MY SPORTS DIETITIAN
TERMS AND CONDITIONS & PRIVACY POLICY


My Sports Dietitian 
Terms and Conditions

Last Updated: [5/19/2022]

Introduction
Please read these Terms and Conditions of Use ("Terms") carefully. These Terms apply to mysportsd.com (however accessed and/or used, whether via personal computers, mobile devices, or otherwise) or controlled by High School Sports Nutrition, LLC doing business as My Sports Dietitian (“My Sports Dietitian,” “we,” “us,” or “our”) 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. Your use of the Web Sites is subject to the following conditions, which forms a contract between you and My Sports Dietitian (the “Agreement”).

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 Website you accept, without limitation or qualification, the following Terms. You are only authorized to use these websites 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 Websites 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. 

Precautions
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.

Agency
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.

Account Creation
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 Websites if you are under 13 years of age. No one under age 13 may provide any personal information to the Web Sites or My Sports Dietitian. We do not knowingly collect personal information from children under 13, and if you are under 13, do not use or provide any information on the Web Sites or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

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 parents 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.

Electronic Communications
When you use the Web Sites, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Email Rules
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 on another's intellectual property rights. Users found using email or any other contact information in this manner may have their account suspended or terminated without prior notice. We are not responsible for the content of email messages sent to you from other users.

Refund Policy
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 support@mysportd.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 support@mysportsd.com  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 are 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, applications, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software available via the Web Sites and all of its copyright, trademarks, and other intellectual property rights therein, is owned by us or our licensors. You acknowledge that the Web Sites and any underlying technology used in connection with Web Sites contain our intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly 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 us to you are retained by us and our 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 to 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 Websites 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 theWeb 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 theseWeb 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. 

License and Access

Subject to your compliance with this Agreement, My Sports Dietitian or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Web Sites. This license does not include any resale or commercial use of any service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by My Sports Dietitian or its licensors, suppliers, publishers, rightsholders, or other content providers. No service, nor any part of any service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of My Sports Dietitian. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Web Sites without express written consent. You may not use any meta tags or any other “hidden text” utilizing My Sports Dietitian’s name or trademarks without the express written consent of My Sports Dietitian. You may not misuse the Web Sites. You may use the Web Sites only as permitted by law. The licenses granted by My Sports Dietitian terminate if you do not comply with this Agreement.

App Permissions
When you use apps created by My Sports Dietitian, you may grant certain permissions to us for your device. You agree to comply with your mobile device service terms in connection with the installation and use of our apps. 

Other Businesses
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their sites. My Sports Dietitian does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. 

User Generated Content
You represent and warrant that (i) you own the content Posted by you on Web Sitesor 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-exclusive, 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 the public domain. When you contribute content that is in the 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.

Indemnity
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 theWeb 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
THE WEB SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, AS APPLICABLE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITES ARE PROVIDED BY MY SPORTS DIETITIAN ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MY SPORTS DIETITIAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MY SPORTS DIETITIAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MY SPORTS DIETITIAN DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITES, MY SPORTS DIETITIAN’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MY SPORTS DIETITIAN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MY SPORTS DIETITIAN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

No Waiver
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.

Jurisdiction
This agreement is governed and construed in accordance with the Laws of the United States of America. Any dispute or claim relating in any way to your use of any service, or to any products or services sold or distributed by My Sports Dietitian or through the Web Sites will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law 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 this Agreement as a court would. 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent [insert name and address]. The arbitration will be conducted in Baton Rouge, Louisiana, by the American Arbitration Association (AAA)]  under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

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.

