Effective Date:01.01.22
Last Updated:01.31.22
By using the NuTrak website or app, I certify that:
These terms and conditions are a legal contract between NuTrak Health, LLC and you. The terms explain how you are permitted to use the services provided by NuTrak Health, LLC, the website and mobile applications (collectively, the “Site”), its affiliates, and subsidiaries. Unless otherwise specified, all references to NuTrak Health, LLC include any software that NuTrak Health, LLC provides to you that allows you to access the Site from any device, including mobile devices. By using this Site, you are agreeing to all the terms. If you do not agree with any of these terms, do not access or otherwise use the Site or any information contained on the Site.
NuTrak Health, LLC is not a medical service provider or a medical nutrition therapy provider. The Site is a combined diet profile of standard diet recommendations reviewed by a Registered Dietician and a Registered Nurse.While the Site may provide access to dietary and nutritional guidelines, the services are not intended to provide medical advice.Review these guidelines with your medical provider before making any diet, exercise or lifestyle changes.A user’s interaction with the Site is not intended to take the place of the user's regular medical providers or specialists.To the extent recommendations are made for you, such recommendations are based on the health data and information provided by you.The Site’s nutritional data is based on information provided by public and/or subscription databases and by restaurants or branded food manufacturers.NuTrak Health, LLC does not warrant the accuracy of the information provided by third parties.
NuTrak Health, LLC can update, change, add or remove provisions of these Terms, and make changes to the Site or services at any time, without notice. By using the Site after NuTrak Health, LLC has updated the Terms, you are agreeing to the updated Terms. Continuous use of the Site following the posting of any such changes will indicate your acknowledgment of such changes and agreement to the Terms as so modified.If you do not agree with any of the updated Terms, you must stop using the Site. NuTrak Health, LLC reserves the right to discontinue the Site and services at any time without notice. NuTrak Health, LLC will not be liable to you or any third party should we exercise our right to modify or discontinue the Site. By using certain features of the Site or any part thereof, you agree to be bound by the additional terms of use applicable to such features.
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age.If you are under 18 years old, you may not use the Site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES, CONTENT, DOCUMENTATION, AND MATERIALS IS AT YOUR SOLE RISK AND THE SERVICES, CONTENT, DOCUMENTATION, AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NUTRAK HEALTH, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
NUTRAK HEALTH, LLCMAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (I) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; (II) THAT THE APPLICATION WILL BE SECURE, PROVIDED THAT NUTRAK HEALTH, LLC USES COMMERCIALLY REASONABLE EFFORTS TO SECURE THE APPLICATION AND MATERIALLY COMPLIES WITH ITS PRIVACY AND SECURITY OBLIGATIONS PURSUANT TO APPLICABLE LAWS; (III) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (IV) THAT YOUR USE OF THE SERVICES, CONTENT, DOCUMENTATION, OR MATERIALS WILL NOT RESULT IN THE LOSS OF, OR DAMAGE TO, YOUR RECORDS, ANY OTHER INFORMATION, YOUR DEVICES, OR ANY OTHER EQUIPMENT YOU USE TO ACCESS THE SERVICES, CONTENT, DOCUMENTATION, OR MATERIALS. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS.
NO RECOMMENDATIONS OR INFORMATION OBTAINED BY YOU FROM NUTRAK HEALTH, LLC OR THROUGH OR FROM THE SERVICES, CONTENT, DOCUMENTATION, OR MATERIALS WILL CREATE ANY WARRANTY OF ANY KIND. NUTRAK HEALTH, LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES, CONTENT, DOCUMENTATION, OR MATERIALS.YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL OR MEDICAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THE SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT NUTRAK HEALTH, LLC WILL NOT BE HELD LIABLE IN ANY WAY.
YOUR SOLE REMEDY AGAINST NUTRAK HEALTH, LLC FOR DISSATISFACTION WITH THE SERVICES, CONTENT, DOCUMENTATION, OR MATERIALS IS TO STOP USING THE SERVICES, CONTENT, DOCUMENTATION, AND MATERIALS. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND NUTRAK HEALTH, LLC.
