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Terms and Conditions
 


Welcome to the Nutrilligence Web site. Nutrilligence is a nutrition consulting entity providing lifestyle and nutrition related information. Our services are comprised of personalized programs related to food, food preparation, nutritional supplements and exercise, (the "Services") for use by general population in need of assistance with improving health and lifestyle through proper nutrition. The Services and use of Nutrilligence’s Internet Web sites (the "Sites"), which includes nutrilligene.com and zeroGdiet.com, are provided to you and our other Customers under the provisions of these Terms and Conditions of Use and in conjunction with any other agreements, rules, policies or protocols presented on the Sites, or otherwise, including any amendments to them.

Description of Solutions and Services

We are not physicians. As such, we do not diagnose or treat disease. We help support the innate healing response of the body through food, food preparation, nutritional supplements, relaxation and exercise programs.

Notice of Acceptance of Terms and Conditions of Use

PLEASE READ AND ACKNOWLEDGE ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE BEFORE USING THE SITES. THESE TERMS AND CONDITIONS ARE PART OF A LEGAL AGREEMENT BETWEEN NUTRILLIGENCE AND THE CUSTOMERS AND USERS, (AS DEFINED BELOW), OF THE SITES. BY CLICKING ON THE ACKNOWLEDGMENT OR AGREE BUTTONS, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF USE FOR THE SITES. YOU FURTHER AGREE THAT EACH SUBSEQUENT USE OF THE SITES REAFFIRMS YOUR ACKNOWLEDGMENT AND AGREEMENT TO THESE TERMS AND CONDITIONS OF USE. THE TERMS AND CONDITIONS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN NUTRILLIGENCE AND THE USER EXCEPT WHERE THIS AGREEMENT MAY CONFLICT WITH THE PROVISIONS OF ANY OTHER SEPARATE CONTRACT OR AGREEMENT, WHEREIN THE PROVISIONS OF THAT CONTRACT OR AGREEMENT TAKE PRECEDENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT EXECUTE AGREEMENTS FOR USE OF SERVICES, DO NOT CLICK ON THE ACKNOWLEDGMENT OR AGREE BUTTONS OR OTHERWISE MANIFEST CONSENT, AND DO NOT USE THE SITES. THE RIGHT TO USE THE PRODUCTS, SERVICES AND SITES IS NOT TRANSFERABLE.

Ownership, License and Restrictions on Use

Nutrilligence owns the content of Services and the Site, including without limitation the graphics, names, text, software, music, videos, sound, pictures, compilations, gross statistical data, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in them including all modifications thereto. Subject to your agreement to these Terms and Conditions of Use of Nutrilligence’s Web site(s), Nutrilligence hereby grants you a limited, revocable, nonexclusive, nontransferable license (without the right to grant sublicenses) to view and use the Nutrilligence Web site(s) (including but not limited to nutrilligence.com, zeroGdiet.com) and other Nutrilligence materials solely for your own internal business purposes. All ownership rights are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not copy, republish, "mirror", reproduce, "frame", distribute, download, upload, display, sell, post, decompile, reverse engineer, disassemble, incorporate into another work, use in creating a derivative work, transfer, make available to third parties any portion of any Nutrilligence Web site or other Nutrilligence materials or otherwise exploit the Solutions, Services and Sites in any way, except that limited reproduction is permitted for distribution within your internal organization only. In no event may you remove any copyright or other proprietary notices, legends or logos appearing on the Sites.

Prohibited Uses

By using Nutrilligence’s Sites, you agree not to upload or distribute in any way any files that contain viruses, corrupted files or any similar software or programs that may damage the operation of anyone else's computer, the Services or the Sites. You agree not to interfere or disrupt networks connected to the Services or Sites. Any attempt by you to gain unauthorized access to any computer system, including accounts or databases maintained by and for Nutrilligence is strictly forbidden. You agree to comply with all applicable laws relating to such conduct and all laws, rules and regulations regarding transmission of technical data exported from the United States. If you engage in any activities set forth in this paragraph or violate any of the Terms and Conditions of Use, your use of Services and Sites will be prohibited. Nutrilligence will report such conduct to the appropriate authorities.

