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WEBSITE TERMS OF USE

 

PLEASE READ THE PRIVACY POLICY AND TERMS OF USE BEFORE USING THIS WEBSITE, USE OF

 THIS WEBSITE CONSTITUTES AGREEMENT OF BOTH
 

TERMS OF USE

 

Last Updated: August 23, 2023

 

OVERVIEW

 

The terms "we" "us" and "our" refer to All Season Nutrition LLC. The terms "website" and "site" refer to this website: www.allseasonnutrition.com. The terms "user" "users" "you" and "your" refer to visitors and customers/clients of this website. The terms "Service" or "Product" refers to the educational and informational content contained on this site, as well as general information about our services and products offered.

Thank you for visiting our website. The Terms of Use ("Agreement") is a legally binding agreement and applies to all users of our website and/or services. Continued use of this website is an acknowledgement of our Terms of Use and constitutes acceptance of the Agreement. Use of this website also represents that you have the right and capacity to enter into this Agreement. If you are not accepting this Agreement or do not have the right, authority or capacity to enter into the Agreement, do not use this website.

 

USE OF SITE

 

Children under 18 years of age are prohibited from using this website. By using this site you represent that you are 18 years of age or older, and have the capacity and authority to enter into this agreement.

LAWFUL PURPOSES

This site is to be used for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through this site. You agree to use this site for legitimate, non-commercial purposes only. You agree to not post or transmit any material through this website or via email that violates or infringes the rights of us or others, or any material that is threatening, abusive, obscene, defamatory, libelous, invasive of privacy rights, incites criminal conduct or gives rise to civil liability, or otherwise violates any law.

 

GUARANTEES AND WARRANTIES

 

All Season Nutrition LLC does not guarantee any results from using this content and it is for educational purposes only, and to share general information about nutrition coaching and about us. Information provided on this website is subject to change. We try to provide up-to-date and accurate information but we do not make any representations that the information provided on this site, whether for free or for purchase, or any third party site linked through the website is always accurate, free from errors or omissions, current or reliable. The website and any purchase made from this site is provided “AS IS” and without any warranty of any kind, express or implied, including an implied warranty of fitness for a particular purpose, merchantability, title, and non-infringement.

All Season Nutrition LLC does not guarantee any outcome based on your use of this website. Past results in other instances do not guarantee a similar outcome. No representations or warranties are made as to the accuracy or completeness of the site and use is at your own risk.

 

LIMITATION OF LIABILITY:

All Season Nutrition LLC will not be liable for any direct, indirect, incidental, consequential or other damages arising out of or relating to your use of this website or services, loss of use, loss of data, website attacks including computer virus or hacking of any kind, third-party claims, or any misuse of information, services or products. We are not liable to you or any third party for any injury, loss or damages of any kind, whether the liability arises out of breach of contract, tort, negligence, warranty or otherwise, even if the other party has been advised of the possibility of such damages.

 

DISCLAIMERS

 

​This website is not used to provide health or nutrition advice, and no professional-client relationship has been formed by your use of this website. No material downloaded or resource used on this website constitutes health or nutrition advice. Your use of the content on this site or content from our email list is at your own risk. We do not guarantee any results from using this content and it is for educational purposes only. It is your responsibility to do your own research, consult, and obtain a professional for your health and/or nutrition or other help that you may need for your situation.

 

You agree and acknowledge that we are a Registered Dietitian Nutritionist (RDN) in the state of Michigan, but not a Licensed Dietitian Nutritionist (LDN). The website, services or product is not meant to be a complete solution for any situation and does not make any such promises or guarantees. It is your responsibility to obtain a professional if necessary for your situation and we are not responsible for any outcome.

 

Statements made regarding health outcomes is not a guarantee that you will have the same results. You acknowledge and agree that we cannot guarantee your future results or success with the nutrition plan. Your success is based on your own actions and not on the website, services or product. You acknowledge and agree that we are not liable for your success or results. Before beginning any type of fitness plan, nutrition or other health or wellness plan, it is your responsibility to consult with a medical professional, registered dietitian, mental health professional, therapist, psychologist, etc.

