Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

By accessing or using Nutrihand Pro this website(the "Site" or the "Website"), you agree to be bound by the following Terms of Use.

The purpose of the Website is to provide online tools and health services including nutrition, fitness and medical electronic logs. The content of the Website is for general information purposes only and is for your personal use. You may only use the Website in accordance with these Terms of Use, and may not use the Website to engage in any unlawful activity or fraudulent purpose or to infringe on the rights of Nutrihand Inc, its affiliates, partners or others.

NOT MEDICAL ADVICE

All content available on the Website, including but not limited to calorie counts, nutritional facts, BMI calculations, charts and projections, is believed to be accurate and in accordance with guidelines published by the United States Department of Agriculture, the United States Food and Drug Administration ("FDA"), including guidelines relating to the Recommended Daily Allowances ("USRDA"), the American Dietetic Association and other applicable authorities.

The contents of this site, such as text, graphics, images, information obtained from our's licensors and other material contained on the site are for informational purposes only. The service, content and tools are not intended to be a substitute for professional medical advice, diagnosis or treatment.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.

When working with your healthcare professional through our Website, seek advise directly from them. Our site provides tools for secure communication, unless otherwise explicity disclosed.

Our company and its partners' do not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided by our site is solely at your own risk.

USE OF SERVICE - PROPRIETARY INFORMATION

All content on the Website, including its features, appearance and "look&feel", is owned by Nutrihand Inc unless otherwise expressly indicated. You may not modify, copy, distribute, transmit, display, perform or create derivative works from the content, information or material on the Website.

Any trademarks, service marks or trade names that appear on the Site or are referenced on the Site are the property of its owners and no license or other right to use such marks or names shall be deemed granted.

USER SUPPLIED CONTENT

You understand and acknowledge that you are solely responsible for all information, data, text or other materials or content that you provide using this Website and that Nutrihand and its partners are not responsible or liable for this information.

When adding your recipes, meals plans, diets, fitness routines, recommendations, articles, trivias or questionnaires they are saved under your own account, as your mini-database, and only you have ownership of that information. That information is not automatically published in our main database. Only you can share this content with the people you choose to.

But, if you use any of our social media tools, or add a new food or exercise to the database, you grant Nutrihand Inc and its partners an irrevocable, non-exclusive, royalty-free, sublicensable, world wide license to use such information for any purpose. You agree that you will not post offensive, abusive, harassing, unlawful or otherwise objectionable material on the Site. Nutrihand and its parnters reserves the right but not the obligation to remove, edit or relocate any user supplied content at its sole discretion.

All user supplied content documented in the above paragraph are not confidential.

If you disclose, discuss or provide any information, including Personally Identifiable Information and Protected Health Information, on the Website, when using Social Media tools, including on any forums, chat rooms, message boards, blogs or communities, you do so at your own risk and you are solely responsible for the consequences of disclosing, discussing or providing such information.

Any Personally Identifiable Information, any messages exchanged using our Message Center or any Protected Health Information (as such terms are defined in the Health Insurance Portability and Accountability Act of 1996, as amended) on the Website are secure, private and protected.

ACCOUNT CANCELATIONS

Members of the Website may cancel their accounts at any time. The cancellation link can be found on the My Sumary tab, under Account. The Site's service is billed in advance and its fees are nonrefundable. There are no refunds or credits for partial months of service or for unused months of membership. In order to treat all users equally, no exceptions will be made.

LIABILITY OF NUTRIHAND AND ITS LICENSORS

The use of this site, content and services is at your own risk.

When using the site, information will be transmitted over a medium which is beyond the control and jurisdiction of Nutrihand, its partners and suppliers. Accordingly, Nutrihand assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this site.

This site, the content and services are provided on an "as is" basis. Nutrihand, ITS DIRECTORS, ITS EMPLOYEES, ITS CONTRATORS, ITS LICENSORS, ITS PARTNERS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, Nutrihand, its employees, its directors, its contractors, licensors, its partners and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of this site or Nutrihand.
  2. The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the content contained on this site.

In no event shall Nutrihand, its directors, its employees, its contractors, its licensors, its partners, its suppliers or any third parties mentioned on this site be liable for any damages (including, without limitation, incidental and consequential damages, Personal injury/wrongful death lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use this site, content or service whether based on warranty, contract, tort or any other legal theory, and whether or not Nutrihand is advised of the possibility of such damages. Nutrihand shall be liable only to the extent of actual damages incurred by you, not to exceed U.S.$1000. Nutrihand is not liable for any Personal injury, including death, caused by your use or misuse of the site, content or public area (as defined below). Any claims arising in connection with your use of the site, any content or the public areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

LINKS TO OTHER SITES

Nutrihand does not endorse the content on any third party websites. Nutrihand is not responsible for the content of linked third-party sites, sites framed within this site, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the Terms of Use of use for such sites. Nutrihand does not endorse any products advertised or searchable on this site.