Modification to Services; Terms and Conditions of Use

As a Customer or User, you acknowledge and agree that Nutrilligence may, with or without notice, modify, delete or amend the Services or Sites; that Nutrilligence may further modify, delete or amend the Terms and Conditions of Use from time to time, including the fees charged for certain services. Nutrilligence shall also have the right at any time to change or discontinue any aspect of the Services or Sites, including but not limited to content and equipment needed for access or use. Such changes, modifications, or additions shall be effective immediately upon notice to each Customer or User, which notice may be given by means including but not limited to posting on the Sites or electronic mail. Any use of the Services or Sites following such notice will be deemed to be Customer's or User's acceptance of the changes, modifications additions, deletion or amendment to Services, Sites or Terms and Conditions of Use.

Disclaimers

CUSTOMER OR USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF SERVICES OR SITES ARE AT A CUSTOMER'S OR USER'S SOLE RISK. THE SERVICES AND SITES ARE PROVIDED ON AN "AS IS" BASIS. NUTRILLIGENCE ESPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE PRODUCT, SERVICES AND SITES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NUTRILLIGENCE DISCLAIMS ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY ERRORS AND OMMISSIONS IN CONTENT, INCLUDING BUT NOT LIMITED TO OUTDATED INFORMATION AND TYPOGRAPHICAL ERRORS, THE UNAVAILABILITY OF THE SITE OR ANY PORTION THEREOF, YOUR USE OF THE SITES, OR YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NUTRILLIGENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SAME.

NUTRILLIGENCE MAKES NO WARRANTIES THAT THE SERVICES OR SITES WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES NUTRILLIGENCE MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICES OR SITES, THAT DEFECTS IN THE SOFTWARE FOR THE SERVICES WILL BE CORRECTED OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

AS A CUSTOMER OR USER, YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE PRODUCTS, SERVICES OR SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

NUTRILLIGENCE MAKES NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITES OR ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON THE PRODUCTS, SERVICES OR SITES.

NUTRILLIGENCE DISCLAIMS ANY RESPONSIBILITY FOR ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH MAY BE OBTAINED BY CUSTOMER BY, THROUGH OR AS A RESULT OF USING THE SERVICES OR SITES AND EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING SAME WHATSOEVER.

In jurisdiction where an exclusion of implied warranties is not permitted, those disclaimers will not apply. To the extent that the above disclaimers and limitations conflict with the corresponding provisions of any other agreement with Nutrilligence related to the Services to which you are a party, then the provisions of such other agreement or agreements shall prevail.

Limitation of Liability

NEITHER NUTRILLIGENCE, NOR ANY SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES THEREOF SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO ANY ERRORS OR OMISSIONS FROM THESE SITES AND THEIR CONTENT, THE UNAVAILABILITY OF THE SITES OR ANY PORTION THEREOF, YOUR USE OF THE SITES, OR YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NUTRILLIGENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links

The hypertext links to Web sites of third parties provided on this site are a convenience for our customers. By linking to these external sites, Nutrilligence is not endorsing the products, services, businesses or sites provided by these sources, in any way for any purpose. These external Web sites contain information and content provided by individuals and companies other than Nutrilligence. Nutrilligence has no control over the content and is not responsible for any information found on these sites. Nutrilligence is also not responsible for the practices or data collection methods employed by these external sites. When you link to an external Web site, Nutrilligence’s privacy policies and terms and conditions of use are not applicable to the linked site. Nutrilligence disclaims any responsibility for advice, products, services or information that may be obtained by you through or as a result of using the hypertext links, and expressly disclaims any and all warranties regarding same. You assume sole responsibility for the use of third-party links.

As a customer, you understand and agree that any software, material or data downloaded or otherwise obtained by linking to an external or third-party site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, loss of use or loss of data that results from the download of such software, material or data.

To create a hypertext link from your organization to any part of the Site, please contact our Web site Administrator, nino@nutrilligence.com.

Indemnification

As a Customer, you are responsible for you own use and the use of your authorized users of the Services and Sites and for their consequences. Therefore you agree to defend, indemnify and hold harmless Nutrilligence, its subsidiaries, affiliates, officers, directors and employees for any and all claims, demands, and damages, including attorneys' fees, due to or arising from your use of the Services or Sites and other conduct related in any way to the Services or Sites, including but not limited to breaching any warranty or provisions contained in these Terms and Conditions of Use. The Terms and Conditions of Use will apply to any Nutrilligence successors, licensees and assignees.

Future Offerings or Enhancements

These Sites may contain descriptions of future offerings, changes or enhancements. You should not rely on prospective statements regarding any future offerings about the improved functionality or enhancements until they are actually publicly released and in use on the Sites.

Governing Law

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Any legal action or proceeding arising out of or relating to these Terms and Conditions of Use, Services or the Sites shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of California located in Sacramento, California.






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