MY SPORTS DIETITIAN
TERMS AND CONDITIONS
Terms and Conditions
Please read these Terms and Conditions of Use (“Terms”) carefully. These Terms apply to the websites owned (however accessed and/or used, whether via personal computers, mobile devices, or otherwise) or controlled by My Sports Dietitian or other interactive features that are accessible or downloadable through the web sites owned or controlled by My Sports Dietitian (collectively, the “Web Sites”). The Terms govern the manner in which you may access the Site and use any of our services, products or functions. The terms (“You”) and (“User”) refer to all individuals and entities that access the Site.
If you wish to become a registered user, communicate with other users and make full use of Site, you must read this agreement and indicate your acceptance during the registration process. By accessing the Web Sites you accept, without limitation or qualification, the following Terms. You are only authorized to use these Web Sites and its services if you agree to abide by all these Terms. If you do not accept these Terms, you must discontinue use of the Web Sites.
Modifications to Terms
We may modify these Terms from time to time and such modification will be effective upon posting on the Web Sites. You agree to be bound to any changes to these Terms when you use these Web Sites after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made. We will do our best to notify you or post announcements on the site if anything important needs to be known.
Content on the Web Sites is for informational purposes only and is not intended to replace the relationship with your physician or other medical provider. The Site should not be used by people who have adverse medical or nutritional conditions. If you suspect you have a medical condition or nutritional condition(s) consult your physician.
You represent that you are using the Site for its intended purposes. If you are registering or using this site on behalf of a company or other organization, you represent that you have the authority to bind your employer by your actions.
When you register an account with the Site you will be prompted to complete the registration form. You agree to provide true, accurate, current and complete information about yourself. If you provide any information that is untrue, inaccurate, offensive the Web Sites have the right to suspend or terminate your account without notice to you and refuse any and all of your current or future use of Web Sites. Your affirmative act of using these Web Sites and/or registering for the Web Sites constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically. If you are between the ages of 13-17, a parent’s approval will be required before registering an account.
Account Age and Eligibility
You are not permitted to use these Web Sites if you are under 13 years of age. When you create an account you certify that you meet this age requirement. If you do not meet this age requirement but still create an account, or if we suspect you do not meet this age requirement, we will consider you in violation of these Terms and terminate your account immediately without prior notice. If you are between the ages of 13-17, your parent will be required to approve your account creation through an email invitation from a Site Administrator.
Passwords and Account Security
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. Further you agree to ensure that you exit from your account at the end of each session in which you use it. The Site cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your account as a result of your failure to maintain its security.
In relationships with any other users on Web Sites, you agree not to transmit “spam” or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy or infringing of another’s intellectual property rights. Users found using email or any other contact information in this manner may have their account t suspended or terminated without prior notice. We are not responsible for the content of email messages sent to you from other users.
If you are not satisfied with the Web Sites or its services, you may terminate your Account and request a refund of fees you paid within 30 days after purchase by emailing us at email@example.com. All accounts associated with that payment will also be terminated.
Cancellation/Termination of Account
At any time, you may cancel or terminate your Account. Contact us at firstname.lastname@example.org to request to terminate or cancel your account. The Web Sites at its sole discretion can cancel or terminate your account without prior notice. We may (but are not obligated) to remove any and all information and/or files related to your account and/or deny any access to such information.
Changes to Web Sites
The Web Sites may change or discontinue, temporarily or permanently, any feature or component of the Web Sites at any time without further notice. You agree that Web Sites shall not be liable to you for any modification, suspension or discontinuance of any feature or component of the Web Sites.
The Web Sites is provided “As Is”. Neither Web Sites nor its partners, suppliers or affiliates make any representation or warranties of any kind, expressed or implied, as to the operation of the Web Sites, its content and applications. Furthermore, We Sites do not warrant that use of the Web Sites will be uninterrupted at any time from any particular location, secure or error free, that defects will be corrected, or that the Web Sites are free of viruses or other potentially harmful components.
Third Party Websites
The Web Sites may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.
Reservations of Intellectual Properties
Except for the User generated content, the Web Sites and all aspects thereof, including all content and applications available via the Web Sites and all of its copyright, trademarks, and other intellectual property rights therein, is owned by Web Sites or its licensors. You acknowledge that the Web Sites and any underlying technology used in connection with Web Sites contain the Web Site’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publically display or commercially exploit any part of the Web Sites, including any application available via the Web Sites, except as necessary to view the content on the Web Sites or use an application (without modification) for your personal, non-commercial use. All rights in the Web Sites not expressly granted by Web Sites to you are retained by Web Sites and its licensors.
