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Rise Nutrition Terms and Conditions


Last updated: March 01, 2022

Please read these terms and conditions carefully before using the services (the “Services”) available through the Rise Nutrition website, web dashboard (the “Dashboard”, and mobile application (the “App”). By using any of our Services, you are agreeing to the terms and conditions detailed below. .

Definitions

Definitions

For the purposes of these Terms and Conditions:

Account means a unique account created for You to access our Service or parts of our Service.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: Massachusetts, United States

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Rise Nutrition, LLC, 3114 North Street, Walpole, MA 02081.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Template.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

User means an individual that has been provided a license to use the Service under the Terms.

Website refers to Rise Nutrition, accessible from www.risenutrition.org

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Use by Minors

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service, unless with the consent of a parent or legal guardian.

Use of the Service

You are not permitted to modify, replicate, translate, alter, or reverse engineer the Service without explicit and written permission from the Company. Other individuals are not permitted to use the Service without a license under the Terms of this agreement.

Our Services are constantly being developed and updated. This may happen without prior notice to you.  The deployment of new features are services we maintain the right to change, occasionally suspend, and terminate certain Services.. When updates are made, you may need to install updates in order for Services to work properly. Updates may include fixes, modifications, upgrades, and the addition of new or changed features.

Ownership

The Company retains all ownership rights to the Services and related intellectual property. All Services provided are protected under copyright, trademarks, patents, and other applicable laws of the Country. It is not permitted for You to alter or remove any copyright or trademark content in the Services. Users are responsible for protecting their personal data  and notifying the Company if there has been a breach of confidentiality or account information. The company is not liable for losses that occur as a result of such unauthorized use.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. You agree that in the event of Service or content issues, it is your sole responsibility to stop using the Services.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Nutrition Content and Medical Disclaimer

You are solely responsible for verifying all Services related to nutrition and food recommendations do not contain allergens or foods which you may be intolerant to. Under no circumstances should the data provided by the Services be used to diagnose or treat health conditions. All User generated content including, but not limited to, nutrition, recommendations, dietary advice, exercise and training activities should not be relied upon without independent verification. All information provided by Services is for informational purposes only and should, under no circumstances, be considered medical advice. The Company is not a medical or healthcare provider. You should always seek the advice of a physician, dietitian, or medical professional for health related questions or before making any changes to dietary or exercise routines.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: contact@risenutrition.org

By visiting this page on our website: https://www.risenutrition.org/contact