INDEMNITY

You agree to defend, indemnify and hold Nutrihand, its officers, directors, employees, contractors, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

GENERAL

Nutrihand Inc is based in Mountain View, California, in the United States of America. Nutrihand makes no claims that the service or content is appropriate or may be used or downloaded outside of the United States. Access to the service or content may not be legal by certain persons or in certain countries. If you access this site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with Nutrihand, or in any way relating to your use of this site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of Personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Nutrihand or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

COMPLETE AGREEMENT

Except as expressly provided in a particular "legal notice" on this site, these Terms of Use constitute the entire agreement between you and Nutrihand Inc with respect to the use of this site, service and content. Your use of this site is also subject to our Privacy Policy.

Thank you for your cooperation. We hope you find this site helpful and convenient to use!

Questions or comments regarding this Website should be directed by electronic mail to contactus@nutrihand-inc.com or via U.S. mail to Nutrihand Inc at 569 Clyde Avenue Suite 520, Mountain View, California 94043.

WARRANTIES AND DISCLAIMERS

Nutrihand does not assume any responsibility for your use of the Website. Nutrihand is not responsible for the quality or availability of any third party products or services that may be advertised on this site or to which links may be provided solely for informational purposes.

Nutrihand DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, INCLUDING ANY WARRANTIES OF TITLE OR NON INFRINGEMENT OF THIRD PARTIES' RIGHTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO ANY INFORMATION OR SERVICE PROVIDED BY OR THROUGH Nutrihand, EXCEPT AS OTHERWISE SPECIFIED BY Nutrihand. Nutrihand DOES NOT WARRANT THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION, OR SERVICE PROVIDED BY OR THROUGH THIS WEBSITE. Nutrihand DOES NOT WARRANT THE AVAILABILITY OR ACCESSIBILITY OF THIS SITE. USERS ARE SOLELY RESPONSIBLE FOR ALL INTERNET AND TELECOMMUNICATIONS CONNECTIONS, CHOICE OF HARDWARE OR BROWSER. Nutrihand IS NOT LIABLE TO ANYONE FOR ANY ACT OR OMISSION TAKEN IN RELIANCE UPON ANY INFORMATION PROVIDED BY Nutrihand.

Nutrihand has developed and posted policies regarding appropriate conduct on its site. You may not use Nutrihand or its services, for any unlawful purpose or for that which is prohibited by this Agreement and the Nutrihand policies. Nutrihand may deny you access to Nutrihand at any time if you violate any of the terms of this Agreement at the sole discretion of Nutrihand.

Nutrihand may take steps as it deems necessary to investigate any violation of this Agreement, including the recording of any communications.

Nutrihand is not responsible for delays or failure in performance resulting from acts beyond the control of Nutrihand. Such acts shall include but not limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, communication line failures, power failures, earthquakes, or other disasters.

Nutrihand SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR Personal INJURY OR WRONGFUL DEATH, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING OUT OF THE VIEWING OR USE OF, OR INABILITY TO VIEW OR USE, DIET OR FITNESS PLANS. YOU AGREE TO FULLY DEFEND, INDEMNIFY AND HOLD HARMLESS Nutrihand AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY LIABILITIES AND DAMAGES ARISING OUT OF ANY LEGAL ACTION OR CLAIM (INCLUDING ATTORNEYS' FEES AND EXPENSES) CONCERNING YOUR PROFESSIONAL SERVICES OR YOUR VIEWING OR USE OF Nutrihand's SITES, CONTENT OR SERVICES.

INFRINGIMENT CLAIMS

To report copyright infringement on this site, please notify General Legal Counselor at Nutrihand Inc, 569 Clyde Avenue Suite 520, Mountain View, California 93043.

Notice. Notices to Nutrihand must be in writing and be delivered by the U.S. Postal Service or a United States national overnight delivery service, addressed as follows. Notices to Nutrihand must be addressed to: Nutrihand Inc, 569 Clyde Avenue Suite 520, Mountain View, California 93043. Notices shall be deemed effective five business days after deposit with the U.S. Postal Service or two business days after deposit with a United States national overnight delivery service Notices to the Client may be sent by email and will be deemed effective upon receipt.

STATUE OF LIMITATIONS

The parties agree that, regardless of any statute, rule, or regulation to the contrary, any claim or cause of action against the other party arising out of or relating to this Agreement or viewing or use of Nutrihand must be filed within one year after such claim or cause of action arose.

CHOICE OF LAW AND JURISDICTION

The parties agree that, regardless of any statute, rule, or regulation to the contrary, any claim or cause of action against the other party arising out of or relating to this Agreement or viewing or use of Nutrihand must be filed within one year after such claim or cause of action arose.

Last updated: June 7, 2011

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