terms of use for Personalized Nutrition Concierges website 

 

Terms of Use for Personalized Nutrition Concierges Website

 

You may view the Site and download and/or print content from the Site solely for your non-commercial use. Personalized Nutrition Concierges, LLC is a trade name owned and licensed exclusively to Kasssandra Gyimesi, RDN Except as expressly permitted by the foregoing sentence, you may not reproduce, redistribute, publish or otherwise use by electronic or any other means any content from the Site without Personalized Nutrition Concierge’s prior written consent.

All of the content on the Site, including without limitation all text, images, graphics, sounds and software code, is the copyrighted work of Personalized Nutrition Concierges or others and your use of all such content is subject to the restrictions set forth in paragraph 1 above. “Personalized Nutrition ConciergesTM” trademark and logo are owned by Kassandra Gyimesi and may not be used or displayed without the prior written consent of Kassandra Gyimesi. All other trademarks, service marks and company names and logos appearing on the Site are the property of their respective owners. No right, title or interest in any Site content or in any trademarks, service marks or company names and logos appearing on the Site is transferred to you as a result of your use of the Site.

Personalized Nutrition Concierges may at times require that you register and/or set up an account to use certain portions of the Site, or the Site as a whole. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information, including your email (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Site. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Site. By providing Registration Information, you are opting-in for certain Personalized Nutrition Concierges communications, including newsletters, to be sent your email address. At any time, you may opt-out of any and all Personalized Nutrition Concierges communication, including newsletters. By subscribing to any Personalized Nutrition Concierges newsletters you agree to receive dedicated emails from Personalized Nutrition Conciergesor select third party advertisers.

The Site is targeted at and intended for visitors residing in the United States and Canada. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of these countries. Personalized Nutrition Concierges does not present or warranty that the site is appropriate or available for use in countries outside of the United States and Canada. Visitors who choose to access the Site from outside of the United States or Canada do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

To provide you with access to related sites, the Site may contain links to third-party websites. By linking to such sites, you agree to review and agree to such third-party websites’ terms of use and privacy policies before using such website. Personalized Nutrition Concierges is not responsible for the privacy practices or the content of any of such third-party websites.Personalized Nutrition Concierges is not affiliated with, and does not endorse or sponsor, any such third-party websites or any product or service of any such third parties.

The following terms and conditions govern your use of the Site’s mobile interface. Your use of any aspect of the Site’s mobile interface will constitute your agreement to comply with these terms and conditions. Your carrier’s standard messaging rates apply to all mobile text messages you initiate from the Site’s mobile interface to your cell phone. All charges are billed by and payable to your mobile service provider. You agree that the cell phone number you enter in the Site’s mobile interface is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity.

Your use of the site is at your own risk. Personalized Nutrition Concierges does not warrant that files available for download from the site will be free of infection from viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Without limiting the foregoing, everything on the site is provided to you on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, Personalized Nutrition Concierges expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

In no event will Personalized Nutrition Concierges or any other party involved in creating or maintaining the Site or any of its contents be liable for any damages (including, without limitation, direct, incidental, special, consequential, indirect or punitive damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use of or inability to access or use the Site, including without limitation damages to your computer equipment. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.

You acknowledge that any use of the Site except as expressly permitted by these Terms without the prior written permission of Personalized Nutrition Concierges will cause irreparable injury for which monetary damages would not be sufficient and you consent to entry of immediate and permanent injunctive relief with respect to such unauthorized use.

You agree to indemnify, defend and hold harmless Personalized Nutrition Concierges and their affiliated entities, its and their respective officers, directors, members, agents, employees, consultants, freelancers, independent contractors and representatives to the fullest extent permitted by law from and against any and all actions, proceedings, arbitrations or investigations or threats thereof, losses, expenses, damages, costs and expenses(including reasonable fees, disbursements, and other charges of counsel), resulting from any violation by you of these Terms.

These Terms will be governed by and construed in accordance with the laws of the State of Colorado, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in Denver County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Site should be sent ONLY to Personalized Nutrition Concierges Designated Agent.

 

 

NOTE: the following information is provided solely for notifying the service provider referenced below that your copyrighted material may have been infringed. Personalized Nutrition Concierges cautions you that under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs and attorney’s fees incurred by us, by any copyright owner or by any copyright owner’s licensee that is injured as a result of Personalized Nutrition Concierges relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury.

Written notification must be submitted to the following Designated Agent:
Service Provider:
Personalized Nutrition Concierges

Name of Agent Designated to Receive Notification of Claimed Infringement:
Kassandra Gyimesi

Full Address of Designated Agent to Which Notification Should be Sent:
420 East 58th Avenue, Suite 128 A1 Denver, CO 80216

Telephone Number of Designated Agent:
720-214-7949

Email Address of Designated Agent:
Kassandra@PNCColorado.com

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following: An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; identification of the copyrighted work (or works) that you claim has been infringed; a description of the material that you claim is infringing and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.); a clear description of where the infringing material is located on the Site, including as applicable its URL, so that Personalized Nutrition Concierges can locate the material; your address, telephone number and e-mail address; a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and 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.

Do not send any inquiries unrelated to copyright infringement (E.G. requests for technical assistance or customer service, reports of e-mail abuse, etc.) to the contacts listed above. You will not receive a response if sent to that contact or transfer your personal information to a successor in interest pursuant to a change of control of Personalized Nutrition Conciergesor a sale of all or substantially all of Personalized Nutrition Concierge’s assets.