Terms and Conditions, Privacy Agreement
Welcome to the NutritionHouseSoftware.com Site/Service which is operated by Nutrition House Software Inc. (hereunder, “Nutrition House Software”, “we”, “us” or “our”).
If you find anything in the Site that you believe violates our Terms of service, please report it to contact@NutritionHouseSoftware.com.
Our Service. Nutrition House Software is an online platform that helps you create meal plans for clients. You are responsible for ensuring you have all of the necessary technology required to access our platform. Refunds will not be offered based on your technical issues. We will not be liable for any technical issues beyond the steady serving of our own website. To sign up for a Nutrition House Software membership, we require that you provide us with your email address and certain demographic information. You have allowed us to access this information before using the Service. The Service is a recurring membership and by signing up, you authorize Nutrition House Software to charge your credit card every 1 or 12 months, based on your selected membership plan.
Payments & Refunds. Nutrition House Software offers monthly and yearly membership options, with a 30-day free trial. When you sign up for one of these options, you are committing to the term you have chosen. Monthly and yearly memberships are billed on a recurring basis. At the end of your 30-day free trial, we will automatically bill the card we have on file for you for the following period. This automatic billing will occur unless you cancel before the next billing date. You can find your billing information through your account page. We do not offer refunds for late cancellations. We do not offer refunds for unused time on a membership. You may cancel your membership at anytime through your account or emailing email@example.com. 7-days prior to your next scheduled payment. When you cancel, you will still be able to access the platform until the end of the billing cycle that you’ve already been billed for. By Agreeing to these terms, you authorize Nutrition House Software, LLC to initiate debit entries to your payment account provided. This auto-payment is to remain in full force until Nutrition House Software, LLC has received email notice from you of its termination in such a time and in such a manner as to afford Nutrition House Software, LLC a reasonable opportunity to act on it (7 days). You represent and warrant that you are authorized to execute this Authorized Agreement and I indemnify and hold the Nutrition House Software, LLC, bank and their agents harmless of damage, loss or claim resulting from all authorized actions here-under.
By agreeing to these terms, I recognize and accept that Nutrition House Software, LLC does not refund any unused time in a membership. Any declined payments will result in a $25 fee.
Charges are in U.S. dollars (USD), and all payments shall be in U.S. currency. Fees and any other charges are described on the Site. They may change from time to time. If they do change, your continued use of the Site after the change indicates your agreement with the new fees and charges after the effective date of the change. Purchasers within USA will be subject to applicable sales taxes. It is the responsibility of purchasers outside of USA to pay any applicable taxes in their jurisdiction. Any credits or negative balance associated with a Nutrition House Software account can only be used towards extending the duration of a Nutrition House Software membership and holds no cash value.
Your Content. Content means any information, text or other materials uploaded or appearing as part of the Services or on the Site. You own all Content you contribute to Nutrition House Software.
Intellectual Property. The materials displayed on or contained within the Services and Site including, without limitation all software, design, text, editorial materials, informational text, photographs, illustrations, images, audio clips, video clips, short features, tools, artwork and other graphic materials, and names, logos, trademarks and service marks (the “Materials”), are the property of Nutrition House Software, are protected by copyright, trade-mark and other intellectual property laws. Nutrition House Software name, design and related marks are trademarks of Nutrition House Software.
Any use of the Materials outside the Portable Document Format (“PDF”) file generated on the Site without express written consent of the Nutrition House Software is prohibited. Usage of our photography, recipes or any other Materials for marketing purposes is prohibited.
Rules. Your use of the Service and Site will be in compliance with all applicable laws and regulations. You will not: (i) use the Service or Site to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email; (ii) omit, delete, forge or misrepresent transmission information, including without limitation headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (iii) impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity; (iv) engage in any activities intended to withhold or cloak identity or contact information; (v) send harassing and/or threatening messages to others; (vi) transmit any viruses or any other disabling mechanisms; (vii) use the Service or Site for any illegal purpose, in violation of any applicable laws or regulations; (viii) engage in any Internet activities that would violate the privacy rights of others; (ix) attempt to penetrate security measures of the Service or Site or obtain or bypass others’ passwords; or (x) engage in denial of service attacks, or take actions designed to impair network access by flooding the Site or the Internet with useless traffic. You agree that you are responsible for your own communications and interaction with other Members on Site and that you will not post, disseminate or transmit any content on or through the Service or Site that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, invasive of another’s privacy or that promotes hatred; (ii) infringes or violates any party’s copyright, trade-mark, trade secret, patent or other proprietary rights; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information not belonging to you including without limitation any personal information belonging to minors. To the extent that the following activities are prohibited by applicable law, in using the Services or Site you will not: (i) use the Services or Site for any illegal purpose, in violation of any applicable laws or regulations; (ii) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (iii) electronically stalk or otherwise electronically harass others; or (iv) engage in any Internet activities that would violate the privacy rights of others, including but not limited to, collecting, using and disclosing information about Internet users without their permission, except as permitted by applicable law. You acknowledge and agree that you are solely responsible for your account and the security of your password relating to such account and that you will not disclose it to any third parties. In addition, you will promptly advise Nutrition House Software of any unauthorized use of your password. The Terms apply any time you use our Services or visit our Site. Violation of the Terms could result in the suspension of the Service, at the sole discretion of Nutrition House Software, without prior notice to you.