 

The testimonials and opinions displayed on our website apply to the individual who wrote it. Results vary and the success of some does not guarantee the same or similar results from others. Our testimonials are provided on a voluntary basis. We did not pay for these testimonials, they were not given in exchange for free services or product or any other benefit. The testimonials on our website illustrate the typical experiences of our clients; however, we acknowledge that results are individual and can vary.

 

There are no sponsored posts contained on this website. We do not write sponsored posts or accept free products in exchange for reviews. Opinions expressed on our website are our own. Any products or services that are linked from our website have been purchased by us and we believe it is valuable.

 

INTELLECTUAL PROPERTY AND LICENSE RESTRICTION

This site and any service provided contains intellectual property owned by All Season Nutrition, LLC. This site may contain intellectual property from third parties, with license to us for use on this site. You agree not to modify, reproduce, transfer, sell, create derivative works from, or distribute in any manner any of the content or intellectual property, ours or that of a third party, without prior written consent. Any violation of this policy will result in access to this site and/or product being revoked, without refund.

 

Any product or service downloaded from this website is not a transfer of ownership rights and is only granting you a limited, revocable, non-exclusive, non-transferable license to use the Product for the individual purposes intended: for your personal use. This does not grant you a license to sell, rent, copy, create derivative works from, share or otherwise transmit or disseminate the Product or any materials provided in connection with the Product, with anyone else for commercial or non-commercial use.

 

Any violation by you of the license provisions contained herein may result in immediate termination of your license to use this site, products or services.

REFUND POLICY

 

Due to the nature of the services provided (individualized nutrition coaching), all services are non-refundable once all coaching or consulting services have been rendered. However, if you entered into a payment plan and are not satisfied with your investment and the services rendered, you may request future payments to be forgiven. If you purchased the Product in full and are not completely satisfied, you may request a refund only for the sessions not yet rendered.

MODIFICATION OF THIS AGREEMENT

These terms may be amended at any time and are effective immediately. The effective date is listed below and it is your responsibility to check this site periodically for any updates to this site. We reserve the right to update these terms.

 

SEVERABILITY

If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in full force and effect.

ASSIGNMENT

This agreement is not assignable or otherwise transferable by you, and any such attempt to transfer, assign, delegate or sub-license is not valid.

INDEMNIFICATION

You agree to indemnify and hold us harmless, including costs and attorneys’ fees, from any injury, damage or loss of any kind arising out of your use or misuse of this site, any product or service, or your violation of this Agreement.

WAIVER

You agree that the failure of All Season Nutrition LLC to enforce any provision of this Agreement shall not be deemed a waiver of our rights under this Agreement to subsequently enforce any provision of this Agreement.

 

GOVERNING LAW

 

If any dispute arises out of or related to a claimed breach of this Agreement or any other disagreement of any nature, type or description, such dispute shall be resolved by binding arbitration by a single arbitrator in STATE, in the County of COUNTY NAME, and administered by JAMS pursuant to its Comprehensive Arbitration Rules and procedures or any other Arbitration procedure agreed upon by the parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

Both parties agree that prior to arbitration, both parties will make a good faith effort to resolve the dispute without the necessity of outside intervention. You further agree and acknowledge that in order to be considered "a good faith effort," you must give the Owner written notice of any dispute.

ENTIRE AGREEMENT

You agree that this Agreement contains the entire agreement between you and All Season Nutrition LLC pertaining to this site. No other agreement, statement, or promise made prior to this Agreement will supersede this pertaining to this site.

HEADINGS

All headings are included for convenience purposes only and bear no impact on the construction of any terms of this provision.

Healthy Food

PRIVACY POLICY

Last updated: August 23, 2023

 

Privacy Policy:

 

This privacy notice details the policies used by All Season Nutrition, LLC ("we" "our" or "us") in collecting information from www.allseasonnutrition.com ("website" or "site"), and how the information is stored, used, shared and protected. All Season Nutrition LLC is committed to protecting your privacy and any personal information collected through this website.

 

Please read this Privacy Policy and the Terms of Use in their entirety before using this website. Your continued use of any portion of this website represents your consent to the terms of our Privacy Policy and Terms of Use.

 

Collecting Your Information and How it is Used:

 

​When you are visiting the website for All Season Nutrition LLC some personally identifiable information may be gathered at various points on the website.

