Terms and Conditions

Welcome to the website ("Site") of Nutrition Simplified, LLC (“we”, “us”, “our” or “NS”). Please review the following terms (the “Terms”) and conditions that govern your use of our Site before accessing or using this website. Your access to and use of this website is subject to legally binding terms and conditions. Your accessing or use of this website indicates your acceptance of the following terms and conditions and your agreement to be bound by them.

 The following terms and conditions form a binding agreement (“Agreement”) between you, Nutrition Simplified, LLC and all of its properties (“Nutrition Simplified”). If you do not agree to these Terms, you may not access or use the Site and you may not order, receive, or use the products, content or services made available through the Site (collectively, the “Products”). We may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on this website. Your continued use of this website after any change means you have accepted the changed terms and conditions. 

All references to money amounts in this agreement, unless otherwise specified, are in U.S. dollars.

These Terms of Use apply to your use of the websites owned and operated by Nutrition Simplified, its affiliates and related entities including www.nutritionsimplified.co and any subdomains thereof (the “Sites”) The term “Sites” includes the content on the Sites and all of our services provided on or through the Sites. You use the Sites anytime you access, view, link to or from, or otherwise interact or communicate with or connect to the Sites. By using the Sites you agree to these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any of parts of the Terms of Use, do not use the Sites. Periodically review our Terms of Use to become aware of any changes.

Services
Your use of certain features, functionality, resources, products or programs (including, without limitation, contests, surveys, forums, newsletters, subscriptions, content submissions, chats, bulletin boards, discussion groups, promotions, marketing opportunities, affiliate programs requests for suggestions, RSS feeds, etc.) offered on or through the Sites (the “Services”) may be subject to additional terms and conditions (“Service Rules”), and before you use any of the Services you may be required to indicate your acceptance of such additional Service Rules. All Service Rules are incorporated into these Terms of Use by reference.

User Requirements
We don’t knowingly collect any personal information from visitors or users of our site who are under the age of 18. If you are under 18, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our privacy policy by instructing their children to never provide personal information through the Internet without their permission. If you have reason to believe that a child under the age of 18 has provided personal information to us, please contact us and we’ll endeavor to delete that information from our databases.

Applicable Laws
We comply with the CAN-SPAM Act, the Children’s Online Privacy Protection Act, the Digital Millennium Copyright Act and all applicable rules, regulation laws, statutes, ordinances, codes, and guidelines, including those of the Federal Trade Commission (collectively, “Applicable Laws”) By using the Sites you agree to abide by all Applicable Laws and to refrain from assisting anyone to evade any Applicable Law.

Restrictions on Use of Site Content
Our trademarks and service marks, along with our trade names, trade dress (the “Marks”) and designs and all other content found on our Sites, including, but not limited to, articles, recipes, art, designs, graphics, text, postings, images, links, photographs, videos, information, and music (collectively, the “Site Content”) is our property and/or the property of its respective owners. Unless noted otherwise, you may access the Sites or the Site Content for your personal and non-commercial use only. You will not acquire any ownership rights by downloading the Site Content. You may not use, modify, copy, publish, display, transmit, adapt, frame or in any way exploit the Site Content, in whole or in part, without our prior written authorization and the authorization of all respective owners of the Site Content. You must abide by all copyright notices or other restrictions contained on the Sites. Any unauthorized of the Site Content will terminate any permissions granted herein. Such unauthorized use may also violate Applicable Laws, including copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to the Marks or Site Content.

Links to Third-Party Sites
The Sites may contain links to other sites (“Third-Party Sites”) containing content, goods, services, and applications not owned by us. These Terms of Use apply only to our Sites. We do not control, endorse, take responsibility for, investigate, monitor or check for accuracy, appropriateness or completeness of any content of Third Party Sites. You release us from any and all liability, direct or indirect, and for any loss or damage in connection with your use of, or reliance on, any content of Third-Party Sites.