Additional My Sports Dietitian Software (Eat 2 Win App) Terms

  1. Use of the My Sports Dietitian Software (Eat 2 Win App). You may use My Sports Dietitian’s software solely for purposes of enabling you to use and enjoy the services provided by My Sports Dietitian, and as permitted by the Terms and Conditions or these Software Terms. You may not incorporate any portion of the My Sports Dietitian Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the My Sports Dietitian Software or otherwise assign any rights to the My Sports Dietitian Software in whole or in part. You may not use the My Sports Dietitian Software for any illegal purpose. We may cease providing any My Sports Dietitian Software and we may terminate your right to use any My Sports Dietitian Software at any time. Your rights to use the My Sports Dietitian Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Terms and Conditions. Additional third party terms contained within or distributed with certain My Sports Dietitian Software that are specifically identified in related documentation may apply to that My Sports Dietitian Software (or software incorporated with the My Sports Dietitian Software) and will govern the use of such software in the event of a conflict with this Agreement. All software used in the Web Sites is the property of My Sports Dietitian or its software suppliers and protected by United States and international copyright laws.

  2. Use of Third Party Services. When you use the My Sports Dietitian Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

  3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the My Sports Dietitian Software, whether in whole or in part, or create any derivative works from or of the My Sports Dietitian Software.

  4. Updates. In order to keep the My Sports Dietitian Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

  5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the My Sports Dietitian. If you are a U.S. Government end user, we are licensing the My Sports Dietitian Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the My Sports Dietitian Software are the same as the rights we grant to all others under this Agreement 

Miscellaneous
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. 

Entire Agreement
These Terms taken together with our Privacy Policy constitute the entire agreement between Websites and you, except to the extent that  any expressly agree upon and written contract is subsequently established between Web Sites and you in regard to subject matter unrelated to these Terms, otherwise not conflicting or expressly designated as conflicting and controlling. In any and all other events these Terms supersede all other agreements between Websites and you.

My Sports Dietitian
Privacy Policy

Last Updated: [5/19/2022]

This Privacy Policy describes our privacy practices. It is designed to advise you about how we collect, use, and protect the personal information we may collect from you. This Privacy Policy applies to mysportsd.com or any other site or mobile application that links to this notice (however accessed and/or used, whether via personal computers, mobile devices, or otherwise) and is owned or controlled by High School Sports Nutrition, LLC doing business as My Sports Dietitian (the “Company,” “we,” “us, or “our”) or other interactive features that are accessible or downloadable through the web sites owned or controlled by us (collectively, the “Web Sites”). 

The purpose of this Privacy Policy is to disclose to you what information we may collect on the Web Sites, how we may collect it, with whom we may share it, and certain other matters related to such information, including the choice you may have regarding our collection, use and disclosure of such information. This policy does not apply to ideas, concepts, suggestions or inventions that you send to us via email. Please do not send such correspondence to us by email if your intent is to keep such matters private.

By using Web Sites, you represent and warrant that you have read and understood, and agree to the terms of, this Privacy Policy. If you do not understand or do not agree to be bound by this privacy policy, you may not use the Web Sites.

This Privacy Policy, along with our Terms and Conditions, comprise the “Rules” that govern the Web Sites.

From time to time, we may revise this Privacy Policy, so please check back periodically. 

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.

  1. “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. Data Provided to Us: We collect and store any information you enter on our Web Sites or give us in any other way, including through use of the Web Sites. This type of information includes: (i) Contact Data, which is Personal Information about the end user; such as the end user’s name and email address, date of birth and physical address, (ii) Demographic Data, which is personal information about the end user which doesn’t specifically identify the end user, such as gender, height, weight, body composition etc., and (iii) Nutritional Data, which is 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.

    2. Traffic Data: We receive and store certain types of information whenever you interact with us. For example, like many Websites, we use "cookies," and we obtain certain types of information when your web browser accesses the Websites or advertisements and other content served by or on behalf of us on other websites. This includes information that browsers automatically make available: IP address, domain servers, date and time of your visit, details of transactions you carry out on Web Sites, browser types, computer type etc. Traffic data is anonymous information which does not personally identify you. We use cookies in order to enable you to sign in and use our Web Sites. A cookie is a small file placed on the hard drive of your computer. A web server assigns cookies uniquely to you and only a web server in the domain that issues the cookie to you can read the cookies. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Web Sites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Web Sites.
  2. Mobile Data: When you download or use our mobile applications, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services.
  3. Information from Other Sources: We may receive information about you from other sources and add it to our account information. 

