Terms

Please read the policies & disclaimer

Welcome to Nutritional Transformation. The Nutritional Transformation website (the “Site”) is comprised of various web pages operated by Nutritional Transformation, LLC (“We”). Nutritional Transformation’s services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Nutritional Transformation constitutes your agreement to all such Terms. Please read these terms carefully.


Nutritional Transformation is a blog, social networking, meal planning services, and recipes site.
Agreement


This Agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of the Nutritional Transformation Community and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Amanda Nibley upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at nutritionaltransformation.com/site-terms-policies-disclaimer. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.


Disclaimers
Medical. This website does not provide medical advice. These statements have not been evaluated by the Food and Drug Administration. The services, education, information, and products offered by Nutritional Transformation, LLC and contained on this Site are not intended to diagnose, treat, cure or prevent any disease. The information, including but not limited to, text, graphics, images and other material, contained on this website or in any Nutritional Transformation, LLC program is for educational purposes only. The content is not intended in any way as a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this Site.


Weight loss or other health improvement. We are not making any claims as to your weight loss or other health improvements. Where weight loss or health improvements are mentioned (if any), those statements are anecdotal information passed on to us concerning the results achieved by the individual sharing the information. We have performed no independent verification of the statements made by those individuals. Please do not assume that you will have those same results.
Please do not construe any statement in this website as a claim or representation of average weight loss or health improvement. There is NO average weight loss or health improvement. Testimonials and statements of individuals are not to be construed as claims or representations of weight loss or health improvement. We cannot, do not, and will not make any claims as to weight loss or health improvement.

Weight loss or health improvement is based on many factors individual to you. We do not know your health and nutrition background. Please perform your own due diligence before embarking on any course of action. Follow the advice of your physician or other qualified health care provider.
Warranties


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NUTRITIONAL TRANSFORMATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NUTRITIONAL TRANSFORMATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. NUTRITIONAL TRANSFORMATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. 

FURTHERMORE, NUTRITIONAL TRANSFORMATION DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

NUTRITIONAL TRANSFORMATION, their SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
 
Limitation of Liability. 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NUTRITIONAL TRANSFORMATION 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 SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES 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 NUTRITIONAL TRANSFORMATION 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.


Privacy
Your use of Nutritional Transformation is subject to Nutritional Transformation’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic communications
Visiting Nutritional Transformation or sending emails to Nutritional Transformation 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 Nutritional Transformation is not responsible for third party access to your account that results from theft or misappropriation of your account. Nutritional Transformation and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.


Nutritional Transformation does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. This website is intended for adults only. This website is not intended for any children under the age of 18.


Recurring membership
I understand that I am signing up for a recurring membership. I understand this is a subscription service and I will be billed based on the plan I purchased (monthly or yearly). I understand that I will be charged each period on the same day that I signed up (or within 48 hours before or after the date depending on processing). Example: If I signed up on the 15th of May, I will be charged again on the 15th of June, the 15th of July, and so on until I cancel my membership.


Free Trial
Free trials will automatically renew 30 days from sign up unless cancelled by the user. Only one free trial per customer. 


Cancellation
You may cancel your membership anytime. To prevent unwanted charges on your card, please request your cancellation no less than 5 days prior to your next payment to allow sufficient time for processing the cancellation and disabling automated drafts.


 “25 Day Money Back Guarantee”: you must send your cancellation and refund request to nutritionaltransformationlak@gmail.com within 25 days of your original purchase date in order to be eligible for a refund. Only the initial membership registration payment will be eligible for a refund.
Failure to pay your membership dues may result in termination of your account and a loss of any/all data stored or entered therein.  You may be required to rejoin at higher rates.  


There will be no partial (or prorated) refunds on monthly OR annual payments. Cancellations will be effective immediately once the cancellation request has processed. You will be unable to login to the Nutritional Transformation at that time, and will be removed from any other private groups on third party social media sites. If you did not submit your cancellation request in time and the current month’s payment has already processed, we will not issue a refund for the current month or reinstate your membership until the next billing cycle. 


If you cancel and then decide to join the Nutritional Transformation Community again at a later time, you will be reinstated at the current membership rate, regardless of any special offers or discounts you received in the past.


