Terms and Conditions of Use
1. Acceptance of Terms
1.1 Fulcrum Nutrition Wellness, Corp., (referred to as "Fulcrum Nutrition, Corp.," "Fulcrum Nutrition,” “fulcrumnutrition.com," "us" or "we"), provides fulcrumnutrition.com (the "Site") through which it offers healthy living and physical well-being consultations, as well as supplements (collectively “Offerings”), subject to your compliance with the following Terms and Conditions of Use ("Terms"), as well as any other written agreement(s) between us and you.
1.2 We reserve the right to change these Terms and Conditions of Use from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms.
1.3 As used in these Terms, references to our "Affiliates" include our owners, licensees, assignees, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
1.4 BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS, IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR OFFERINGS.
2.1 Offerings. Fulcrum Nutrition provides a number of Offerings for users on its Site, including, but not limited to, information and consultations regarding healthy living, as well as the sale of health supplements.
2.2 No Guarantee. Although Fulcrum Nutrition works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on this Site.
2.3 Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or services that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications, material posted by you, or personalization settings.
3. Site Conduct, Posting Policies, &Third Party Websites
3.1 User-Created Content Guidelines: Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you may leave on the Site. Fulcrum Nutrition is not responsible for any posting made by a user. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code, information, pictures, or other material that:
i. it is unlawful, threatening, abusive, harassing, profane, defamatory, deceptive, inaccurate, fraudulent, tortious, invasive of another's privacy, or includes graphic descriptions of sexual or violent content;
ii. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iii. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
iv. consists of unsolicited advertising, junk or bulk email (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
v. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
vi. breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;
vii. impersonates any person or entity, including any of our employees or representatives.
3.2 No Endorsement. Fulcrum Nutrition neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings, in our sole discretion and without prior notice to you. Fulcrum Nutrition and its Agents are not responsible for any failure or delay in removing such postings.
3.3 Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. By accepting a redirect or link to other websites, you agree to adhere to the terms and conditions and privacy policies of those websites. You understand that these third party sites and providers are not screened by Fulcrum Nutrition and enter said sites and providers at your own risk.
3.4 Products and Promotions. From time to time, this Site may include information about products and promotions offered by third parties. You may purchase products from or participate in promotions of third parties whose promotions or products are listed on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the third party. We assume no liability, obligation, or responsibility for any part of any such purchase or promotion.
4 Fulcrum Nutrition’s Intellectual Property
4.1 Content. For purposes of these Terms, "content" is defined as any information, communications, published works, photos, video, graphics, music, sounds, or other material that is sent to or that can be viewed by users on our Site and is owned by Fulcrum Nutrition, our Affiliates or licensors.
4.2 Site Use. Fulcrum Nutrition grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, commercial use, preparation of derivative works, or other use. You may not use any content from the Site for commercial use. You agree not to copy the Site, reverse engineer, or break into the Site, or use materials, products, or services in violation of any law. Any use of the Site or the content or materials contained therein, other than as specifically authorized in these Terms, without the prior written permission of Fulcrum Nutrition, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right, and any goodwill associated therewith. Fulcrum Nutrition reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
4.3 No Warranty for Third-Party Infringement. Neither our Affiliates nor we warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
4.4 Ownership of Content. All contents of the Site are: Copyright © 2017 Fulcrum Nutrition. All rights reserved. All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with Fulcrum Nutrition’s prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to Fulcrum Nutrition for violation of intellectual property rights.
4.5 Trademarks. Trademarks or service marks of Fulcrum Nutrition include, but are not limited to, Fulcrum Nutrition™ and the fulcrumnutrition.com logo. All custom graphics, icons, logos and service names are registered trademarks, trademarks, or service marks of Fulcrum Nutrition or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Fulcrum Nutrition, fulcrumnutrition.com, or our Affiliates.
5. Privacy & Security
5.1 Login Required. In order to access some of the Offerings on this Site, you will be asked to set up an account and password. Our account registration page requests certain personal information from you ("Registration Info"). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
5.2 Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities that occur under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
6.1 While information posted on this site is believed to be reliable and accurate at the time of posting, Fulcrum Nutrition does not guarantee, represent or warrant that the information contained on this site is accurate, complete, reliable, verified, error free, or fit for any purpose.
6.2 The owner expressly disclaims all representations, warranties or conditions, express or implied, statutory or otherwise, including, without limitation, the warranties and conditions of merchantable quality and fitness for a particular purpose, non·infringement, compatibility, timeliness, security or accuracy, and any representations, warranties or conditions that may arise from a course of dealing or usage of trade.
6.3 This site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the content and offerings on this site at any time without notice to you. The content available on this site may be out of date, and we make no commitment to update such content.
The use of the offerings through this site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damages you incur as a result.
6.4 We make no warranty regarding any transactions executed through a third party, or in connection with this site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any offerings or content available on or through this site from a third party is provided solely by such third party, and not by us or any other of our affiliates.
6.6 Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you. Please consult the laws in your jurisdiction.
