Terms and Conditions
Agreement between User and Discovery Nutrition Therapy, LLC.
Welcome to discoverynutritiontherapy.com. The discoverynutritiontherapy.com website (the “Site”) is comprised of various web pages operated by Discovery Nutrition Therapy, LLC (“Discovery Nutrition Therapy”). Discoverynutritiontherapy.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of discoverynutritiontherapy.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Discoverynutritiontherapy.com is a blog and website offering general health and wellness information.
Disclaimer
THE SITE, AND ANY INFORMATION CONTAINED ON THE WEBSITE OR PROVIDED THROUGH THE SITE, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SITE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION AND NOT AS A SUBSTITUTE FOR MEDICAL OR PSYCHOLOGICAL ADVICE, DIAGNOSIS, OR TREATMENT. All information provided on the website is presented AS IS without any warranty of any kind, and expressly excludes any warranty of merchantability or fitness for a particular purpose.
We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on this site. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
Electronic Communications
Visiting discoverynutritiontherapy.com or sending emails to Cassandra Webster (owner of Discovery Nutrition Therapy, LLC) constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Cassandra Webster (Discovery Nutrition Therapy, LLC) is not responsible for third party access to your account that results from theft or misappropriation of your account. Discovery Nutrition Therapy, LLC and its associates reserve the right to refuse or cancel site, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Cassandra Webster (Discovery Nutrition Therapy, LLC) does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use discoverynutritiontherapy.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party sites
Discoverynutritiontherapy.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Discovery Nutrition Therapy, LLC and Cassandra Webster is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Discovery Nutrition Therapy, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Discovery Nutrition Therapy, LLC of the site or any association with its operators.
Certain sites made available via discoverynutritiontherapy.com are delivered by third party sites and organizations. By using any product, site or functionality originating from the discoverynutritiontherapy.com domain, you hereby acknowledge and consent that Discovery Nutrition Therapy, LLC may share such information and data with any third party with whom Discovery Nutrition Therapy, LLC has a contractual relationship to provide the requested product, site or functionality on behalf of discoverynutritiontherapy.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use discoverynutritiontherapy.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Discovery Nutrition Therapy, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Discovery Nutrition Therapy, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Discovery Nutrition Therapy, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Discovery Nutrition Therapy, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Discovery Nutrition Therapy, LLC or our licensors except as expressly authorized by these Terms.
Use of Communication sites
The Site may contain bulletin board sites, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication sites”). You agree to use the Communication sites only to post, send and receive messages and material that are proper and related to the particular Communication site.
By way of example, and not as a limitation, you agree that when using a Communication site, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or sites for any business purpose, unless such Communication site specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication site that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication sites; violate any code of conduct or other guidelines which may be applicable for any particular Communication site; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Discovery Nutrition Therapy, LLC has no obligation to monitor the Communication sites. However, Discovery Nutrition Therapy, LLC reserves the right to review materials posted to a Communication site and to remove any materials in its sole discretion. Discovery Nutrition Therapy, LLC reserves the right to terminate your access to any or all of the Communication sites at any time without notice for any reason whatsoever.
Discovery Nutrition Therapy, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DISCOVERY NUTRITION THERAPY LLC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication site. DISCOVERY NUTRITION THERAPY LLC does not control or endorse the content, messages or information found in any Communication site and, therefore, DISCOVERY NUTRITION THERAPY LLC specifically disclaims any liability with regard to the Communication sites and any actions resulting from your participation in any Communication site. Managers and hosts are not authorized DISCOVERY NUTRITION THERAPY LLC spokespersons, and their views do not necessarily reflect those of DISCOVERY NUTRITION THERAPY LLC.
Materials uploaded to a Communication site may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to discoverynutritiontherapy.com or Posted on Any DISCOVERY NUTRITION THERAPY LLC Web Page
Discovery Nutrition Therapy, LLC. does not claim ownership of the materials you provide to discoverynutritiontherapy.com (including feedback and suggestions) or post, upload, input or submit to any DISCOVERY NUTRITION THERAPY LLC Site or our associated sites (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting DISCOVERY NUTRITION THERAPY LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. DISCOVERY NUTRITION THERAPY LLC, is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in DISCOVERY NUTRITION THERAPY LLC’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The site is controlled, operated and administered by Discovery Nutrition Therapy, LLC. If you access the site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the DISCOVERY NUTRITION THERAPY LLC, Content accessed through discoverynutritiontherapy.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless DISCOVERY NUTRITION THERAPY LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or sites, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DISCOVERY NUTRITION THERAPY LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DISCOVERY NUTRITION THERAPY LLC in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SITES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DISCOVERY NUTRITION THERAPY LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DISCOVERY NUTRITION THERAPY LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SITES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SITES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Discovery Nutrition Therapy, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SITES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DISCOVERY NUTRITION THERAPY LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SITES, THE PROVISION OF OR FAILURE TO PROVIDE SITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SITES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DISCOVERY NUTRITION THERAPY LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
DISCOVERY NUTRITION THERAPY LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related sites or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DISCOVERY NUTRITION THERAPY LLC as a result of this agreement or use of the Site. DISCOVERY NUTRITION THERAPY LLC ’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DISCOVERY NUTRITION THERAPY LLC ’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DISCOVERY NUTRITION THERAPY LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DISCOVERY NUTRITION THERAPY LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DISCOVERY NUTRITION THERAPY LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
DISCOVERY NUTRITION THERAPY LLC reserves the right, in its sole discretion, to change the Terms under which discoverynutritiontherapy.com is offered. The most current version of the Terms will supersede all previous versions. DISCOVERY NUTRITION THERAPY LLC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Discovery Nutrition Therapy, LLC welcomes your questions or comments regarding the Terms:
3737 Woodland Ave Ste 430B
WEST DES MOINES, IA
50266
Email Address:
discoverynutritiontherapy@gmail.com
Effective as of March 2020