Links to third party sites/third party services
Nutritional Transformation may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Nutritional Transformation and Nutritional Transformation 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. Nutritional Transformation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Nutritional Transformation of the site or any association with its operators.


Certain services made available via Nutritional Transformation are delivered by third party sites and organizations. By using any product, service or functionality originating from the NutritionalTransformation.com domain, you hereby acknowledge and consent that Nutritional Transformation may share such information and data with any third party with whom Nutritional Transformation has a contractual relationship to provide the requested product, service or functionality on behalf of Nutritional Transformation users and customers.


No unlawful or prohibited use
As a condition of your use of the Site, you warrant to Nutritional Transformation 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.
Intellectual property


Personal use. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use Nutritional Transformation’s Site strictly in accordance with these terms of use. 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. Nutritional Transformation 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 Nutritional Transformation 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 Nutritional Transformation or our licensors except as expressly authorized by these Terms.


Our content. All content included on this site is the property of Nutritional Transformation or its suppliers and is protected under applicable copyright, patent, trademark, and other 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.


User Supplied Content. By accessing our forum, bulletin board, chat room, or any other user interactive area of our site, and placing any information in any of those areas, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. You also grant to others who access the forum, bulletin board, chat room or any other user interactive area of our site a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party. All content (including but not limited to images, text, uploaded files, etc.) submitted to Nutritional Transformation, or uploaded by members to Nutritional Transformation may be used in any way by Nutritional Transformation, LLC.  This includes but is not limited to promotional activities, advertisements, testimonials, etc.


Old content: Old content will be removed from time to time from membership areas and discontinued.


Use of communication services
The Site may contain bulletin board services, 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 Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.


By way of example, and not as a limitation, you agree that when using a Communication Service, 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 services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service 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 Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.


Nutritional Transformation has no obligation to monitor the Communication Services. However, Nutritional Transformation reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.


Nutritional Transformation reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.


Nutritional Transformation 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 Nutritional Transformation’s sole discretion. 
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Nutritional Transformation does not control or endorse the content, messages or information found in any Communication Service and, therefore, Nutritional Transformation specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Nutritional Transformation spokespersons, and their views do not necessarily reflect those of Nutritional Transformation.


Materials uploaded to a Communication Service 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.


Prohibition against data mining
You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to the Nutritional Transformation Community. You may not use the Nutritional Transformation Community to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail.
Materials provided to Nutritional Transformation or posted on any Nutritional Transformation web page
Nutritional Transformation does not claim ownership of the materials you provide to Nutritional Transformation (including feedback and suggestions) or post, upload, input or submit to any Nutritional Transformation Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Nutritional Transformation, our affiliated companies and necessary sub-licensees 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. Nutritional Transformation is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Nutritional Transformation’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. 


Third party accounts
You will be able to connect your Nutritional Transformation account to third party accounts. By connecting your Nutritional Transformation account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. 


International Users
The Service is controlled, operated and administered by Nutritional Transformation from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Nutritional Transformation Content accessed through Nutritional Transformation in any country or in any manner prohibited by any applicable laws, restrictions or regulations.


Indemnification
You agree to indemnify, defend and hold harmless Nutritional Transformation, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, 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. Nutritional Transformation 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 Nutritional Transformation in asserting any available defenses.

 
DMCA Notice
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to nutritionaltransformationlak@gmail.com:
1.    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2.    A description of the copyrighted work that you claim has been infringed;
3.    A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address;
4.    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5.    A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 
Termination/access restriction


Nutritional Transformation reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. 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 Nutritional Transformation as a result of this agreement or use of the Site. Nutritional Transformation’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Nutritional Transformation’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 Nutritional Transformation 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 Nutritional Transformation with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Nutritional Transformation 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 to the parties that this agreement and all related documents be written in English.


Changes to Terms
Nutritional Transformation reserves the right, in its sole discretion, to change the Terms under which Nutritional Transformation is offered. The most current version of the Terms will supersede all previous versions. Nutritional Transformation encourages you to periodically review the Terms to stay informed of our updates.


Contact Us
Nutritional Transformation welcomes your questions or comments regarding the Terms:
Tel (405) 531-8051
nutritionaltransformationlak@gmail.com