Last Revised on November 2nd, 2022
Online Services this ToU Covers
Women’s Nutrition Clinic provides online nutritional, and wellness counseling, coaching, and educational programs to women (collectively the “Programs”) and also makes available to the public a number of educational materials and resources via our website and social media pages, such as blog posts, videos, podcasts, articles, and newsletters (the “Public Educational Resources”). This ToU applies to our online services, including our website http://www.womensnutritionclinic.com/, our social media pages, and any future online services we develop (collectively the “Online Services”). This ToU is effective from the date you start using our Online Services and will continue until you cease using our Online Services.
Services This ToU Doesn’t Cover
We may, at times, link to the websites and services of other brands or partners that we love. When you click on one of these links, you are leaving Women’s Nutrition Clinic, and this ToU no longer applies. The way our partners or other third parties do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service. Please note that when you are using any other third-party platform to interact with our Online Services, such as, Google, Instagram, and Facebook, you agree to their service policies, and this ToU is, in addition, not in place of such agreements. Additionally, all purchases of our Programs and access to our Programs are hosted by Healthie; as such, when purchasing a Program, you are subject to Healthie’s policies.
Acceptance of ToU
We know these ToU’s can be tedious to get through. However, by accessing our Online Services, it is understood that you agree to comply and be legally bound by the terms set out in this ToU, which is why you really should stick it out and read the whole thing.
Changes to Terms
From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our Online Services after a change has occurred, you agree to be bound by our updated ToU.
Conditions Before You Access Our Online Services
Our Online Services are not targeted or intended to be used by people under the age of 18. All children between the ages of 13 and 17 must have permission from their parent or guardian before accessing our Online Services. If you live outside of the United States, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access our Online Services regardless of having parental permission. You must be authorized to use our Online Services and enter into this ToU if you are acting on behalf of a company.
Access to Programs
To ensure that a Program is suitable for you, we require all Users that want to access our Programs to first schedule a free initial consultation with us before being able to sign up for our Programs. We reserve the right to reject a request for an initial consultation at our full discretion, and an initial consultation is not confirmed until you receive a confirmation email from us. We reserve the right to deny any User access to our Programs at our full discretion. Currently, our Programs are only available to Users located in Texas and North Carolina. All Users that signup for a Program is required to sign additional participant agreements, and such agreements are in addition and not in lieu of this ToU. All purchases of our Programs are non-refundable. Don’t worry; if you are not located in Texas or North Carolina, you still have access to our Public Educational Resources.
Access to Programs & Terms of Purchase
By requesting to purchase a Program with Women’s Nutrition Clinic, you are offering to buy a Program, representing that you are of legal age to form a binding contract, that all information you provided in connection with the order is true and accurate and that you are an authorized user of the payment method provided. When we send you an order confirmation, that is not an acceptance by Women’s Nutrition Clinic of your order. We send that to let you know we received your request, but there are a few steps necessary on our end before we can accept it.
Prior to our acceptance of an order, verification of residency and information may be required, and a participant agreement must be signed. Women’s Nutrition Clinic reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. Women’s Nutrition Clinic reserves the right to limit the number of items ordered and to refuse service to you without prior notification.
User Accounts & Member Portal
We don’t require you to have a user account to simply browse our website or social media accounts or access our Public Educational Resources. However, if you are accepted and enrolled in one of our Programs, you will additionally be able to create a member account via our website that will allow you to log into our member portal, which is hosted by the third-party software provider Heathie (the “Member Portal”). The Member portal allows for payments to be made and gives members access to Program specific offerings, which may include test results, workbooks, e-courses, meal journals, meal plans, member community forums, and other additional educational resources that are unavailable to general Users that have not purchased a Program (the “Private Educational Resources”).
Suspension and Termination of Access to Online Services
- Involuntary Suspension or Termination of Access to Online Services
We may notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior we believe is in violation. However, we reserve the right to prevent access to our Online Services at any time for any reason.
- Voluntary Termination of Third-Party Accounts
You are free to delete your Healthie account and any Third-Party Account at any time voluntarily by contacting the third party directly. However, deleting such accounts will result in you having limited ability to access and interact with our Online Services.
