The information, services, products, claims, course topics, and materials on our Site are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or strategies listed on this site as well as those that are provided in our products or to our participants in our courses or meal plans. The only exception is the guarantees of satisfaction that are clearly labeled guarantees within our Site. Neither we nor any of our respective affiliates, licensees or suppliers warrant that any functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information, or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any products or services offered on the sites we link to. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
LIMITATION OF LIABILITY
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Site, or any products or services provided pursuant to the Site, or for any actions you may have taken based on information provided via a meal plan you received, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Site or purchasing the relevant product or service.
Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from us, a guest blogger or speaker on our Site, teaching a course or at one of our events.
We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to any guest speaker or blogger in connection with the display of their photo, name, or biography posted on our Site or in our marketing materials.
NO PROFESSIONAL ADVICE
The information contained in or made available through the Site in any form, including, but not limited to information provided via personal meal plans cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention.
Ms. Thornham has over 16 years of experience as a registered dietitian and certified diabetes educator working in a variety of settings including a large in-patient, teaching hospital and an integrated managed care consortium.
While, Food Review, LLC, uses trained dietary and nutritional professionals, including a registered dietitian and certified diabetes educator to create the content, advice, meal plans webinars offered on our Site, we do not know you and cannot personally monitor your care or your understanding and/or adherence to our instructions. Therefore, neither we, nor our licensors or suppliers make any 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 Site. Furthermore, neither we nor our partners, affiliates, licensors, suppliers or other related parties, will be 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. And by using our site you expressly agree not to attempt to hold us liable for any consequences that result based on your decisions, actions or results, related to the use of our products and services at any time, under any circumstance.
NO SPECIFIC RESULTS DISCLAIMER
By eating healthy, nutritionally sound meals you will feel better and have more energy. In addition, if you are suffering with diabetes, or have been diagnosed with pre-diabetes using the strategies offered on our Site, when followed properly, can help you prevent or beat diabetes. However, your actual results may vary and as stipulated by law, we can not and do not make any guarantees about your ability to get any specific results from using our ideas, information, tools or strategies. What we do guarantee is your satisfaction; we offer a 30-day 100% satisfaction guarantee, if you are not happy with the quality of our products, courses or services, just ask for your money back. You should also know that all of the products, courses and services we offer are for educational and informational purposes only. Nothing on this page, our website, or any of our content, products, services or course curriculum is a promise or guarantee of any specific results, and we do not offer any information which is intended to act as a substitute for obtaining legal, medical, tax or other professional advice from a qualified professional in that field. Any results stated on our site, in the form of testimonials, case studies or otherwise are illustrative of concepts only and should not be considered average results, or promises for actual or future performance.
The Site is not directed to children under the age of 18 and we do not knowingly collect personally identifiable information from children under 18. In addition, we may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
CONFIDENTIALITY AND NON-COMPETE
Users of our Site hereby understand that the tools, processes, strategies, materials and information presented on our Site are copyrighted and proprietary, so users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Site proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and we will pursue legal action and full damages if these terms are violated in order to protect our rights.
Any dispute or claim relating in any way to your use ofwww.LevityNutrition.com or any product, course and services sold or distributed by us through our Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The United States Arbitration Act of 1925, as amended, shall apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Term and Conditions of Use as a court would.
Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s rules. Food Review, LLC will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous, nor agree to pay such costs and fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person where our offices are located.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using our Site, or otherwise purchasing any of our products, courses or services you agree that the United States Arbitration Act, and the laws of the State of Colorado, regarding online businesses, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and Privacy Policies and any dispute of any sort that might arise between you and Food Review, LLC or its Site www.LevityNutrition.com
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Food Review, LLC
D/B/A Levity Nutrition.com
9702 E. 29th Ave
Denver, CO 80238
SERVICE OF PROCESS
If you have a subpoena or other legal process to serve on us, such as for the purposes of commencing an Arbitration Proceeding, you must send it to us by certified mail at the address given above. Please note that Food Review, LLC does not accept service via e-mail or fax and will not respond to the subpoena, or documents. All subpoenas and other legal documents must be properly served on us. We will not accept or respond to improperly served documents.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information.