 

Information you choose to submit:

Through All Season Nutrition LLC you may choose to follow the external link to the coaching application via Google Forms. The information collected from the coaching application via Google Forms includes your name, email address and/or phone number. You are not obligated to provide your information to us through this website. Information may be collected from you if you choose to purchase any services through this website, including your name, address, billing address and billing information.

 

All Season Nutrition LLC does not require registration in order to visit or use our website. If you choose to create a client account via Practice Better, additional personal information will be collected via your coaching application via Google Forms, such as your name, billing address and information, phone number, and email address. To access the client portal services you will be required to log in using unique login credentials that you create.

 

Information collected from third parties:

 

If you become a client, any purchase transaction will be made through a third party payment processor (Stripe within Practice Better). Any information provided by you at that time is stored through the third party in accordance with their terms, and not on this website. Information provided by you to third parties may be transferred to All Season Nutrition LLC in order for us to perform services, assist with tracking advertising, and in maintaining this website.

 

We use third party services via Practice Better to schedule calls, process purchases and payments, and to store all client files. When you use this website, you are agreeing not to hold All Season Nutrition LLC responsible for any security breach and/or for any unauthorized use of your personal information by third parties.

 

Information automatically collected:

 

All Season Nutrition LLC may at times automatically collect additional data for website analysis, including but not limited to using Google Analytics, as well as collecting information including the IP address used to access this website, domain information, links clicked on and the date and time of access.

 

Cookies & Other Tracking Technologies:

 

Information on this website, including advertisements, may be processed using cookies, pixels, web beacons, server logs or other tracking technologies. A "cookie" is a small data file placed on your hard drive by this website. These are used to assist with your use of this site and our services, and do not contain your personal identification information. Cookies or logs allow certain information to be stored for the next time you visit our site by remembering your browser; this may assist you with purchasing items from our site as well as with navigating your experience through our site. Cookies may also be used to track users’ interests on our site to help us improve. You are not required to accept cookies to use our site, however access to some information on this site may be limited.

 

Content placed on our site from third parties may also use these tracking technologies to collect information from you when you are using this site. The collection and use of your information by third parties is not under our control. For additional information you can contact the third parties for details on their policy, or opt out or limit permission through the settings on your internet browser.

 

How Your Information Is Used:

 

Your information may be used by All Season Nutrition LLC for the following purposes:

*To provide you with customer service, requested information or content,

*To provide products or services purchased,

*To communicate with you via email, including promotional information, newsletters, updates to our website and other content,

*To create a personalized experience for the visitor of the site, including retaining purchase history to make suggestions for other products or services you may be interested in, retain and evaluate how you use and access different pages of our website for analytics purposes in order to improve our website, and target advertisements based on previous interactions you have had on our website,

*To enforce our rights under any contract created between you and us,

*To respond to any request made where we are obligated to by law,

*In managing our business activities, such as maintaining our records, providing services, marketing assistance, and other legal purposes,

*For any other purpose you consent to.

 

Your information may be shared with third parties if we send you a promotion regarding a third party and you choose to pursue that promotion or offer. Your information may be shared with third parties for data and analytic purposes to perform the services we request to them only. When you use this website, you are agreeing not to hold All Season Nutrition LLC responsible for any security breach and/or for any unauthorized use of your personal information by third parties.

Protecting and Disclosing Your Information:

 

All Season Nutrition LLC will store your collected information in a commercially reasonable method for as long as necessary for our business and in compliance with applicable laws.

 

All Season Nutrition LLC does not intend to sell, share, or transfer your information to any third parties without providing you with notification, except for the following: to our affiliates and subsidiaries; service providers and other third parties used for our business including payment processing, data analysis, marketing, email delivery, hosting services, fraud prevention service providers, and customer service; with your consent; to comply with any court order or lawful government request; if necessary to enforce our terms of use; in a sale or transfer of assets, merger or acquisition; or if we deem it necessary to protect the rights of All Season Nutrition LLC.

 

If you share information from www.allseasonnutrition.com through any social media platform, you are voluntarily disclosing your personal information. It becomes public information and can be collected and used by others. All Season Nutrition LLC does not have control over this and is not responsible for the use or dissemination of such publicly disclosed personal information by you.