- Automatic Termination of Member Portal Upon Completion of Services
Upon completion of all Programs that you are enrolled in, you will no longer have access to the Member Portal. While we reserve the right to archive clients in Healtie we cannot guarantee that if you enroll in future Programs that all previous information in your Member Portal will be restored and we reserve the delete all information at our discretion, at any time. As such, we highly recommend that you download all personal notes and Private Educational Materials available via your Member Portal before you complete a Program and cease using our Program offerings.
Pricing & Billing
Program pricing may be available on our website or provided upon request, depending on the Program that you are interested in. Depending on the Program you are purchasing, you may be required to pay for the Program upfront at one time (or via a payment plan, if applicable), or the Program may have monthly recurring fees. Such fees will be set forth in the participant agreement that is required to be signed before enrollment into a Program. Cancellation terms are subject to the specific Program. All payments are processed via PCI-compliant third-party payment processors; this means we never personally see or store your credit card information when you purchase a Program. Any coupons and gift cards offered are subject to the terms and conditions of the issued coupon/gift card (including validity and expiration periods).
In the event that an advertisement for a Program lists an incorrect price, either due to typographical or other error, Women’s Nutrition Clinic has the right to refuse or cancel an order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is canceled, we will refund your original payment method in the amount of the incorrect price.
Availability & Changes
There may be times when we need to change our Program pricing, change what services a Program includes or remove a Program from our offerings. As such, prices advertised and availability of Programs are not guaranteed until you have received a confirmation of purchase from us. We also do not guarantee that any Programs, Education Resources, or other offerings on our Online Services will be available permanently, and we reserve the right to amend, delete and add to our Online Service offerings at our full discretion without notice. Notwithstanding the foregoing, if you are enrolled in a Program, and there is a change in the price or offerings of the Program, we will give you reasonable notice and allow for you to cancel your enrollment in the Program before such changes come into effect.
Educational Resource Disclaimer
Our Public Educational Resources and Private Educational Services (collectively the “Educational Resources”) are strictly educational and informational in nature and are not intended to serve as medical advice, intended to take the place of treatment or medical advice from a medical professional, or intended to diagnose, treat, cure, or prevent any disease. Women’s Nutrition Clinic makes no representations, guarantees, or warranties that Educational Resources are appropriate for you or will result in improvement in any condition that you may suffer from. Our Educational Resources represent the opinions of Women’s Nutrition Clinic (and any third-party featured) and may not be agreed upon by others. Educational Resources DO NOT create a dietitian or other patient relationship between you and anyone at Women’s Nutrition Clinic.
Women’s Nutrition Clinic is not responsible for possible health consequences of any User or Users reading or following the information in the Educational Resources, and all medical decisions that are made after reviewing the Educational Resources are at the User’s own risk. All User’s of the Educational Resources, especially individuals taking prescription or over-the-counter medications, that have medical conditions, diseases, or disabilities, or that are pregnant, should consult their physicians before beginning any nutrition, supplement, wellness, or lifestyle program. Information and statements regarding dietary supplements in the Educational Resources have not been evaluated by the Food and Drug Administration.
While we only feature third-party items in our Education Resources that we love, we may, receive a commission or other benefit when you make a purchase from a third-party affiliate vendor that we directly feature. Reference to any third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation with us unless otherwise disclosed by us in the communication featuring such reference.
Publicity & Testimonials
We love sharing how our Programs and Online Services have worked for our Users! When you post a public review, post, or comment on our website or on a third-party platform (including Instagram, Facebook, and Google Reviews) or provide us directly with a testimonial, you grant to Women’s Nutrition Clinic a perpetual, worldwide, payment-free, irrevocable license to use, repost, republish and share any such public reviews, posts, and testimonials or for our publicity and marketing purposes. While the reviews and testimonials we post are based on the real-life experiences and opinions of User who have gone through one of our Programs or used our Online Services, such opinions do not reflect the experiences of all of our Users, and User’ experiences with our Programs and Online Services may vary. The views and opinions in such reviews and testimonials solely belong to the User and do not reflect our views and opinions.
