USE OF CONTENT
We grant you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of the Site or its Contents; any collection and use of any Content, product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any third person; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of Contents may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any page, trademark, logo, or any other proprietary information (including images, text, page layout, or form) of the Site, Content and/or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Site, or access to the Site for any commercial purposes.
NO MEDICAL ADVICE
No part of the Site or any other materials made available through the Site is intended to offer medical advice. The Contents of Site are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Venice Nutrition recommends that anyone seeking a fitness and/or nutrition regimen always seek the advice of their physician or other qualified health provider with any questions they may have regarding a medical condition or nutrition and fitness questions in general. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. Reliance on any information provided within this Site is solely at your own risk.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, VENICE NUTRITION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEAL TOOL MAKES NO WARRANTY THAT (i) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) AS TO ANY OBLIGATION TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION, ALTHOUGH OUR CURRENT PRACTICE IS TO UTILIZE REASONABLE EFFORTS TO MAINTAIN SUCH CONFIDENTIALITY, OR (iv) THE SERVICE, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. VENICE NUTRITION MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SITE, CONTENT, SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH VENICE NUTRITION’S SITE OR THAT ARE ADVERTISED ON VENICE NUTRITION’S SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, VENICE NUTRITION WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT [INCLUDING NEGLIGENCE], PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE, CONTENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SITE RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE (v) PERSONAL INJURY OR (vi) ANY OTHER MATTER RELATING TO THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, VENICE NUTRITION’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
PRIVACY AND PUBLICITY RIGHTS
You represent and warrant to us that any and all information submitted by you (“User Content”) will not violate the privacy and/or publicity rights of any person and that no such violations will occur by anyone using your password.
Venice Nutrition has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Venice Nutrition passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor and control access to and use of your Venice Nutrition account and password; and (3) promptly inform Venice Nutrition of any need to deactivate a password. You grant Venice Nutrition and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Venice Nutrition cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Venice Nutrition Site and services.
(b) Subscription Term: With the exception of trial subscriptions and special offers, your subscription term is determined by the level of subscription you elect. Unless specified otherwise, your subscription to the Venice Nutrition’s Subscription Service is automatically renewed following your initial subscription period on the level of subscription you originally elected, monthly or yearly. You are responsible for all associated renewal fees until notice of cancellation is received by Venice Nutrition, LLC
(c) Statements of Account: You are responsible for providing a valid credit card number at the time you register for a Subscription Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying Venice Nutrition, LLC. of such charges. You agree that Venice Nutrition may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Subscription Service. All Subscription Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. Your right to use the Service is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating this agreement and all Venice Nutrition LLC obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated. Venice Nutrition, LLC. reserves the right to modify or terminate Subscription Service, change prices, or institute new charges for your Subscription Service at any time with at least thirty (30) days’ notice.
(d) Disclaimer: You are using the Subscription Service at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs.
(e) Cancellation: If you cancel your Subscription Service during your initial subscription period, you will not receive a refund for that period. After the initial subscription period, you are financially responsible for your One Year or Monthly Subscription fee until you notify Venice Nutrition, LLC that you are canceling your subscription. You agree that Venice Nutrition will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged. You are responsible for all associated renewal fees until notice of cancellation is received by Venice Nutrition, LLC. The only way to successfully cancel your subscription is to submit the cancellation form via your Venice Nutrition online account. The cancellation form is located under your ‘Account’ tab once you are logged in. The following terms apply:
Monthly Subscription: There is a 30 day cancellation policy. There is always one final charge of $19.95 on the scheduled bill date once a cancellation request has been submitted. Each monthly membership has a guaranteed two month billing cycle. All cancellations will be effective 30 days from the final billing cycle for the membership. A Subscription month begins on the calendar date when you subscribe to Venice Nutrition’s subscription Service and concludes on the day before that calendar date the following month. You will continue to have access and use of your account for 30 days after your final billing.
One Year Membership: If a cancellation notification has not been received during your initial subscription period then your One Year membership will automatically renew at the rate of $19.95 per month until a cancellation is received. The One Year Membership and subsequent monthly membership billing can be canceled at any time without penalty.
LINKS TO OTHER SITES
The Site is intended for use only by persons 13 years of age or older. If you are under 18, you may only purchase items or subscribe to Venice Nutrition from us or our affiliates with the involvement of a parent or guardian.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirements that such communications be in writing.
JURISDICTION AND LAW
Use of The Venice Nutrition Software and Online Services shall be construed and interpreted pursuant to the laws of the State of Georgia and the United States, and the parties hereto submit and consent to the jurisdiction of the courts of the State of Georgia including Federal Courts located therein, in any action brought for any dispute with Venice Nutrition, or in any way relating to your use of the Venice Nutrition Software or Online Services. Notwithstanding the preceding sentence, nothing contained in this End User License Agreement shall preclude Venice Nutrition from bringing an action in any appropriate forum to enforce the terms and provisions of this Agreement. You hereby consent to the exclusive jurisdiction of any State or Federal court empowered to enforce this Agreement in the State of Georgia, County of Los Angeles, and waive any objection thereto on the basis of personal jurisdiction, venue or choice of law.
Venice Nutrition makes no representation or warranty that the content and materials on the Sites and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Venice Nutrition reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.