Responsibility. We are not responsible for any Content generated by Members on the Site or as part of the Services. The Services or Site may contain Content that is offensive, indecent or otherwise objectionable, as well as containing inaccuracies or errors. We disclaim any responsibility for any harm resulting from the use of or reliance on our Site or Services. The Services or Site may also contain links or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to the Services and Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Nutrition House Software. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.
Changes. We reserve the right, at our sole discretion, to modify, alter or replace any part of the Terms without prior notice. Your continued use of our Site or Services after the changes constitutes your acceptance of the changes. Additional features on the Site or Services are subject to the Terms. It is your responsibility to check the Terms periodically for changes. If you do not agree to any modifications of the Terms, you must immediately stop using the Site and Services.
Disclaimer of Warranties. The site and services, their contents, the materials, and any software, products, functionalities and services offered or contained herein are provided on an “as is” basis and on an “as available” basis. Nutrition House Software makes no representations, warranties, guarantees or conditions of any kind, whether express, legal or implied, arising from statute, course of dealing, usage of trade or otherwise, with respect to the site or service. Their contents, the materials, content provided by third parties or such software, links, tools, tips, products, functionalities and services offered or contained herein, and disclaims all such representations, warranties, guarantees and conditions, including without limitation, representations, warranties, guarantees and conditions of merchantable quality, quality or fitness for a particular purpose, non-infringement of third party rights, error-free or uninterrupted service, accuracy, availability, reliability, security, currency and completeness arising from or relating to the app or site, their content or any links, any software, tools, tips, products, functionalities or services provided through the app or site. In addition, Nutrition House Software does not provide any representation, warranty, guarantee or condition that the information accessible via the app or site is accurate, complete or current. All representations, warranties, guarantees and conditions are hereby disclaimed to the maximum extent permitted by applicable laws.
Nutritional Information Disclaimer. Nutrition House Software offers nutritional information for recipes contained on the Site. This information is provided as a courtesy and should not be construed as a guarantee by Nutrition House Software. This information is a product of the USDA Food Composition Database (SR28). Although Nutrition House Software attempts to provide accurate nutritional information, these figures should be considered estimates. Varying factors such as product types and the way ingredients are processed change the effective nutritional information in any given recipe. To obtain the most accurate representation of the nutritional information in a given recipe, you should calculate the nutritional information with the actual ingredients used in your recipe. The percent daily values are based on a 2,000 calorie diet, so your values may change depending on your calorie needs. The values here may not be 100% accurate because the recipes have not been professionally evaluated.
Limitation of Liabilities. In no event shall Nutrition House Software, its affiliates or any of their respective directors, officers, employees, agents, mandataries, consultants or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation damages for loss of data, goodwill, income or profit, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with: the Services or Site; any Nutrition House Software materials, information, qualification and recommendations appearing on the site; any tools, tips, links, functionalities or services offered through, contained in or advertised on the Services or Site; your account and password; failure of performance, error, omission, interruption, defect, delay in operation, computer virus, communication line failure, theft, destruction or unauthorized access to, or alteration of, or inability to use the Site whether or not arising from breach of contract, tort, civil liability or otherwise and even if Nutrition House Software has been advised of the possibility of such damages. This exclusion of liability shall apply to the fullest extent permitted by law. You acknowledge that you will be fully liable for all damages resulting directly or indirectly from your use of the Services or Site and your content. Nutrition House Software shall not be responsible for your content or the content of any other users submitted to the Site. You acknowledge that Nutrition House Software is not liable for any libelous, defamatory, offensive or illegal conduct of other members and/or users of the Services or Site or third parties and that the risk of injury from the foregoing rests entirely with you. You use the Services or Site at your sole risk.
Indemnification. You agree to indemnify and hold harmless Nutrition House Software and its affiliates and their respective directors, officers, employees, agents, mandataries or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising out of or in any way connected with your access to or use of the Services including: (a) your breach of the Terms; and (b) your use of the Services or Site including without limitation transmission or placement of information or material by you as related to the Services or Site; and (c) any claim or allegation that your Content infringe the intellectual property or other proprietary rights of any third party.
Termination. Nutrition House Software may at any time and at its sole discretion restrict or terminate your right to use the Services or Site.