Without limiting any other provisions of these Terms, you may not use this Site for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Site may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.
You expressly agree not to:
* Use Site or its contents for any commercial purpose.
* Access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
* Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure.
* “frame,” “mirror” or otherwise incorporate any part of Site into any other website without our prior written permission.
Content on the Site
The material on these Web Sites are protected by the United States of America and international copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from Web Sites without a license or other written permission obtained in advance, including but not limited to text, audio, video, code and software. During your visit to the Web Sites, however, you may download material displayed for non-commercial, personal use only (provided that you also retain all copyright and other proprietary notices contained on the materials). We neither warrant nor represent that your use of materials displayed on this Web Sites will not infringe rights of third parties not owned by us or affiliated with Web Sites.
Web Sites provides you and other users with an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, or others (“Post” or “Postings”). Postings do not reflect our views; and we have no obligation to monitor, edit, or review any postings , chat, blogs, groups, etc. We assume no responsibility or liability arising from the content neither of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on these Web Sites. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Without limiting the foregoing, the following behaviors are strictly prohibited:
* Strong, vulgar, obscene or otherwise harmful language
* Racially, ethnically or otherwise, objectionable language
* Harassing, intimidating, stalking or threatening other community members
* Libelous, defamatory or otherwise tortuous language
* Online vandalism
* Impersonation of another person or persons
* Posting, distributing, transmitting or promoting illegal content
* Invasion of another’s privacy
* Actions that are hurtful or harmful to minors
* Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party
* Posting, providing, transmitting or otherwise making available any junk mail or spam
* Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials on this Site.
We will cooperate with any law enforcement authorities or court order requesting or directing Site to disclose the identity of anyone posting any such information or materials.
User Generated Content
You represent and warrant that (i) you own the content Posted by you on Web Sites or otherwise have the right to grant the license set forth below in the subsequent paragraph, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Other than PHI (Protected Health Information), content which you submit and/or to which you hold copyright (registered or at common law) is subject to a non-exlcusive, worldwide, royalty free license for any purpose other than commercial alienation by Web Sites. This may include non-confidential notes or publications, nutrition guides, recipes, reviews or discussions regarding care techniques of providers .
You may submit content which is in public domain. When you contribute content that is in public domain, you warrant that such content is actually in public domain, and you agree to label it appropriately and be prepared to furnish information to support your warrant if reasonably requested by another user or by Web Sites.
While Web Sites may, at its own discretion, save or archive certain amounts of content submitted by users, you are always responsible for saving and backing-up copies of any content that you submit or otherwise provide to us. The status, security management or maintenance of user submitted content is never guaranteed by us.
You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents, vendors or other partners and employees harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on the Web Sites or through Web Site’s services, or by your violation of these Terms, or by your violation of the rights of another.
Disclaimers and Limitation of Liability
You understand and agree that the Web Sites are provided “AS-IS” and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to Web Sites. Nor do we assume any liability for the failure to store or maintain any user communications or personal settings. No advice, information, whether oral or written by your from Web Sites or through or from its services shall create any warranty not expressly stated in these terms and conditions. In no event shall Web Sites or its owners be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from use of Web Sites or its services even if we have been advised of the possibility of such damages.
Neither we nor our staff or agents will be responsible for any misleading, false or otherwise injurious information and advice communicated on Web Sites or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained through user-generated content posted on Web Sites.
Any failure, oversight, omission or the like on the part of the Web Sites in the reservation of claiming, assertion of any right which it may claim under these Terms or generally through the operation of its systems; Web Sites and or general business activity, now know or unknown, shall not constitute any waiver of any kind.
This agreement is governed and construed in accordance with the Laws of the United States of America. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Louisiana, in all disputes arising out of or relating to the use Web Sites services. Use of the Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Web Sites, its subsidiaries, affiliates, officers, directors, employees, and representatives harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Web Site’s services.
The section titles and other headings in these Terms are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
MY SPORTS DIETITIAN
This policy applies to the websites owned (however accessed and/or used, whether via personal computers, mobile devices, or otherwise) or controlled by My Sports Dietitian or other interactive features that are accessible or downloadable through the web sites owned or controlled by My Sports Dietitian (collectively, the “Web Sites”).