Informational Sharing
We use your Personal Information and non-personally identifiable information to operate, provide, develop, and improve the products and services that we offer our customers.

We will use the personally identifiable information that you provide:
*to send you communication and administrative emails
*to notify you about changes to our Web Sites, including this Privacy Policy
*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 Websites
*to analyze food intake and eating habits
*to prepare reports and summarize findings
*to provide diet analysis summaries, caloric needs etc.

Email Information
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.

Email Policies
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 email 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 email 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 email they receive from us at any time.

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 email.

 

Cookies and Web Beacons
Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device. We use cookies, pixels, and other technologies (collectively, "cookies") to recognize your browser or device, learn more about your interests, and provide you with essential features and services and for additional purposes, including:

  • Recognizing you when you sign-in to use our services; 
  • Keeping track of your account preferences; 
  • Keeping track of items stored in your shopping basket; 
  • Conducting research and diagnostics to improve our content, products, and services; 
  • Preventing fraudulent activity; 
  • Improving security; 
  • Delivering content, including ads, relevant to your interests on the Web Sites and third-party sites; and 
  • Reporting, such as to measure and analyze the performance of our services.

You can manage browser cookies through your browser settings. The 'Help' feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to block cookies, and when cookies will expire. If you block all cookies on your browser, neither we nor third parties will transfer cookies to your browser. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some features and services may not work.

A web beacon is an object embedded in a webpage or email that allows us to confirm that you accessed our content. We may use web beacons or similar technologies to track and measure the effectiveness of our emails and targeted ads. If you would like to opt out of the collection and use of such information for ad targeting, including through third party service providers, such as Google, Facebook, and Twitter, you made do so using the Digital Advertising Alliance’s opt-out tool, available here: http://www.aboutads.info/choices/.

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 harper@mysportsd.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 harper@mysportsd.com requesting to unsubscribe from future emails.

 

Ways We May Share the Information We Receive
Information about our visitors is an important part of our business, and we are not in the business of selling it to others. We may share customer information as described below and with our affiliates.

  • Third Party Transactions: We work closely with affiliated businesses, including those with co-branded and joint offerings, and we may share visitor information related to such offerings with such affiliated businesses. In addition, we may send offers (such as coupons or promotions) to selected groups of our visitors on behalf of other businesses.
  • Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. 
  • Business Transfers: As we continue to develop our business, we may sell or buy companies, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets. For example, if the Company, one of its subsidiaries, or substantially all of its or their assets are acquired, then customer information may be one of the transferred assets. 
  • Protection of the Websites and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms and Conditions [link] and other agreements; or protect the rights, property, or safety of the Company, our users, or others. This includes exchanging information with other companies and organizations for fraud protection. 


Web Sites Users and Roles
Site Administrator
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 the end user and parent’s name/email upon sending an invitation via email to register an account. If the end user is between 13-17 years of age, the parent must first approve an 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.

Athlete
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. 

Nutritionist/Dietitian/Sports Dietitian
A designated individual provided by Web Sites to provide diet and nutrition coaching or 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.

Nutrition Monitor
An individual that is granted permission from the end user (parental permission for end users 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 the 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 Personal Information, it is done at your own risk. You are strictly prohibited from sharing any Personal 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 Personal 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. 

In the event that Web Sites are acquired by or merged with another company, we will notify you before the merge or acquisition and update you about the new Privacy Policy.

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 about 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 Privacy Policy
If you choose to visit and use the Web Sites, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms and Conditions [link], including limitations on damages, resolution of disputes, and application of the law of the state of Louisiana. If you have any concern about privacy at the Websites, please contact us with a thorough description, and we will try to resolve it. As our business changes, our Privacy Policy and our Terms and Conditions [link] will change also. We may email notices of revisions to our notices and conditions, but you should check our Website and this notice frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.