Brand Partners and Affiliation

The Site Content is based upon personal experiences and preferences. To remain ethical and transparent to our valued readers, we provide full disclosure of relationships we have with brands when writing about a product. Brands and advertisers will never influence the Site Content. Topics, products and content will always be chosen by us and will always be relevant to our philosophy. The views and opinions expressed on the Site Content are always our own and we only share our 100% honest opinions. Compensation will never influence our opinions of a product, nor will we ever promote a brand or product that we do not fully support. We will only share brands and products that align with our mission and core philosophies.

Copyright
We respect other people’s intellectual property rights. Therefore it is our policy to remove any materials that infringe upon another party’s intellectual property rights. In accordance with the Digital Millennium Copyright Act (the “DMCA”), and upon proper notice, we will remove User Content (and any other Site Content) that violates copyright law. If you believe your work has been infringed send an email to info (at) nutritionsimplified.net containing the following information: (i) the identification of the copyrighted work; (ii) the location the material on the Sites; (iii) your contact information; (iv) a statement that you have a good-faith belief that the use is unauthorized, (v) a statement that you are the copyright owner or authorized to act on the copyright owner’s behalf and (vi) a statement, made under the penalty of perjury, that all the information in your notice is accurate; and (vii) your signature (physical or electronic).

By submitting a notice, you acknowledge and agree that we may forward your notice and any related communications to any users who posted the material identified in such notice or to other third parties.

If you believe that your User Content has been wrongfully removed from the Sites, you may send us a counter notice. The counter notice must be in writing, sent to the email address above, and include: (i) identification of the material that has been removed; (ii) your contact information; (iii) a statement that you have a good-faith belief that the material was improperly removed; (vi) a statement that you consent to the jurisdiction of the Federal District Court in the Southern District of Maine, and agree to accept service of process from the person who submitted the original notification that resulted in your User Content being removed (or an agent of such person) in the event he or she elects to file suit; (vi) a statement, made under the penalty of perjury, that all the information in your counter notice is accurate (vii) your signature (physical or electronic). By submitting a counter notice, you acknowledge and agree that we may forward your counter notice and any related communications to the person who submitted the original notice that resulted in the removal of your User Content or to other third parties.

Personal Advice
The Site Content cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. We encourage you to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information found on the Sites. Your access and use of the Sites does not in any way create a physician/patient, confidential or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of its contributors. We do not endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Sites. Your reliance on any information provided on the Sites is solely at your own risk. We make no representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information offered or provided within or through the Sites. We are not liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death.

No Medical Advice
While the Site Content may be related to general and specific health issues, the Site Content is made available with the express understanding that neither Nutrition Simplified, the other experts on the Sites, nor the Sites themselves, nor users of the Sites are dispensing medical advice. Do not use information from the Sites for self-diagnosis. The information from the Sites is not intended to diagnose, treat, cure, or prevent any disease or health condition, nor is it intended to be a substitute for professional medical advice, diagnosis or treatment. You should always consult your doctor before making any changes to your health regime, including starting a Nutrition Simplified program or products. By using Nutrition Simplified programs and products, you acknowledge that you are doing so at your own risk, and have consulted with your doctor or other health professional about your diet change. Consult your doctor with any specific health questions or problems you may have. If you think you have a medical emergency or any condition requiring immediate attention, call your doctor or 911 immediately. The statements made by Nutrition Simplified on this Site and our programs and Products have not been evaluated by the Food and Drug Administration. If you have any questions or concerns about your health and before starting or stopping any treatment or acting upon information contained on the sites, you should contact your physician or health care provider.

Warranties
You use the sites at your own risk. The sites (and any portion of the sites) are provided “as is” “with all faults” and “as available.” to the fullest extent permitted by the applicable laws, we expressly disclaim any and all warranties of any kind, whether express or implied (including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement). We make no warranties or representations about the accuracy or completeness of content available on or through the Sites, the Site Content, or the content of any websites, any social media or other Internet resources linked to the Sites and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies contained on the Sites; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Sites (or any parts thereof); (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Sites; (v) any bugs, viruses, Trojan horses, malware or the like which may be transmitted to or through the Sites (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the Site Content, the use of the Sites and/or through your or any other users’ exercise of any rights granted by us herein. We reserve the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Sites (including, without limitation any of the Services).

