WEBSITE TERMS OF USE

The following Terms of Use ("Terms") constitute an agreement between Byte Into Nutrition ("Company"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company ("Website"), located at byte-into-nutrition.thinkific.com. In the Terms, we may refer to the written, audio, photographic, and video content on the Website, including any content published by the Company in newsletters or available through paid products or free resources, as the “Company Content.”

By using this Website, purchasing any Program(s) (as defined below), or using the Company Content, you accept and agree to be bound and abide by these Terms.

CHANGES TO THESE TERMS

Company reserves the right to modify, alter, amend or update its Website, the Company Content, its policies, and these Terms. These Terms are subject to change without notice. All changes are effective immediately upon posting. If you do not agree with or do not accept any part of these Terms, you must not use the Website or interact with the Company Content.

Your continued use of the Website or Company Content following any changes to the Terms means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.

ADDITIONAL POLICIES INCORPORATE INTO THESE TERMS

Any additional policies or terms adopted by Company may be incorporated into these terms by reference. This includes our Privacy Policy, located at byte-into-nutrition.thinkific.com which defines Company’s practices related to consumer privacy and data usage.

PERMITTED USERS

This Website is meant for users over 18 years or older. By using this Website, you represent and warrant that you meet this eligibility requirement. If you do not meet this requirement, you must not access or use the Website or Company Content.

PURCHASE POLICIES

On the Website, you may purchase educational programming offered by Company. This paid content is referred to as either a “Program” or “Programs”. The Program(s) are incorporated as part of the definition of “Company Content”. 

Program Eligibility

Company’s Programs are open only to those seeking individual support. The Programs are not intended to support nutrition professionals, such as Registered Dietitians or health coaches who are looking to gain experience working with clients or who are interested in Company’s methodologies. If Company becomes aware that a nutrition professional or health coach has joined for this reason, Company will immediately cancel any access to the Program for such individuals. No refunds will be granted in this circumstance.

Program Access

The Program is intended and suitable for individuals age 18 and over.

To access the Program, you must create an account on the Program’s technological platform, which is currently hosted on Thinkific. You are responsible for ensuring that your login information remains private. If Company suspects that your login credentials have been shared with a third party, Company reserves the right to revoke your access to the Program.

Upon purchase, you will have access to the Program for 7 days from the purchase date. After that time, your access will be revoked.  

Cost

The cost of the Program will be listed on the sales page at the time of your purchase. Upon receipt of your payment, you will be granted access to the Program. 

Refunds

Refunds are eligible within the 7 day access period for the Program. At least 66% of the Program needs to be completed (up to “Basic carbohydrate counting 2”) in order to be eligible for a refund. Additionally, any Handouts downloaded from course must be removed from computer/storage. If any of the above is found not to be done, a refund will not be issued. Refunds will not be processed after the 7 day access period of the class.

You agree that you have reviewed this refund policy and will not file any disputes or request chargebacks through your credit card issuer. If you do, this refund policy will be provided to demonstrate your awareness of the policy.

License to Use Program Materials

Upon enrolling in the Program, you will receive access to Program materials (“Materials”), such as videos or handouts. The Program and Materials were developed solely for your personal use and may not be reproduced for publication for the personal or commercial use of others without permission from Company.

Email Updates

By purchasing the course, you will be subscribed to our mailing list. Through these emails, we provide product updates and other information.

DISCLAIMER

You understand and agree that there is no guarantee that you will see positive results using the techniques and materials provided in the Company Content. Company assumes no management responsibility for your decisions or practices that you implement based on the Company Content. Company makes no guarantee about your future success based on your participation in the Program(s) or you use of the Materials.

Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided in the Company Content.

PROGRAM CREATOR

The Company Content was created by a Registered Dietitian. Although the Company Content was created by a nutrition professional, it does not mean that the information has been customized for you individually, nor does it mean that you are in a professional relationship with Company or any individual creator of the Company Content. Please contact your medical professional prior to making any changes based upon the Company Content.

NUTRITION DISCLAIMER

All nutrition information provided in the Company Content is intended to be used for informational purposes only. The Company Content is not medical advice nor is it intended to replace medical advice. The Company Content is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, modifying your diet, or making changes to the diet of a child in your care, including following the nutrition information available in the Company Content, you should seek advice from a licensed professional, such as your doctor or your dietitian.