Your continued use of the Web Sites following the posting of such changes constitutes your acceptance of any such changes. If you do not agree with the Privacy Policy, or any revised versions thereof, you may not use the Web Sites.

Age Requirements
We strive to educate parents and kids about how to appropriately safeguard their privacy when using our Services. We are committed to complying with the Children’s Online Privacy Protection Act of 1998, which requires us to inform parents and legal guardians of our minor users about our information collection and use practices. 

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.

Children ages 13-17 may only use the Web Sites with parental approval. By creating an account and/or using our Web Sites, or by permitting your child to use our Web Sites, you are agreeing to the terms of this Privacy Policy and our other Rules.  

Security
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 Websites
When you visit the Web Sites you may be directed to other sites that are operated and controlled by third parties that are beyond our control. This can include links from sponsors, advertisers and partners that may use the Web Site’s logo as part of a co-branding agreement. These other web sites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a web site that is linked from our Web Sites, you should consult that web site’s privacy policy before providing any personal information.

California Residents; Exercise of Rights under the CCPA

If you are a resident of California, you may have certain rights under the California Consumer Privacy Act or CCPA.  

  1. Categories of personal information we collect. The personal information that we may collect fall into the following categories established by the CCPA, depending on the services you use:
  1. Identifiers such as your name, phone number, and address, as well as unique identifiers tied to the browser, application, IP address, or device you’re using; 
  2. personal information, such as a credit card number;
  3. Demographic information, such as your age, gender and language; 
  4. Commercial information such as your payment information and a history of purchases you make using our services; 
  5. Internet, network, and other activity information such as your search terms, views and interactions with content and ads, and activity on third-party sites and apps that use our services; 
  6. Geolocation data, such as may be determined by GPS, IP address, and other data from sensors on or around your device; and 
  7. Inferences drawn from the above, such as information about your purchase preferences.

  1. Business purposes for which information may be used or disclosed. The personal information that we may disclose about consumers for a business purpose fall into the following purposes established by the CCPA, depending on which services you use:
  1. Protecting against security threats, abuse, and illegal activity; 
  2. Auditing and measurement, such as for analytics and measurement to understand how our services are used, as well as to fulfill obligations to our service partners; 
  3. Maintaining our services, such as to ensure our services are working as intended, including tracking outages or troubleshooting bugs and other issues that you report to us; 
  4. Research and development, such as to improve our services and to develop new products, features and technologies that benefit our users and the public
  5. Use of service providers to perform services on our behalf, in compliance with our Privacy Policy and other appropriate confidentiality and security measures; 
  6. Advertising, including online identifiers and information about your interactions with advertisements; and 
  7. Legal reasons, such as to satisfy applicable laws or regulations, and discloses information in response to legal process or enforceable government requests, including to law enforcement.
  8. Right to access or delete personal information: The CCPA gives you the right to request information about how we collect, use, and disclose your personal information. And it gives you the right to access your information and request that we delete that information. If you wish to do any of these things, please email us at harper@mysportsd.com with your name, email address, and ZIP code. Depending on your data choices, certain services may be limited or unavailable.
  9. Do not sell my personal information. The CCPA defines the “sale” of information broadly. While we generally do not directly sell your personal information in the conventional sense (i.e., for money), like many companies we may use services that help deliver interest-based ads to you and may transfer personal information to business partners for their use. Making personal information available to these companies may be considered a “sale” under the CCPA. To request that we do not “sell” your personal information, you may email us at harper@mysportsd.com with your name, email address, and ZIP code.  Your selection does not affect other sharing of your information, as otherwise outlined in this privacy notice.]

  10. No discrimination. We will not discriminate against any consumer for exercising their rights under the CCPA.


Contact Us

The Company welcomes your questions or comments regarding the Privacy Policy:

High School Sports Nutrition LLC
My Sports Dietitian
39038 N. Angelle Ct.

Gonzales, LA 70737

Email Address: harper@mysportsd.com