6.7 Fulcrum Nutrition shall in no way be liable to you for any decisions and/or misrepresentations made by any third parties.
6.8 Please note that while Fulcrum Nutrition will work to provide the best possible information regarding healthy living, Fulcrum Nutrition cannot guarantee any that said information will work for your situation. Furthermore, please note that the nutritionists at Fulcrum Nutrition are not licensed medical doctors. As such, it is advised that you contact your physician to ensure that any changes to your nutrition will not have any adverse effects.
6.9 You understand that Fulcrum Nutrition reserves the right to make any scheduling changes up to the time of the video appointment or in-person appointment. While Fulcrum Nutrition will make its best efforts to notify you of any changes to the appointment as far ahead of time as possible, however, Fulcrum Nutrition is not liable for any damages caused by any scheduling changes.
7 Payments & Refunds
7.1 Payment. All payments must be made and approved prior to any scheduled consultations. We accept all major credit cards, as well as Paypal. Information from the credit card will be taken before the time of any scheduled appointment, but said credit card will be charged after the appointment.
7.2 Refunds for Consultations. Any cancellations made by you must be made at least twenty-four (24) hours prior to the scheduled session start time. If you cancel prior to that twenty-four (24) hour period, you shall be entitled to a full refund. Should you cancel after the period of twenty-four (24) hours prior to the scheduled session start time, then there will be only a fifty percent refund on any monies paid for the consultation.
7.3 Refunds for Tangible Goods.Tangible goods purchased in the supplement store are eligible for a refund provided thatthe item is returned within seven (7) days of receipt. All items must be unopened to be eligible for a refund. Any opened items will not be eligible. Before the refund will be initiated, customer must return the item back to Fulcrum Nutrition, with shipping costs to be borne by the customer.
8. Limitation of Liability & Indemnification
8.1 In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profit loss; your use of the information or content contained on the site; or your reliance upon the accuracy of information contained on the site, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any website referenced or linked to from this site.
Further, we shall not be liable in any way for third party promises regarding our offerings or content or for assistance in conducting commercial transactions with the third party through this site, including without limitation the sale of products or services.
8.2 You agree to defend, indemnify, and hold us and our affiliates harmless from all liabilities, claims, and expenses, including attorneys' fees that may arise from your use or misuse of this site or any of the content contained therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. Termination of Use
9.1 Grounds for Termination. You agree that we may, at our sole discretion, terminate, or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
9.2 No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-11 of these Terms shall survive any termination.
10 Electronic E-Mail Contact.
10.1 Fulcrum Nutrition may occasionally contact you with follow up, marketing or advertisements electronic mail that we think would be of interest to you. If you receive contact from us then you have shared your interest in receiving information in the future, or have made a previous purchase or inquiry on our website. Out of respect to our clients, we value your right not to receive this correspondence. In the event that you no longer wish to receive contact from us (with the exception of information directly pertaining to your order or inquiry) you can contact us to opt-out of our mailing list. Contact can be made via email: firstname.lastname@example.org.
11. Miscellaneous Provisions
11.1 Governing Law. The statutes and laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof. Any dispute arising out of this Agreement or your use of the Site shall be decided solely and exclusively by a court of competent jurisdiction located in San Francisco County, California. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse the prevailing party for its attorney's fees, and the party prevailing in any such dispute shall be awarded its attorneys' fees
11.2 Dispute Resolution. All claims and disputes arising under or relating to this Agreement are to be settled by mediation, and if the matter is not resolved through mediation, then it shall be settled by binding arbitration in the state of California. The arbitration shall be conducted on a confidential basis pursuant to the rules of JAMS (Judicial Arbitration and Mediation Services). Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact. An award of arbitration may be confirmed in a court of competent jurisdiction. The prevailing party shall be entitled to receive from the other party its attorneys' fees and costs incurred in connection with any arbitration proceeding and the enforcement of any award. Please note that the arbitration dispute resolution procedures are in lieu of relief through the courts.
11.3 Class Action Waiver. User agrees that any claims brought can only be brought in an individual capacity and not as a member of a purported class or other representative action. The enforceability of this provision does not affect the enforceability of the Arbitration clause in 11.2.
11.4 Notices. All notices to Fulcrum Nutrition shall be in writing and shall be sent to email@example.com. You agree to allow us to submit notices to you using the email address provided by you in the Registration Info. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.
11.5 No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 4 of these Terms.
11.6 Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
11.7 Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
11.8 No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
11.9 Other Sites. This site may contain links to other sites which sites are not maintained or controlled in any way by Fulcrum Nutrition. Links to any such sites that are not maintained or controlled by the Fulcrum Nutrition are provided for convenience only and are not to be construed as an endorsement by Fulcrum Nutrition or any other party of the products, services, advice or opinions or any other content of such sites. Access to or use of sites to which links are provided are subject to the terms and conditions of such sites. You are fully responsible for any use that you make of the content contained in such sites and you are solely responsible for the consequences of any use of or reliance on such content.
11.11 International Use. Although this Site may be accessible worldwide, those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.