Company is not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available in the Company Content.

The Food and Drug Administration has not evaluated the statements contained in any information in the Company Content. Individual results may vary.

WAIVER

You understand that any changes to your diet or fitness regimens, including changes to food or use of dietary supplements, carries a risk. If you implement changes based upon any information in the Company Content, you are doing this at your risk and you do so with full knowledge and acceptance of such risks.

NO MEDICAL ADVICE

You understand and agree that Company may provide dietary, nutrition, wellness, and general healthy living information in the Company Content. If you enroll in the Program, you understand that Company serves as a facilitator and educator only. You understand that Company does not provide:

You understand that you must seek such services from the appropriate licensed provider. You understand that it is your responsibility to discuss all changes to your fitness routine, diet, or potential dietary supplement use with your medical provider prior to making any changes.

YOUR RESPONSIBILITY IN USING THE COMPANY CONTENT

The Company Content was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the Company Content. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Company Content.

USE OF THE WEBSITE

Unless otherwise stated, Company owns the intellectual property and rights to all Company Content and the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms.

Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company.

PROHIBITED USES OF THE WEBSITE

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Company's express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You may not use the Website to link third-party content in a way that is unfair or deceptive.

You must not use the Website for any third-party marketing without Company's express written permission.

ARTIFICIAL INTELLIGENCE

Company does not consent to the use of any portion of this Website, or the Company Content being used in any format, in whole or in part, for the development, training, or operating artificial intelligence or other machine learning systems, unless authorized by Company through a separate agreement. Any unauthorized use of the Company Content or Website in violation of this prohibition will be considered a breach of these Terms and may be a breach of our rights under copyright laws of the United States.

INTELLECTUAL PROPERTY RIGHTS

Copyright

Unless otherwise noted, the design, content, and all components of the Website and Company Content are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

From time to time, the Company Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership.

Trademarks

Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.

From time to time, the Company Content will legally utilize or reference trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.

Content Contributed to the Website

In limited circumstances, you may contribute content to the Website, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.

Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company's servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Company's rights under the Terms, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

Grant of Rights

You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website or Company Content. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.

In the event that you contribute any comments or suggestions regarding the Website or Company Content to Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

CONTRIBUTION POLICY

The Website may offer the option for you to leave comments, engaging with the Website's posts. The following types of comments will not be tolerated and will be deleted:

Company's sole discretion will be used to determine if a contribution is in violation of this policy. Any contribution in violation will be promptly deleted and no further explanation will be due to you if your contribution was determined to be in violation of this policy.

AFFILIATE MARKETING[1] 

From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

Byte Into Nutrition is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.com.

CHANGES TO THE COMPANY CONTENT

Company reserves the right to modify any Company Content or the Website at any time; however, Company does not guarantee that the Company Content is complete or up-to-date. The Company Content may be out of date and Company is under no obligation to update any Company Content at any time.

COMMUNICATION

If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

MONITORING AND ENFORCEMENT

Company has the right to:

Company does not, however, review all contributions to the Website prior to posting and cannot ensure prompt removal of objectionable contributions. Company assumes no liability for any action or inaction regarding contributions from a third party.

TERMINATION

The Company reserves the right, in its sole discretion, to immediately terminate your access to the Website and Company Content without notice to you.

LINKS FROM THE WEBSITE

Any links on the Website are provided for your convenience only. This includes links in advertisements or sponsored content. Company is not responsible for the content on any pages linked on the Website and accepts no responsibility for your use of such links.

THIRD PARTIES

The Website and Company Content may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.

NO WARRANTIES

The Website is provided on an "as is" and "as available" basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Website or the Company Content.

Company makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website and Company Content are written in English and Company makes no warranty regarding translation or interpretation of content in any language. 

LIMITATION OF LIABILITY

COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNITY

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms will be governed and construed in accordance with the laws of the State of California. Any controversy or claim arising out of or relating to the Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Los Angeles County, California. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms may not be assigned by you without Company's prior written consent; however, the Terms may be assigned by Company in its sole discretion.

 The Terms are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Company; however, Company may make modifications as stated above.

All notices with respect to the Terms must be in writing and may be via email to [email protected] for Company and to your email address.

UPDATED: 10/19/23