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We control this site from our office in Colorado, USA. We do not represent that materials, courses, products or services on the site are appropriate or available for use locations outside the USA. Persons who choose to access this site 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.
Site Owner Food Review, LLC values the privacy and security of the information that you share with us through www.LevityNutrition.com(hereafter known as the “Site”). It is important that you understand how we collect, use, and maintain your information. This Privacy Statement explains our online information practices, the choices you may make about how we collect and use your information at the Site, and the ways you may contact us.
We may change this Privacy Statement from time to time. Changes to this Privacy Statement are effective upon posting. Please check back periodically for updates. If at any point we decide to use Personal Information in a manner that is materially different from that stated at the time it was collected, we will post any such changes to the Site. We may also, at our sole discretion, notify subscribed users by way of an email. These Users will have a choice as to whether or not we use their information in this new manner. The amount, type and use of information we collect, depends on how you use the the Site.
This Privacy Statement applies only to the practices of the the Site Owner and its employees. The Site will not apply the provisions of this Privacy Statement to Business Contact Information or Aggregated Information.
“Personal Information” includes, your name, address information, personal e-mail address and URL, telephone number, account user name and password, as well as other similar information. We do not currently collect credit/debit card numbers or associated billing addresses and expiration dates, bank account numbers, or other related information.
“Prospect Information” includes the same information as Personal Information except that Prospect Information is information that is submitted by an individual who is not the subject of the data submitted.
“Non-Identifying Personal Information” includes information about you, including, without limitation, your Internet service provider, browser type, domain name, the Web Site that referred you to us, the web pages you request, the date and time of those requests, and entry and exit points.
“Aggregated Information” is any information about more than one individual where the individual identities are unknown and cannot be inferred from the information. Aggregated Information is not Personal Information.”
Business Contact Information” includes the name, title, business address, or telephone number of an employee in an organization. It also includes departmental e-mail addresses that contain no individually identifiable information. Business Contact Information is not Personal Information.
COLLECTION OF PERSONAL INFORMATION OR PROSPECT INFORMATION
The Site may collect Personal Information from you, but only if you provide it to us voluntarily. You must provide Personal Information in the form of a unique identifier (user name, password) to enter certain parts of our web site. In addition, in certain situations, such as when a purchaser buys a product as a gift and supplies the recipients’ name and address, we collect Prospect Information.
COLLECTION AND USE OF NON-IDENTIFYING PERSONAL INFORMATION
The Site does not sell or promote products for purchase by children. We do not knowingly collect, maintain, or use Personal Information or Prospect Information from children under age 18. If you are under age 18, do not share personal information with us.
USE OF PERSONAL INFORMATION
We may use and disclose Personal Information or Prospect Information as described in this document. In addition to the uses described in this document, we may use Personal Information or Prospect Information for purposes that include maintaining the the Site, order fulfillment and administration, and product surveys, administrative and analytical purposes like accounting, billing and audits, and information system management, and other similar uses. We may also use Personal Information or Prospect Information to provide current and potential customers and suppliers with information about our services.
We only collect, use, and disclose Personal Information or Prospect Information for purposes that are reasonable in the circumstances. We use only fair and lawful means to collect Personal Information or Prospect Information. We will not sell or rent your information to anyone.
We reserve the right to use or disclose Aggregated Information and Business Contact Information in ways that we think are appropriate.
Periodically, we may send you information about our various products and services, or other products and services we feel may be of interest to you. Only the Site (or agents working on behalf of the Site and under confidentiality agreements) will send you these direct mailings. If you do not want to receive such mailings, simply tell us when you give us your personal information. Or, at any time you can easily opt-out of the the Site marketing list or update your information by clicking the manage your subscription at the bottom of any email or notifying us at firstname.lastname@example.org