Personal and Non-personally Identifiable Information
1. “Personal Information” is any information that can be used to identify an individual user, such as name, physical address, email address, telephone number and any other similar information that can be used to uniquely identify, contact or locate an individual.
2. “Other (non-personally identifiable) information” Non-personally identifiable information is information that is not used nor intended to be used to personally identify an individual and is not associated nor linked to your personal information.
Information We Collect
1. Contact Data- personally identifiable information about the end user; such as end user’s name and email address, date of birth and physical address.
2. Demographic Data-personal information about the end user; which doesn’t specifically identify the end user, such as gender, height, weight, body composition etc.
3. Nutritional Data-information about end user’s use of the applications, which does not specifically identify the end user, such as end users caloric intake, nutritional statistics, supplements, food intake, lifestyle, sleep habits etc.
We will use the personally identifiable information that you provide:
*to send you communication and administrative emails
*to administer your account with us
*to respond to your inquiries
We will use the non-personally identifiable information:
*to customize our services for you and to personalize your experience on our Web Sites
*to analyze food intake and eating habits
*to prepare reports and summarize findings
*to provide diet analysis summaries, caloric needs etc.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and telephone. This also applies when you register for our website, sign up through any of our forms using your email address or make a purchase on this site. For further information see the email policies below.
We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as allowed in the section titled Disclosure of Your Information.
We will maintain the information you send via e-mail in accordance with applicable federal law.
In compliance with the CAN-SPAM Act, all e-mails sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.
Our emails provide users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at anytime.
Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail.
How and Why We Collect Information
The Company collects your information in order to record and support your participation in the activities you select. If you register to download a book or resources, sign up for our newsletter, and/or purchase a product from us, we collect your information. We use this information to track your preferences and to keep you informed about the products and services you have selected to receive and any related products and/or services. As a visitor to this Website, you can engage in most activities without providing any personal information. It is only when you seek to download resources and/or register for services that you are required to provide information.
If you are outside the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by the Company on this Website, we will automatically enroll you to receive our free email newsletter. If you do not wish to receive this newsletter, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to email@example.com requesting to unsubscribe from future emails.
If you are in the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by the Company on this Website, we will only enroll you to receive our free email newsletter if you affirmatively consent to it. If you do not wish to receive this newsletter, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to firstname.lastname@example.org requesting to unsubscribe from future emails.
Web Sites Users and Roles
A Site Administrator initiates account creation by inviting an Athlete also known as the “end user” to register an account. The invitation to register an account is sent by email from within the Site Admin web portal on Web Sites. The end user, if a minor (ages 13-17), must obtain parental permission before creating an account. The Site Administrator will enter end user and parent’s name/email upon sending an invitation via email to register an account. If end user is between 13-17 years of age, the parent must first approve account for the end user to register. After the parental approval, the end user can register an account. The parent will then automatically be sent an invitation via email to register an account as a Nutrition Monitor with that end user.
An Athlete (“end user”) will register an account upon email invitation from the Site Admin; if a minor (ages 13-17) with approval from a parent.
A designated individual provided by Web Sites to provide diet and nutrition coaching for the end user. In some accounts the end user may be required to pay additional fees to access diet and nutrition coaching from Nutritionist/Dietitian/Sports Dietitian.
An individual that is granted permission from end user (parental permission for end user ages 13-17) to have access to their account activity and information. The Nutrition Monitor’s role is to provide encouragement and support for the end user and assist them in achieving their dietary and nutritional goals.
When registering an account, the end user agrees to share account activity information with a Nutritionist/Dietitian/Sports Dietitian and Site Administrator. To add a Nutrition Monitor, the end user shall send a request to the Site Admin for a Nutrition Monitor to be added to their account. If end user is 13-17 years of age, parental approval is also required.
Please be aware that when you post any content that can be viewed by other users, including any Personally IdentifiableInformation, it is done at your own risk. You are strictly prohibited from sharing any Personal Identifiable Information of other users that you have an account relationship with. Suspension or termination of your account will take place with or without prior notice for any actions of sharing another person’s Personally Identifiable Information.
We reserve the right to disclose your personal information to third parties if required by a court order, law or legal process, including responding to any government or regulatory request.