Limitation of Liability
To the maximum extent permitted under applicable laws, in no event will we be liable to you or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of use, data, revenues, profits, goodwill, or other intangible losses (even if we were advised of, knew of or should have known of the possibility of such damages).

Indemnification
You agree to indemnify and hold harmless us and our officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) connected to (i) any of your User Content, (ii) your exercise of any of your rights granted herein, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms of Use, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any Applicable Laws and/or these Terms of Use by you and/or anyone using your registered account to access and/or otherwise use the Sites (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the Sites through your registered account. We reserve the right to assume the exclusive defense of any matter subject to indemnification by you, and you shall agree to cooperate with us in asserting any available defenses.

Jurisdiction
We control and operate the Sites from our offices in the United States. We do not represent that materials on the Sites are appropriate or available for use in other locations. People who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Arbitration
These Terms of Use will be governed by, and construed in accordance with the laws of the State of Maine. All disputes related to these Terms of Use shall be submitted for resolution to the American Arbitration Association’s (“AAA”) office. You hereby waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final, and judgment may be entered into it in accordance with the applicable law in the Circuit Court. If either you or we desire arbitration, that party agrees to serve written notice of the arbitration with the other party and the AAA’s office.

Waiver of Jury Trial
To the maximum extent permitted by the applicable laws, you and nutrition simplified hereby waive the right to jury trial with respect to all claims relating to these terms of use, and the breach thereof whether in contract or tort and including any claim for fraudulent inducement.

Severability; Waiver; Modification
If any provision of these Terms of Use is found unlawful, void or for any reason unenforceable, then said provision shall be severed from the remaining Terms of Use and shall not affect the validity or enforceability of the remaining provisions. Failures to timely exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between you and us relating to the subject matter contained herein.

Injunction Relief
You hereby irrevocably waive any right to seek and/or obtain injunctive or other equitable relief or any order against us, and/or to enjoin or restrain or otherwise impair in the production, distribution, exhibition or other exploitation of any of our productions or projects.

Privacy Policy

a) Personal Information Protection and Privacy

Nutrition Simplified understands how important your privacy is. We are committed to protecting your privacy and any personal information we collect about you. The purpose of this Privacy Policy is to inform you about what personal information we collect and how and why we collect it, to outline the steps we take to keep your personal information confidential, and to provide you with contact information at Nutrition Simplified should you have questions or concerns about our personal information protection practices.

b) What is personal information?

“Personal information” is personally identifiable information such as your name, residential address and e-mail address and includes information about your products, services, subscriptions and usage, credit card information and billing records. It does not include the name, title, business address or telephone number of an employee of an organization.

c) What type of personal information does Nutrition Simplified collect?

Nutrition Simplified collects various types of personal information. We may collect any of the following: 

i) Your name, billing/shipping address, email address, telephone number, and credit card information, including card number, card type, cardholder name and expiration date, when you purchase products or services from us or products from the online Nutrition Simplified shop. We may also obtain some or all of this information when create a user account on Nutrition Simplified. By purchasing a product or service from us you consent to have your email address added to a Nutrition Simplified mailing list with the purpose of updating you on your purchase, delivering virtual products, informing you of upcoming news, events, updates, promotions and contests pertaining to Nutrition Simplified.

ii) Personal information you provide to us when you participate in any of our events. This personal information might include your name, profession, e-mail address, phone number, photograph, answers to specific questions, password and computer information.

iii) Personal information you provide to us when you participate in any of our on-line programs, other meeting spaces, blogs or forums. This personal information might include your name, profession, e-mail address, phone number, photograph, answers to specific questions, password and computer information. The personal information you provide to us when participating in our online programs, meeting spaces, blogs or forums may be used for marketing purposes.

