such as law enforcement officers).  You may request particular means by which we my contact you and restrictions to the use and disclosure of your personal information.  NutriTutor® will comply as best it can, although we are not necessarily legally obligated to honor such requests.

Prohibited Conduct

User expressly agrees to refrain from doing, either personally or through another, any of the following “prohibited conducts”:

  • Capture, download, save, upload, print or otherwise retain information and content available on the NutriTutor site other than what is expressly available for that purpose.
  • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the information, text, graphics, software, source code or HTML code, or other content available on the NutriTutor® site.
  • Transmit, install, upload or otherwise transfer any item or process to the site (including, but not limited to communication, virus, advertisement, or other) that in any way affects the use, enjoyment or service of the site, or adversely affects NutriTutor® servers, databases, or computers.
  • Permit or provide others access to any NutriTutor® tutorials or services using your user name and password, code, or otherwise, or the name, password, or codes of another authorized user.
  • Transfer the site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the site content; or “deep link” to the site content.
  • Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other users / members, the site or NutriTutor®.
  • Violate or attempt to violate NutriTutor’s security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of the website or corrupt the website in any way.
  • Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content on the NutriTutor® site.
  • Advertise or otherwise solicit funds, goods or services on any NutriTutor® sites unless agreed upon in written contract with the NutriTutor® owner.
  • Post obscene, harassing, defamatory, vulgar, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
  • Provide any commercial hosting service with access to the site and/or the content on the site unless agreed upon in written contract with the NutriTutor® owner.
  • Misrepresent your identity or personal information when accessing the site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by NutriTutor®.
  • Use the site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
  • Engage in any other conduct that violates the Copyright Act or other laws of the United States.

To ensure that users of the site do not engage in prohibited conduct, NutriTutor® reserves the right to monitor use of the site and to revoke or deny access to the services contained therein to any person or entity whose use of the service(s) suggests prohibited conduct. Access of the service materials beyond that of normal patterns of use that suggests systematic copying of the materials constitutes privilege abuse and will result in revocation or denial of access to the services.  (Definitions of the words, ‘abuse’ and ‘normal patterns’, shall be determined exclusively by NutriTutor®.)

You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

Disclaimers and Liability Limitations

Users access this site on an ‘as is’, ‘as available’ basis without warranty of any kind—be it expressed, implied or statutory, and any and all warranties of merchantability, and fitness for a particular purpose or non-infringement of third parties’ rights—beyond the warranties set forth in this contract.  NutriTutor® does not warrant any specific outcome from use of the site. NutriTutor® does not warrant that the information on the site is correct, complete or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure, although efforts are made to that end.  Under no circumstances (including legal theory—tort, contract or other) shall NutriTutor® or any of its affiliates or assigns be liable to you or any other entity for any indirect, secondary, punitive, special, or consequential damages of any character, including and without limitation, damages for work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, loss of goodwill, or any and all other commercial damages or losses.  This site is at your exclusive risk and any content that you download is downloaded at your own discretion and risk, and you are exclusively responsible for any damage to your computer system in excess of the amount NutriTutor® received from the member for the fee to access the tutorial, and for any loss of data that results from the downloading of any such content, including any damages resulting from electronic parasitic ‘worms’ or ‘bugs’.  In no event will NutriTutor® be liable for any damages in excess of the amount NutriTutor® received for a membership fee to access a tutorial or service, even if someone informed NutriTutor® of the possibility of such damages, or for any claim by any other party.  In no event will warranties provided by law apply (unless they are required to apply by statute notwithstanding their exclusion by contract).  This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of NutriTutor®, computer virus or other similar item, telecommunications, errors, or unauthorized access to, or use of, user information through theft or any other means. NutriTutor® is not liable for criminal, tortuous, or negligent actions or omission that affect this site.

No agent or employee of NutriTutor®, save the owner, is authorized to make any modifications, extensions, or additions to these limited warranties or disclaimers.

NutriTutor® rejects all other warranties, and shall have no liability for damages in excess of the amount NutriTutor received from the member, arising from or related to any support services for use of the NutriTutor® site.

Third Party References; Proprietary Rights; Disclaimers and Limitations on Damages; Laws of Your Jurisdiction

Hyperlinks

NutriTutor.com contains links and references to other third party websites and materials with efforts to ensure reliability for the convenience of users. You acknowledge that NutriTutor® does not rigorously pre-screen third party materials, and is not necessarily aware when third parties change philosophies; therefore NutriTutor® is not liable for any claims related to such information (including, but not limited to third party products, information, and services).  Content provided by third parties is for informational purposes only, and NutriTutor’s use of the content constitutes neither an endorsement nor a recommendation.  NutriTutor® makes no warranty; either expressed or implied, of the accuracy, fitness for a particular purpose, merchantability, or non-infringement of the information provided by third parties.  Additionally, NutriTutor® does not warrant the existence or functionality of any website which can be accessed through a link located on this site.

Copyrights, Trademarks and Other Proprietary Rights

NutriTutor® shall hold all worldwide rights to the intellectual property in and on the NutriTutor.com site, including, but not limited to, ideas, trade secrets, trademarks, service marks, trade dress, inventions, source code, HTML code, the “look and feel” of the site (its color combinations, layout, and all other graphical elements), and the copyrights in and to its original content. Everything you see on the site should be assumed as copyrighted, trademarked, and protected / owned / licensed by NutriTutor®. Except as expressly stated on the site or in these terms, nothing that you read or see on the site or in the tutorials may be copied, reproduced, modified, distributed, broadcasted, republished, displayed or presented for profitable use without the prior written consent of NutriTutor®. Nothing in these terms grants you a license to use any of NutriTutor® intellectual property except as set forth in this contract, the tutorial for which you are a paying member, or the support group rules.

