TERMS AND CONDITIONS OF USE

Please review the following terms and conditions relating to your use of this website.

If you have questions regarding any of the Terms and Conditions of Use and/or the practices of the Website, please refer to our Contact page.
This agreement (hereinafter, the “Agreement”) between SOLUTIONS NUTRITION LLC (hereinafter “SOLUTIONS NUTRITION”, “us” or “we”) and you sets forth the terms and conditions which govern your use of the website solutionsnutrition.com (the “Site”) and/or the online coaching program services (hereinafter the “Services”), which are provided by SOLUTIONS NUTRITIONS.

“Services” means the services provided by SOLUTIONS NUTRITIONS, such as fully described on the Site.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE RELATING TO YOUR USE OF THE SITE AND/OR THE SERVICES CAREFULLY.

Each time you access or use the Site and/or Services, you agree to be bound by these Terms and Conditions of Use (“Terms of Use”).  If you do not wish to be subject to these Terms of Use, you should not use the Site and should immediately cease such use of the Site and/or Services.

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. You should check these Terms of Use periodically for changes.

By using this Site and/or Services after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them.

If we request, you irrevocably agree to sign a non-electronic version of this Agreement.

1.         Scope of Terms of Use: General Provisions.

(a)       Scope. These Terms of Use apply to your use of this Site which is owned or operated by SOLUTIONS NUTRITION  (aka “solutionsnutrition.com”) and all the Services which we offer, currently or in the future.

(b)       General. By using the Site and/or the Services, you agree to be legally bound and to abide by these Terms of Use, just as if you had signed this Agreement. If you do not comply with these Terms of Use at any time, we reserve the right, if applicable, to terminate your access to this Site (or any part thereof), and/or the Services.

In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Site and/or Services, including, but not limited to, (i) restricting the time the Site and/or Services is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating your right to use the Site and/or Services..

From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Site to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.

2.         Services.

The Services, such as described on the Site are available solely after payment has been received from you. Unless otherwise specified in writing, the Services are for your personal and non-commercial use.

The Services shall contain, without limitation, E-mail services, Skype sessions, and various other message communication applications.

3.         Orders for Services/ Cancellation Period

(a)       There is no cost to access the Site.

(b)       To order Services, you must contact us by e-mail at laurence@solutionsnutrition.com or by calling +1 (858)336 7348 between the hours of 9:00 a.m. and 5:00 p.m. PST Monday through Friday.

Without limiting any other provision of these Terms of Use, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate the Services, and refuse any future order for Services.

You agree not to assign, transfer or sublicense your rights as a purchaser of the Services.

4.         Rates: Payment

(a)      Prices are quoted in dollars ($).You must pay in this currency. If you do not hold an account in the relevant currency, you may pay by Paypal,  debit or credit card, and you card company should exchange the amount charged to the currency of your country at their last rate

(b) Payements are required before Services have started and if not, payment is due from the moment the order for Services is accepted. Payements are invoiced as a flat rate that can be paid in one flat installment or in up to 3 equal installments.

Payments may be maid by Paypal, credit card, debit card or by check.

The amount invoiced will vary for each user according to his/her profile, objectives and the duration of the Services purchased.

(c)       Cancellation period. You can cancel your subscription to the Services and obtain a refund of the charges paid by contacting us by e-mail at laurence@solutionsnutrition.com or by calling +1 (858)336 7348 between the hours of 9:00 a.m. and 5:00 p.m. PST Monday through Friday, within 48 hours prior to the scheduled Services in order to receive a full refund. Cancellations received 24 to 48 hours before the scheduled Services will receive a 50% refund.

After this period, payment for the Services will be due in full, and in no event shall any refund be issued.

We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail).

If payment cannot be charged to your credit card we reserve the right to suspend or terminate the Services.

You are also responsible for all charges and fees associated with connecting to the Site and using the Services, including without limitation all telephone access lines (including long distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access the Services.

5.         Use of Services and Prohibited activities.

You acknowledge and agree that the Site and/or Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of SOLUTIONS NUTRITION or our content providers.