Guidelines for Our Social Services
We allow Users to comment on our blog, interact with our social media accounts, and as part of certain Programs, interact with other participants in that Program via an online community forum (the “Social Services”). To comment on our blog, you must provide your name and email address, to interact with our social media accounts, you will be required to create an account with such third-party social media service, and to join a Program online community forum, you must be enrolled in a specific Program that includes that offering. The purpose of these Social Services is to allow for questions to be asked and to facilitate a community. To ensure that these Social Services are enjoyable for everyone, we have established some ground rules to follow, and by using our Social Services, you agree to comply with these terms:
- Please don’t:
- Use the Social Services to spam or send unsolicited commercial posts;
- Share, upload, copy, distribute, exploit or otherwise make available for commercial use any content that is not solely owned by you or that you have not secured the rights in;
- Post content or communicate in a way that infringes or violates the rights of any third-party, including, without limitation, any intellectual property rights, rights of privacy, rights in contract, rights of publicity, or rights in confidential information;
- Post content or communicate in a way that is unlawful, abusive, unfairly critical, defamatory, pornographic or obscene; or
- Post content or communicate in a way that promotes or incites violence, terrorism, illegal acts, discrimination, or hatred based on race, ethnicity, cultural identity, religious belief, disability, gender, identity, or sexual orientation.
- Please do:
- Give constructive feedback on how we can improve our Online Services;
- Ask questions about our Online Services;
- Share information and appropriate commentary;
- Network and make friends; and
- Be a nice human!
We do not have any ownership rights in the content created and posted by you onto our Social Services. However, by using our Social Services to create such content, you grant to us a non-exclusive, fully paid, and royalty-free, universal, perpetual, irrevocable license to use, modify, delete from, add to, publicly display and reproduce such content in any media format through any media channel now existing or developed in the future. We will not be liable for any content posted or communicated using our Social Services, but we may, as an administrator, delete content that, at our discretion, we find inappropriate or in violation of this ToU (remember, the internet is forever). Please note that while Program members agree to keep information shared by others in the online community forum confidential, there is ultimately some risk in sharing information on the forum, and Women’s Nutrition Clinic will not be liable for breaches in confidentiality by other Program members.
Help! I Need Tech Support
We will make reasonable efforts to address technology issues associated with our Online Services. However, some questions and support requests will need to be resolved through our third-party platforms, such as Healthie, and we cannot guarantee that technical issues will be resolved effectively or efficiently.
Intellectual Property & Grant of License to Use Online Services
Our Online Services contain content, such as the “Healing Roots” and “Women’s Nutrition Clinic” name and logo, our website design, our website code, videos, photos, Educational Resources, and other materials and content, that are protected by copyright, trademark, patent, trade secret, and other laws (collectively the “Protected Materials”). We own and retain all rights to such Protected Materials. We may also use some open-source and licensed third-party content in our Online Services, such as fonts, photos, and graphics. We do not make any claim of ownership of this content, and no User is permitted to use third-party content in a way that violates third-party licensing agreements.
Women’s Nutrition Clinic does not grant or transfer any other rights, title, or interest to you in the Online Services or Protected Materials other than the following limited license: Women’s Nutrition Clinic grants to you a limited, non-exclusive, non-transferable, revocable license to access and use Women’s Nutrition Clinic’s Online Services and the Protected Materials for non-commercial personal purposes only. The copying, redistribution, use, or publication by you of any of our Protected Materials is strictly prohibited. Women’s Nutrition Clinic reserves the right to terminate this license at any time if your use of our Online Services is not in strict compliance with this ToU.
Copyright Policy & DMCA Claims
Women’s Nutrition Clinic respects the intellectual property rights of others. Our policy is to respond to and investigate any claim that content used in connection with our Online Services infringes on any person or entity’s copyright or other intellectual property rights. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our Online Services infringes on another copyrighted work, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. Per 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:
- an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on our Online Services where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent permitted to act on the copyright owner’s behalf.
Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature.
Representations and Warranties
- Women’s Nutrition Clinic’s Representations and Warranties
OUR ONLINE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” WOMEN’S NUTRITION CLINIC MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR ONLINE SERVICES. HOWEVER, WOMEN’S NUTRITION CLINIC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. WOMEN’S NUTRITION CLINIC DOES NOT WARRANT THAT USE OF WOMEN’S NUTRITION CLINIC’S ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. WOMEN’S NUTRITION CLINIC IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE.