 

All Season Nutrition LLC intends to keep all of your information safe and confidential; however, given the nature of submitting information through the internet by an unencrypted email, please do not submit any private or confidential information through this website.

 

In addition, no coach/dietitian-client relationship has been formed by the use of this website and no coach/dietitian-client relationship is formed by any information sent through this website.

If any information provided to All Season Nutrition LLC needs to be updated or amended, please email a request to megan.price@allseasonnutrition.com.

Opting Out & California Do Not Track Disclosures:

 

In order to opt out of using cookies, you may change the permission through your internet browser settings.

 

In order to opt out of having your information used through Google Analytics, you can opt out by installing the Google Analytics opt out browser add on here: https://tools.google.com/dlpage/gaoptout

In order to opt out of email correspondence, please click the "unsubscribe" button at the bottom of our emails or see the section below.

 

In order to close your account, you may use the settings in your account or email us a request.

 

For residents of the European Union or the European Economic Area, please see the GDPR section below for more information.

California Residents:

 

For California residents: under CalOPPA you have certain additional rights. You may request to review or request to delete your personally identifiable information. You can also request information on our disclosure to third parties. If you wish to make a request please send a detailed email to megan.price@allseasonnutrition.com.

 

If you wish to change your "Do Not Track" ("DNT") settings, this can usually be done by changing a setting on your internet browser. There is no universally agreed upon standard as to what should be done by site and app operators regarding these DNT signals, and as such, we may not respond to DNT settings. For more information, please go to: http://www.allaboutdnt.com.

Email Correspondence:

 

All Season Nutrition LLC is committed to protecting your privacy, and this includes keeping your email address confidential. We do not sell, rent or share our email subscription list. It is only disclosed to third parties in order to provide services to you.

Our emails comply with the CAN-SPAM Act. An unsubscribe button is found at the bottom of every email from us.

If you would like to unsubscribe to receiving future correspondence from All Season Nutrition LLC please click on the link at the bottom of our email or email "unsubscribe" to megan.price@allseasonnutrition.com.

 

General Data Protection Regulation ("GDPR"):

 

If the GDPR applies to you, you have certain data protection rights and are entitled to information. The GDPR applies to users in the European Economic Area ("EEA"). These rights include:

 

*The right to request access to your personal data that we store, you may request copies of this,

*The right to rectification of any information you believe is inaccurate, or to complete the information you believe is incomplete,

*The right to object to how we process your personal data, under certain conditions,

*The right to request that we restrict the processing of your personal data, under certain conditions,

*The right to data portability, to request that we transfer the data we have collected to another organization or directly to you, under certain conditions,

*The right to request we erase your personal data, under certain conditions,

*The right to withdraw consent to our processing of your personal data, to the extent that we had relied on it to process your personal information,

*The right to lodge a complaint with a supervisory authority about our collection and use of your personal data. If you are an EEA resident, you can do this by contacting your local data protection regulator.

 

The data processors used through this website each have their own privacy policy which can be found on their website. The data processors used are: https://www.wix.com/about/privacy-dpa-users 

 

Children Under the Age of 18:

 

Our website is not intended to be used by children under the age of 18. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this website. If we become aware that we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information and take steps to remove it from our servers.

Links to Other Websites:

 

This website may contain links to other websites. All Season Nutrition LLC is not responsible for the content or the privacy policies of websites to which it links. Please review the privacy policies of those sites before use as we have no control over their collection policies.

Changes to Our Privacy Policy:

 

All Season Nutrition LLC reserves the right to change, alter, or modify this privacy policy at any time. Updates or changes to our policy will be posted on this page. Notice of any material changes to how we use, collect, protect or disclose your information will be emailed to the email address provided by you, if applicable. The date our privacy policy was last updated is located at the top of this page. It is the website user's responsibility to check for any changes in our policy, and to provide us with an up-to-date and active email address.

Contact Information:

 

All Season Nutrition LLC can be contacted by email for any questions or concerns relating to our Privacy Policy at megan.price@allseasonnutrition.com

 

Mailing Address:

All Season Nutrition LLC

3547 Alpine Ave NW, #106

Grand Rapids, MI 49544

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