iv) Personal information you provide to us when you participate in one of our contests, sweepstakes or surveys. This information may include your name, email address and street address, and the answers to survey questions. The personal information you provide to us when participating in these promotions, surveys and contests may be used for marketing purposes.

v) Personal information you provide to us when subscribing to our newsletters or emails or when you use our web site, including, but not limited, to when you created a Nutrition Simplified profile at www.nutritionsimplified.co. This personal information might include your name, billing/shipping address, email address, telephone number, and credit card information, including card number, card type, cardholder name and expiration date.

vi) Your personal information from our business partners and other third parties provided they have agreed to obtain your consent before disclosing your personal information to us.

vii) Certain technical information from your computer each time you request a page during a visit to our web site www.nutritionsimplified.co. This information is collected from your computer’s Web browser to enhance your experience on our web site and may include your IP address, operating system, Web browser software, screen resolution, and referrer Web site.

d) How Does Nutrition Simplified collect personal information?

We collect personal information that is voluntarily provided to us by our customers, members, sponsors, web site users and the public in general when they contact us via telephone, e-mail, web browser, or in person. As mentioned above, we may also collect personal information from our business partners and other third parties who have agreed to obtain the consent of the person the information pertains to before disclosing the information to us. Nutrition Simplified may also collect personal information through the following means: 

i) Cookies. A cookie is a piece of data stored on a web site user’s computer hard drive containing information about the user. When someone signs in at our web site, we record their Member ID and name on the member account in a cookie file on their computer. We may also record their password in this cookie file if they checked the box entitled “Save this password for automatic sign-in.” The user’s Member ID, password, and the name on their member account is stored in the cookie file as encrypted data, to prevent unauthorized persons from viewing the information it contains. Cookies automatically delete this information from our computer storage system after 30 days, but permanent cookie files remain on the user’s computer’s hard drive until they manually delete the file. Nutrition Simplified can use cookies to deliver content specific to your interests and to save your password so you don’t have to re-enter it each time you visit our web site. Cookies, by themselves, cannot be used to disclose your individual identity. A cookie will identify your browser, but not you, to our computer servers when you visit our web site. Most browsers are initially set up to accept cookies, but you can set your browsers to refuse cookies. However, if you do not accept cookies, you may be limited in some areas of our web site.

ii) Web beacons.To assess the effectiveness of promotional and marketing e-mails we send, we may attach a web beacon to the email that provides us with confirmation when the recipient opens the e-mail. This only occurs if the recipient’s computer supports such technology.

e) Why does Nutrition Simplified collect your Personal Information?


Nutrition Simplified may collect personal information about you and use it for the following reasons:

i) To provide products and services to you, to inform you of changes and other relevant information pertaining to your purchase, to bill you when you make a purchase from us, to acknowledge your support and to contact you when necessary for these purposes.

ii) To provide you with services or recognition you request.

iii) When you register a Nutrition Simplified user account we use your information to create and manage your membership.

iv) For marketing purposes. We may use your contact information to send you emails about promotions, surveys, contests and special events or providing other marketing information to you. Promotional e-mails are intended to inform you of new or unique opportunities, events or special deals that are available from Nutrition Simplified. You can opt not to receive these emails from us by either clicking “unsubscribe” at the bottom of the email when you receive it or by sending an email that includes your e-mail address and a request that you not receive our promotional e-mails. In addition, we may send you postal mail notifying you of promotions, surveys, contests or special events or providing other marketing information to you. You can unsubscribe from this postal mail service by sending an email with “unsubscribe” in the subject line to hello (at) nutritionsimplified.co that includes your e-mail address and street address. This information will only be used to remove your from our list of recipients of marketing emails and mail.

v) To improve the quality of your visit to our web site. We use electronic information such as “cookies” to improve your use of our web site. We collect certain information (e.g., purchasing trends) based on your navigation of our web site to better understand and serve our customers, members and web site visitors. This data allows us to streamline your ability to navigate our web site and develop featured programs and content that will be of interest to our customers and members and web site visitors.

vi) To improve our service offerings. We monitor and analyze the use of our service offerings in order to determine which services are popular and useful to our customers, members and web site visitors so that we can improve them.