In connection with your use of the Site and/or the Services, you acknowledge and agree that you will not:

a.         Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site and/or the Services;

b.         Delete any author attributions, legal notices or proprietary designations or labels;

c.         Violate any applicable local, state, national or international law, rule or regulation or use the Site and/or the Services for any purpose that is prohibited by these terms of use;

d.          Manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology;

e.         Register, subscribe or unsubscribe any party for any SOLUTIONS NUTRITION or service if you are not expressly authorized by such party to do so;

f.          Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or harvest or otherwise collect information about other users without their consent.

6.         Parental or Guardian Permission.

Some of the Content on this Site may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before viewing our Site and the Services.

7.         Privacy.

Please review the Privacy Policy, which is incorporated into these Terms by this reference. By accepting these Terms of Use, you acknowledge this Policy.

8.       Disclaimer of Warranties.

THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOLUTIONS NUTRITION AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITE ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOUR USE OF THE SITE AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK.

9.       Limitation of Liability.

NEITHER SOLUTIONS NUTRITION NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE OR THE SERVICES, OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES.

IN NO EVENT SHALL SOLUTIONS NUTRITION’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT

[INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SITE, OR WITH ANY PROVISION OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS SITE AND SERVICES.

IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

10.       Medical Advice Disclaimer.

SOLUTIONS NUTRITION’s programs, has been developed by a Certified Nutritionist Consultant (Natural Healing Institute of Encinitas, California). However, SOLUTIONS NUTRITION is not a medical organization and we cannot give you medical advice. We strongly urge you to consult with your physician (or primary health-care provider) before starting any weight loss plan. We also urge you to get periodic medical checkups. Medical monitoring is especially important for people with a known medical condition.

SOLUTIONS NUTRITION offers health, fitness and nutrition and micro-nutrition related information, but is designed for non-commercial, informational purposes only.

YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITE OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE AND/OR SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITE AND/OR SERVICES IS SOLELY AT YOUR OWN RISK.

Nothing stated or posted on the Site or available through the Services is intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of these Terms of Use, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice.

Developments in medical research may impact the health, fitness and nutritional topics discussed on the Site or through the Services and no assurance can be given that the information contained in this Site will always include the most recent findings or developments with respect to the particular material.

Your access or use of the Site and/or the Services does not create in any way 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 our Licensors. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Site.

YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN BEFORE BEGINNING ANY WEIGHT LOSS EFFORT OR REGIMEN.

This Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors, pregnant women, or individuals with any type of health condition, including without limitations insulin dependent diabetes, bulimia nervosa, cardiac insufficiency, renal insufficiency, and depression. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.

11.       Indemnification.

You agree to indemnify, hold harmless and, at our option, defend SOLUTIONS NUTRITION and its affiliates, officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Site and/or Services, your violation of these Terms of Use, or your infringement, or of any intellectual property or other right of any person or entity.

12.       Proprietary Rights.

You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of SOLUTIONS NUTRITION or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning SOLUTIONS NUTRITION or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

13.       Copyright Policy.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by SOLUTIONS NUTRITION infringe your copyright, you or your agent may send to SOLUTIONS NUTRITION a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon SOLUTIONS NUTRITION actual knowledge of facts or circumstances from which infringing material or acts are evident.

14.       Jurisdictional Issues.

We make no representation or warranty that the content and materials on the Site and/or or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. SOLUTIONS NUTRITION reserves the right, at any time in its sole discretion, to limit the availability and accessibility of the Site and/or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.

15.       Governing Law and Choice of Forum.

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Site and/or Services or these Terms of Use shall be filed only in the state or federal courts located in San Diego County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

16.       Termination.

This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that SOLUTIONS NUTRITION, in its sole discretion, may terminate the use of the Sites or Services, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Section 16 may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.

17.       General Information.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use are the entire agreement between you and us relating to the subject matter herein.

These Terms of Use may be modified only by our posting of changes to these Terms of Use on this Site, or by written agreement of both parties. Each time you access this Site, you will be deemed to have accepted any such changes.

The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any right under the Terms of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.