Governing Law. The Terms shall be governed by, construed and enforced in accordance with the laws of the Province of Boston, and in each case the laws of USA applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the Province of Ontario.
General. The Terms constitute the entire agreement between you and Nutrition House Software with respect to your use of the Services or Site and supercede all previous agreements, understandings and representations relating thereto. Nothing in this Agreement shall constitute a partnership or joint venture between you and Nutrition House Software. No failure by Nutrition House Software or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of the Terms or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of the Terms, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. By using the Services, you understand these Terms are only available in English.
Respecting our member’s privacy is paramount to Nutrition House Software Inc.
Welcome to the NutritionHouseSoftware.com Site/Service which is operated by Nutrition House Software Inc. (in this Policy, “Nutrition House Software”, “we”, “us” or “our”). Read the following and learn about personal information that Nutrition House Software may collect from Members.
If you wish to make inquiries or complaints or have other concerns about our personal information practices, you may email us at contact@NutritionHouseSoftware.com.
Our Privacy Principles. We take steps intended to meet privacy principles and requirements with respect to Personal Information under applicable USA privacy legislation. The Policy explains to our Members (“you” or “your”) how we collect, use, disclose and protect your Personal Information. Personal Information is information about an identifiable individual, as more particularly described under applicable privacy legislation. The Policy applies to our collection, use and disclosure of personal information in USA. The Policy does not apply to information about our employees, information that is not Personal Information or information we collect by means or from other sources other than through the Service or our Site. Please note that this policy does not extend to information that you may provide to us or that we might acquire by other means than through our Site, such as by email or through any webpage operated by third parties, including the Facebook group.
Information We Collect. We ask for Personal Information such as your name and email address when you inquire about, request or register for a Member account with Nutrition House Software or if you have correspondence with us. We may also ask for other demographic information. If you sign up for a monthly or yearly membership, we will ask for additional information, such as your credit card number and billing address. We may also retain any messages you send to us and may collect information you provide in your Member account page. We also collect data relating to your visit to our Site. This information may include your IP address, the date, time and duration of your visits as well as the web pages you consulted. You can learn more about how Google collects data when you access our Site here.
Use of Information. We use Personal Information to communicate directly with you by sending you emails containing newsletters, promotions, special offers or other updates related to the membership or Services you inquired about.
Aggregated Statistics. Nutrition House Software may use third-party analytic tools to measure traffic and usage trends. These tools collect information sent by your browser as part of a web page request, including the web pages you visit, your browser add-ons, your browser’s width and height, and other information that assists us in improving your experience. Nutrition House Software may collect voluntary feedback and comments from Members who interact with our Service. We collect and use this analytics information and feedback in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.
Disclosure of Your Information. We will not rent, sell or share your Personal Information to third parties outside Nutrition House Software and its employees, contractors, and affiliates. We will disclose Personal Information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (1) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (2) to enforce the Terms, take precautions against liability, to investigate and defend ourselves against any claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Site; and/or (3) to exercise or protect the rights, property, or personal safety of Nutrition House Software, our Members or others.
We may use and disclose your Personal Information to parties connected with the proposed or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of Nutrition House Software or our business or assets, for the purposes of evaluating and/or performing the proposed transaction. Assignees or successors of Nutrition House Software or our business or assets may use and disclose your Personal Information for similar purposes as those described in this Policy. Additionally, Nutrition House Software may disclose your Personal Information as necessary to meet legal, regulatory, insurance, audit, and security requirements, and as otherwise with your consent or as permitted or required by law (including as required by applicable Canadian and foreign laws applicable to Nutrition House Software or our agents and service providers, and including lawful requirements to disclose Personal Information to government authorities in those countries).
Your Consent. Consent to the collection, use and disclosure of personal information may be given in various ways. Consent can be express or implied. You may provide us with consent in circumstances where notice has been provided to you about our intentions with respect to your personal information and you have not withdrawn your consent for an identified purpose. By providing Nutrition House Software with Personal Information, you consent to our collection, use and disclosure of such information for the purposes described above or otherwise at the time of collection. You may withdraw your consent to our collection, use and disclosure of your Personal Information at any time, subject to contractual and legal restrictions and reasonable notice. Note that if you withdraw your consent to certain uses of your Personal Information, we may no longer be able to provide you with certain services (including, but not limited to, the Service).
Security. We take intelligent steps to protect your Personal Information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our custody or control.
We never store your credit card information on our servers. All credit card transactions are done through Stripe which forces HTTPS for all services in addition to encrypting on disk all credit card numbers with AES-256.
Changes. We reserve the right, at our sole discretion, to modify, alter or replace any part of the Policy without prior notice. Your continued use of our website and application after the changes constitutes your acceptance of the changes. Additional features on the website and/or the Service are subject to the Policy. It is your responsibility to review the Policy periodically for changes.