NuTrak Health, LLCreserves the right to restrict or terminate your access to the Site or any feature or part thereof at any time and for any reason. NuTrak Health, LLCfurther reserves the right to do any of the following, at any time and without notice: (a) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (b) to modify or change the Site, or any portion of the Site, and, except as otherwise provided in these Terms or the Privacy Policy, modify or change any applicable policies or terms; and (c) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or make other changes.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT OR MAY LIMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND MAY BE LIMITED IN ITS APPLICATION. Termination of your access or use will not waive or affect any other right or relief to which NuTrak Health, LLCmay be entitled at law or in equity.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL NUTRAK HEALTH, LLC BE LIABLE TO YOU OR TO ANY OF YOUR AGENTS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, COVER, PUNITIVE, OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, GOODWILL, REPUTATION, LOST PROFITS, FAILURE TO PROVIDE NOTICE OR ALERT, OR OPPORTUNITIES, WHETHER OR NOT NUTRAK HEALTH, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, ON ANY THEORY OF LIABILITY (WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, INCLUDING THE FAILURE OF ESSENTIAL PURPOSES), RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICES, CONTENT, DOCUMENTATION, OR MATERIALS; (2) ANY OTHER SITE YOU ACCESS THROUGH A LINK ON THE SERVICES, CONTENT, DOCUMENTATION, OR MATERIALS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS; (4) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USE OF THE SERVICES; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES.
If, notwithstanding the other provisions of these Terms, NuTrak Health, LLCis found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or these Terms, NuTrak Health, LLC’S LIABILITY WILL IN NO EVENT EXCEED THE AMOUNT PAID BY THE USER TO NuTrak Health, LLC IN THE 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO DAMAGES OR LOSS.Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NUTRAK HEALTH, LLC AND YOU.
The communications between you and NuTrak Health, LLCuse electronic means. You (a) consent to receive communications from NuTrak Health, LLCin an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that NuTrak Health, LLCprovides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect any statutory rights you may have.
These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without NuTrak Health, LLC’s prior written consent, which may be withheld at NuTrak Health, LLC’s sole discretion, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. NuTrak Health, LLCmay assign, subcontract, delegate, or otherwise transfer or sublicense any rights (including license rights) granted to NuTrak Health, LLChereto.
NuTrak Health, LLCwill not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, materials, or changes in regulations.
YOU AND NUTRAK HEALTH, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
NuTrak Health, LLCmay provide notice to you by email to the most recent email address on file with NuTrak Health, LLC. Where NuTrak Health, LLCrequires that you provide an email address, you are responsible for providing NuTrak Health, LLCwith your most current email address. In the event that the last email address you provided to NuTrak Health, LLCis not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, NuTrak Health, LLC’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to NuTrak Health, LLCat [151 Old Bridge Rd, Danville, KY 40422]. Such notice will be deemed given when received by NuTrak Health, LLCby letter delivered by a nationally recognized overnight delivery service or first-class postage prepaid mail with receipt confirmation.
A printed version of these Terms will be admissible in judicial or administrative proceedings based on or relating to use of the Services or these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Termination or expiration of these Terms for any reasons will not release either party hereto from any liabilities or obligations set forth in these Terms that remain to be performed or by their nature would be intended to be applicable following any such termination or expiration.
The laws of the Commonwealth of Kentucky, without regard to any conflicts of laws principles thereof, will govern the construction and interpretation of these Terms and the rights of the parties hereunder. The parties hereunder agree on behalf of themselves and any person claiming by or through them that the exclusive jurisdiction and venue for any action or proceeding arising out of or relating to the Terms, the Site or the services will be an appropriate state or federal court located in Fayette County, Kentucky and each party irrevocably waives, to the fullest extent allowed by applicable law, the defense of an inconvenient forum.
You may not use the Site or services for any illegal or unauthorized purpose.You further agree to comply with all laws and regulations applicable to your jurisdiction.As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
You agree to indemnify and hold harmless the Site and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with the Site, your provision of content, your violation of the Terms, or any other violation by you.
These Terms and the Privacy Policy is the final, complete and exclusive agreement of the parties hereto with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
You may contact us via emailinfo@nutrakhealth.comwith questions or concerns.