Terms and Conditions of Use
Last Updated on 06/06/2020
NOTICE: These Terms and Conditions of Use are legally binding. It is our responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of Our products, including online courses.
General Provisions
This website is owned and operated by InControl Nutrition LLC. Our principal place of business is located at 200 Park Avenue, Suite 1700, New York, NT 10166.
You must be at least eighteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety or Your individual use of the website. The Terms and Conditions of Use contained on this page is subject to change at any time.
Product Purchaser Agreement
All programs, products and services are owned and provided by InControl Nutrition LLC (“Company” or “We” or “Us” or “Our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page. You are legally bound to these Terms and Conditions of Use whether or not You have read them.
Intellectual Property Notice
All images, text, designs, graphics, trademarks and service marks are owned by and property of InControl Nutrition LLC or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
You may NOT use Our intellectual property in any way, which includes republishing any text, image, design or other property on another website, or posting a quote or image from Our site to any third party website including social media. We have spent lots of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.
Limited License. Any and all materials, paid or free, that You access on this or any related domains that contain Our Offering are under the sole ownership or licensed use of InControl Nutrition LLC.
To be clear, We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines and trademarks (common law or federally registered). You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials or related communications.
You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole.
You may:
– Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member)
– Download and/or print any Offering materials for Your personal use in Your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member)
– Use Our trademarks and copyrighted materials with Our consent and proper credit and marking, namely, citing InControl Nutrition as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.
You may not:
– Re-sell or trade Your access to the Offering
– Share the Offering with anyone else who has not yet purchased it or opted in to receive it
– Reprint or republish any of the Offering, in part or in whole
– Distribute any of the materials contained in the Offering or related materials and/or communications as Your own, otherwise known as stealing
– Reproduce and tweak any part or whole of the Offering for distribution as Your own work
– Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials)
– Use Our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s)
Request for Permission to Use Content
If You wish to use, publish or access any of Our content, Offering(s) or related materials, You must do so by requesting permission prior to commencing use of the same by email Us at majamirkovicrd[at]gmail.com
Civil and Criminal Penalties
Even though Our Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in New York State by opting into or purchasing any Offering or accessing its related communications and/or materials.
Your Materials and Contributions
By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third party access sites, such as Our Facebook group(s) or online software platforms that We use to distribute Our Offering and related materials, You agree that We have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose Your participation in the same.
Notification of Use
We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.
Security and Assumption of Risk
Security
It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Stripe or Square. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.
Confidentiality
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
Assumption of Risk
By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information or educational materials provided to You.
Your Communications
Any communications made through Our ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate
Indemnification, Limitation of Liability and Release of Claims
Indemnification
You agree at all times to indemnify and hold harmless Our Company, as well as any of Our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to Our Offering(s) .
Limitation of Liability
We will not be held responsible or liable in any way for the information, products or materials that You request or receive through or in relation to Our Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of Your access of Our Offering(s) and related material(s)
Affiliates
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
Termination
If at any time We feel You have violated these Terms and Conditions of Use, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).
Consent
By using Our website, You hereby consent to Our Terms and Conditions of Use.
If You require any more information or have any questions about Our Terms and Conditions of website use, or Our Privacy Policy, please feel free to contact Us by email at majamrkovicrd[at]gmail.com.
All Rights Reserved
All rights not expressly granted in these Terms and Conditions of Use or any express written here, are reserved by Company.
Contact
If You have any questions about any term of these Terms and Conditions of Use, please contact Us at majamirkovicrd[at]gmail.com. Thank You.