If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to NutriTutor®, you may forfeit your intellectual property rights and moral rights contained in such communication or material.

Indemnification

User agrees to protect, indemnify and otherwise hold harmless NutriTutor® and its agents, assigns and successors from and against any cause of action / claim, (including expenses, attorney fees, and court costs) related to or arising from user’s prohibited conduct, improper or illegal use of the site, or breach of these terms.

Security; Authorized Use

Users / members are prohibited from violating or attempting to violate the security of the NutriTutor.com site. NutriTutor® has the right, but not the duty to investigate potential violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. NutriTutor® may suspend your access, without recourse on your part, while it conducts an investigation. Users are required to enter special codes (user name, password, and other temporary codes) to access the tutorial(s) and services. To protect against unauthorized access to your account, it is recommended that you log off and close the browser when you have finished using the site. You are responsible for maintaining the secrecy of all codes.

You may not use the account, user name or password of someone else at any time. You agree to notify NutriTutor® immediately of any unauthorized use or loss of your account, user name, password and/or credit card information. You also agree to notify NutriTutor® promptly if you are aware of or suspect other unauthorized use of the site and / or the site content.  NutriTutor® is not liable for any loss that you lay yourself open to as a result of someone else using your codes with or without your knowledge. You may be held liable for any losses incurred by NutriTutor®, its affiliates, employees, consultants, agents or representatives due to someone else’s use of your account or codes.

NutriTutor® will never ask you for your password.  If you need a new e-mail address and/or password, you can generate these through the NutriTutor® website.

Termination of Agreement

NutriTutor® may terminate this agreement at any time and at its exclusive and absolute discretion. NutriTutor® may also terminate access to the site or cancel subscriptions without notice if it believes, in its judgment, that you have violated or are planning to breach any term or condition of this agreement, or have engaged in prohibited conduct.

In the event of termination of this Agreement, the provisions in this section and the provisions found in other sections of this contract shall survive in perpetuity. Each subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this agreement.

Privacy Policy

NutriTutor® requires all of its employees, contractors, and associates to adhere to strict standards in gathering, using, and safeguarding your information.  As it relates to the online support group, you decide what information you want to provide.  We ask that you use discretion.  The NutriTutor® website uses a variety of security features to protect your private information and encrypts the e-mails containing your medical information.  Registered Dietitians and other medical clinicians are all trained to meet HIPAA guidelines.

Prevailing Law; Dispute Resolution; Meetings and Settings

Each party may bring a claim or action for injunctive assistance without submitting the claim to final and binding arbitration. Without regard to any provision that would make the laws of another jurisdiction applicable, these terms and any action or claim related to or arising from these terms or site content shall be governed by Florida law. All disputes between you and NutriTutor® shall be resolved through binding arbitration in Pasco County, Florida. The parties shall perform discovery as agreed upon or as allowed by the arbiter. A party may file for an order on the arbitration decision exclusively in the Florida Superior Court, County of Pasco or the United States District Court for the district of which Pasco County belongs. The parties shall share equally all applicable costs of the arbitrator, arbitration body and arbitration facilities. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive aid. NutriTutor® and user both consent to the exclusive jurisdiction and venue of the aforementioned courts for any equitable claim or other action related to or arising from these terms. Each party shall carry his/her/its own expenses and attorneys’ fees related to any action, claim or arbitration.

Miscellaneous

Services and educational programs contain specific requirements and limitations not necessarily expressed in this contract.  A requirement of membership acceptance is your ‘signed’ agreement that you understand, agree, and are bound to the requirements, limitations, and caveats as specified.  Excluding the requirements specific to the tutorial or service of your choice, these terms comprise the entire agreement between NutriTutor® and users regarding the subject matter hereof. Any previous agreement, whether oral or written, between NutriTutor® and any users dealing with the subject matter hereof is outdated. These terms may only be modified in writing. Invalidity or unenforceability of any provision herein shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect. If any portion of these terms is determined to be unenforceable, such portion will be deemed detached with the remaining terms and conditions continuing in full force and effect. Upon user’s breach or threatened violation of these terms, NutriTutor® may pursue any legal or equitable resolution available, including but not limited to, direct, consequential and corrective damages and injunctive relief. NutriTutor’s solutions are cumulative and not exclusive. NutriTutor’s failure to exercise a remedy or enforce any portion of this Agreement at any time shall not be perceived as a waiver of any remedy or of the right to enforce any segment of the Agreement at any time thereafter. Member/user agrees that, regardless of any opposing statute or law, any claim or action arising out of or regarding this agreement must be filed within one (1) year after such claim or cause of action arose or be forever disqualified. By accessing the site, user accepts as verified by signature approval, this shortening of the statutes of limitations. NutriTutor® makes no claim that the content of the site is appropriate or available for use in all locations. NutriTutor® operates this site from the United States and makes no representation that the site complies with any other nation’s laws or international laws. You agree to comply with all relevant local laws, including any international laws, in using this site. You may not dispense your rights or appoint to another your duties under these terms. Both user and NutriTutor® agree that no third party may be an intended beneficiary of these terms. NutriTutor® will provide notifications by e-mail.

Effective  June 1, 2009

Revised July 9, 2015

 

Congratulations to the thorough and tenacious among us who have read every word of this exhaustive document.  Oh, to live in a less litigious world!  Now, let’s get on to the real business at hand.  To our new members, a warm and hearty welcome!  We plan to exceed your expectations in every way.