- User Representations and Warranties
By using Women’s Nutrition Clinic’s Online Services, you represent and warrant that:
- You are free to enter into and comply with this ToU and are not under any disability, restriction, or prohibition, contractual or otherwise, that prevents you from entering into this ToU;
- You will provide accurate and truthful information regarding your personal identification and will not use any other person’s information;
- You have read and agree to this ToU and will not use Women’s Nutrition Clinic’s Online Services for any fraudulent or inappropriate purpose or in a way that violates these terms and conditions;
- You will not try to reverse engineer our site or software to circumvent access to our Online Services or Programs;
- You will not circumvent or hack any technology used by Women’s Nutrition Clinic to protect our Online Services, Programs and our Users;
- You will not transmit any worms or viruses or any code of a destructive nature;
- You will not copy or fraudulently reproduce Women’s Nutrition Clinic’s content or violate our intellectual property rights; and
- You will not modify another website so as to falsely imply that it is associated or affiliated with Women’s Nutrition Clinic or our Online Services.
Limitation of Liability
IN NO EVENT WILL WOMEN’S NUTRITION CLINIC BE LIABLE FOR YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL INFORMATION CONFIDENTIAL, YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS, OR YOUR FAILURE TO COMPLY WITH THIS TOU. WOMEN’S NUTRITION CLINIC WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE ONLINE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF ONLINE SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF WOMEN’S NUTRITION CLINIC UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO WOMEN’S NUTRITION CLINIC FOR OUR ONLINE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, WOMEN’S NUTRITION CLINIC’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND WOMEN’S NUTRITION CLINIC.
You agree to indemnify and hold Women’s Nutrition Clinic harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs) resulting from or arising from any breach by you of this ToU, and any activity related to your engagement with our Online Services.
You hereby release and forever discharge Women’s Nutrition Clinic (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to Women’s Nutrition Clinic, the Women’s Nutrition Clinic Online Services (including any interactions with, or act or omission of, other Users, or any third-party links and ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Privacy, Cookies, and Data Protection
Women’s Nutrition Clinic’s Online Services are controlled, operated, and administered from our offices within the United States of America and are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR ONLINE SERVICES ARE APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access Women’s Nutrition Clinic’s Online Services outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our Online Services, in whole or in part, to any geographic location or jurisdiction we choose.
THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO BE PART OF A CLASS ACTION. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR ONLINE SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND TERMINATION OR EXPIRATION OF ANY ONLINE SERVICES PROVIDED BY WOMEN’S NUTRITION CLINIC.
- Letting Us Know About Complaints
At Women’s Nutrition Clinic, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about Women’s Nutrition Clinic’s Online Services, please reach out to Women’s Nutrition Clinic to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.
- Mandatory Binding Arbitration
If a dispute arising out of or relating to Online Services provided under this ToU cannot be amicably resolved, the parties agree to attempt to settle the dispute with the help of a mutually agreed-upon Travis County, Texas, mediator. Each party will bear their own mediation costs unless otherwise expressly agreed upon by both parties. The parties must mediate in good faith until a settlement is reached or the mediator declares an impasse has been reached. If a settlement is not achieved through mediation, the dispute must be settled by binding arbitration administered by the American Arbitration Association (AAA) in San Antonio, Texas, per its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“AAA Rules”). Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property, which are to be resolved exclusively in the jurisdiction of Travis County, Texas. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim and becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise. If AAA has virtual arbitration services available, the arbitration will be conducted via such virtual offerings.
- Prevailing Party
If an arbitrator or court of law determines a claim against Women’s Nutrition Clinic to be frivolous or an opinion is found in our favor by the arbitrators or court, you agree to reimburse Women’s Nutrition Clinic for all fees associated with the arbitration and/or court case, including attorneys’ fees and arbitration/court costs.
- Class Action Waiver
You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against Women’s Nutrition Clinic will be initiated only in your individual capacity. Any relief awarded by an arbitrator or court of law will not affect other users of Women’s Nutrition Clinic’s Online Services.
You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of Women’s Nutrition Clinic. Women’s Nutrition Clinic reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the Women’s Nutrition Clinic business or assets.
Survival of Terms Beyond Termination
All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU will survive such termination, including but not limited to payment obligations, intellectual property rights, warranties, indemnities, disclaimers, and limitation on liability clauses.
Waiver and Severability
No waiver by Women’s Nutrition Clinic of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal, or unenforceable for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.
2028 E Ben White BLVD #240-5658
Austin, TX 78741