Web Sites may also De Identify your Personal Identifiable Information, along with all or some of the users of Web Sites for research purpose (the “Aggregated Data”). Web Sites may desire to use the Aggregated Data in an effort to discover certain trends in testing results, or applications that require refinement. Web Sites may also use the Aggregated Data to provide Third Parties with information user patterns and trends. Web Sites may receive compensation from such third parties for their use of such information. Web Sites will require third parties who received Aggregated Data to agree that they will not attempt to make this information personally identifiable, such as combining it with other databases.
Modifications to the Private Policy
You are not permitted to use this site if you are under 13 years of age. When you create an account you certify that you meet this age requirement. If you do not meet this age requirement but still create an account, or if we suspect you do not meet this age requirement, we will consider you in violation of these Terms and may terminate your account immediately without prior notice. We do not knowingly collect personal information from children under 13 years of age, if you believe we might have any information received from a child less than 13 years of age, please contact us.
We take reasonable measures and precautions designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. We restrict access to personal information to employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations. However, we are unable to guarantee that the security measures we take will not be penetrated or compromised or that your information will remain secure under all circumstances.
Third Party Content and Links to Other Web Sites
Visitors’ GDPR Rights
If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:
We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.
You have the right to request access to your data that the Company stores and the rights to either rectify or erase your personal data.
You have the right to seek restrictions on the processing of your data.
You have the right to object to the processing of your data and the right to the portability of your data.
To the extent that you provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
MY SPORTS DIETITIAN
TEAM SPORTS DIETITIAN SERVICES: TERMS AND CONDITIONS
These Terms apply to any aspect of the Eat 2 Win Nutrition program as developed and owned by My Sports Dietitian (MSD). The Eat 2 Win Team Sports Dietitian Services will be referred to as the (“program”).The Terms govern the manner in which you access the program and use any of our services, products or functions. The terms (“You”) and (“User”) refer to all individuals and entities that utilize any aspect of the program.
Length of Services
The terms of this agreement will begin on the day of financial transaction and continue for one calendar year. If additional athletes/clients want to join the program after the initial agreement is active, the next agreement stands alone as a new agreement and does not extend or replace the original agreement.
Content and counsel in the program is for informational purposes only and is not intended to replace the relationship with your physician or other medical provider. The program should not be used by people who have adverse medical conditions. If you suspect you have a medical condition that requires a specialized nutrition program, be sure to consult with your physician.
You represent that you are utilizing the program for its intended purposes. If you are registering or using this program on behalf of a company or other organization, you represent that you have the authority to bind your employer by your actions.
When you register an account with MSD, you will be prompted to get your athletes and parents to complete an online survey. You agree to provide true, accurate, current and complete information about yourself. If you provide any information that is untrue, inaccurate or offensive, MSD has the right to suspend or terminate your account without notice to you and refuse any services provided.
Account Age and Eligibility
You are not permitted to use the program if you are under 13 years of age. If you do not meet this age requirement but still create an account, or if we suspect you do not meet this age requirement, we will consider you in violation of these Terms and terminate your account immediately without prior notice.
If you are not satisfied with the program, you may terminate your Account and request a refund of fees you paid within 30 days after purchase by emailing us at email@example.com. All accounts associated with that payment will also be terminated.
Reservations of Intellectual Properties
The program and all aspects thereof, including all content and all of its copyright, trademarks, and other intellectual property rights therein, is owned by program or its licensors. You acknowledge that the program and any content provided is the intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publically display or commercially exploit any part of the program, except as necessary to view the content or use an application (without modification) for your personal, non-commercial use.
Without limiting any other provisions of these Terms, you may not use this program for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this program may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.
You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents, vendors or other partners and employees harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available to you.
Disclaimers and Limitation of Liability
You understand and agree that the program is provided “AS-IS” and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the program. No advice, information, whether oral or written from our program or from its services shall create any warranty not expressly stated in these terms and conditions. In no event shall the program or its owners be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from use the program even if we have been advised of the possibility of such damages.
Neither we nor our staff or agents will be responsible for any misleading, false or otherwise injurious information and advice communicated through the program or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained through user-generated content shared through the program.
High School Sports Nutrition LLC
My Sports Dietitian
39038 N. Angelle Ct.
Email Address: firstname.lastname@example.org