vii) To better understand your interests. Nutrition Simplified may also prepare aggregated user statistics or information summaries to describe our services and their popularity to our business partners and prospective advertisers and for other lawful purposes. The aggregated user statistics and information will not contain any personally identifiable information.

viii) To provide a secure and safe environment for our visitors and employees.

ix) To co-operate with law enforcement and to protect against violations of criminal or civil laws.

x) We may use your personal information to respond when you submit a question or suggestion to us, or when you request assistance with your membership, viewing your purchase(s), logging on to www.nutritionsimplified.co, or accessing your account from our web site. 

The Disclosure Of Personal Information

Nutrition Simplified takes your privacy very seriously and will never sell or rent any personal information we collect. Nutrition Simplified may disclose some personal information we collect to service providers who help us provide personalized content and advertising to you. When you buy a product or products through our Nutrition Simplified Shop (www.nutritionsimplified.co), Nutrition Simplified discloses your personal information to a third party service provider for production, fulfillment and shipping of your order. Nutrition Simplified takes steps to ensure that each of our service providers to whom we share personal information are committed to maintaining the privacy of such information as outlined in this Privacy Policy. 

How Nutrition Simplified Protects Your Privacy

Nutrition Simplified is committed to protecting your privacy. Security measures, such as locked filing cabinets, restricted access and the use of passwords and encryption have been adopted to protect your personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Our employees have been trained to respect your privacy at all times. Our employees who have access to your personal information are required to use it strictly in accordance with our Privacy Policy and applicable laws.

All information submitted to our web site or email addresses is transferred to the Nutrition Simplified computer servers. During an on-line transaction, this information is submitted using the Secure Socket Layer (SSL) technology. SSL-enabled web browsers employ a security protocol between the client and the server computer in order to ensure that information will be transferred to the intended recipient secured servers only.
Nutrition Simplified will keep your personal information only as long as it remains necessary or relevant for the purposes set out in this Privacy Policy or as required by law.

There are several places throughout our web site that may link you to other web sites that do not operate under Nutrition Simplified’s Privacy Policy. When you click through to these web sites, Nutrition Simplified’s Privacy Policy no longer applies. We recommend that you examine the privacy statements of any third-party web sites you visit to understand their procedures for collecting, using, and disclosing your information. Nutrition Simplified makes no promises, warranties or representations about these third party web sites and bears no liability whatsoever for your use of them. The internet is, by its nature, inherently open and subject to interception of information. We cannot guarantee that information you provide to us over the internet or otherwise will not be intercepted by third parties while it is being communicated by means that are outside of our control.

Your Consent

By choosing to provide us with your personal information you are consenting to its collection, use and disclosure in accordance with the principles outlined in this Privacy Policy. If you are under the age of 18, you must not provide any personal information to us without the consent of your parent or guardian, or as otherwise provided for by applicable law. Nutrition Simplified encourages you to review our on-line Privacy Policy on a periodic basis. This Privacy Policy may be updated from time-to-time and your subsequent use of our web site will be your consent to the collection, use and disclosure of your information as set out in this Privacy Policy. If you don’t want Nutrition Simplified to collect, use or disclose your personal information as outlined in this Privacy Policy, please tell us at the time the information is requested or collected. You can also contact Nutrition Simplified’s Director of Operations by email with any questions or concerns.

Verifying And Amending Your Personal Information

Nutrition Simplified tries to ensure that all personal information about you that is in our possession is accurate, complete and up-to-date. To enable us to do so, please inform the person to whom you provided your personal information of any change to that information.

You can inquire about, access and review your personal information held by Nutrition Simplified and make corrections to it. Please contact us by sending an email for assistance with these matters. In some cases Nutrition Simplified will be prevented from disclosing the requested information to you. If any request you make for access to personal information is denied, we will provide you with an explanation.

If you have any questions regarding these Terms and Conditions or Privacy Policy, you may contact us at hello (at) nutritionsimplified.co