Terms of service

The Nutrient Density Chart LLC

Terms of Service (aka Terms of Use, Terms and Conditions)

Last Modified: March 5, 2024

 

The Nutrient Density Chart LLC (“The Nutrient Density Chart®,” “we,” “our” or “us”) welcomes you to The Nutrient Density Chart®. The following terms and conditions (collectively, the “Terms of Use”) apply to your use of thenutrientdensitychart.com and any other websites (collectively, the “Site”) which are owned by The Nutrient Density Chart®, including any subscription service available on The Nutrient Density Chart® platform (each a “Subscription”).  By accessing the site or using the subscription SERVICE in any manner (whether automated or otherwise), you: (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, AVAILABLE AT THE URL: https://thenutrientdensitychart.com/policies/privacy-policy WHICH IS INCORPORATED HEREIN BY REFERENCE, and (B) affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, DO NOT USE THE site or subscription SERVICE.   

 

NOTICE

 

State law allows any person to provide nutritional advice or give advice concerning proper nutrition--which is the giving of advice as to the role of food and food ingredients, including dietary supplements. This state law does NOT confer authority to practice medicine or to undertake the diagnosis, prevention, treatment, or cure of any disease, pain, deformity, injury, or physical or mental condition and specifically does not authorize any person other than one who is a licensed health practitioner to state that any product might cure any disease, disorder, or condition.

As required by the California Code, Business and Professions Code - BPC § 2068 

 

Changes to the Terms of Use

 

The Nutrient Density Chart® may, at any time, revise or modify these Terms of Use or impose new conditions for use of the Site.  Such changes, revisions, or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Site or by email.  Any use of the Site by you after such notice shall constitute your acceptance of such changes, revisions, or modifications. At any time, if you do not agree with these Terms and Conditions, you should cancel your Subscription and stop using The Nutrient Density Chart® Site. By using this Site, you agree to be legally bound and to abide by these Terms of Use, just as if you had signed this agreement. Additionally, The Nutrient Density Chart® may stop (permanently or temporarily) providing access to the Site (or any features within the Subscription service) to you or to users generally and may not be able to provide you with prior notice.  These Terms of Use shall survive termination or expiration of your Subscription.

 

Ownership and Scope of Use

 

The Site and the content available on or through the Site are protected by copyright, trademark, and other applicable United States and international laws.  Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of The Nutrient Density Chart® and its licensors.  Nothing contained in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right in or to such trademarks, service marks, or logos.  Additionally, You acknowledge that the Site contains software code, algorithms, formulas, videos, illustrations, photos, graphics, music, text, software, user interface designs, nutrition data, other data, and other materials (collectively known as “Content”) that are protected by patents, copyrights, trademarks, trade secrets, and/or other intellectual property rights. You are not permitted to use or replicate any Content of our Site. You agree to abide by United States intellectual property law, international intellectual property law, and the intellectual property law of your country of residence and citizenship in relation to the proprietary rights of our Site. Any feedback, comments, or suggestions you may provide regarding the Site and/or Content, or the Subscription service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. 

The Nutrient Density Chart® grants you a personal, limited, revocable and non-transferable license to access and use the Site for your own personal, non-commercial use solely in accordance with these Terms of Use.  Notwithstanding the foregoing, you may not modify, copy, reproduce, republish, reuse, upload, post, transmit, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content available on the Site (including, without limitation, text, designs, graphics, icons, images, audio clips, downloads, interfaces, code, and software) unless explicitly authorized by The Nutrient Density Chart®.  If applicable, downloading Content to your device does not grant you rights in any Content.

 

Rules of Conduct

 

By using the Site, you represent that you are at least 18 years old or the age of majority in the jurisdiction of your primary residence.  You agree to comply with all applicable laws and contractual obligations when you use the Site, and agree not to:

  • “harvest” (or collect) information from the Site using an automated software tool or manually on a mass basis;
  • use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site;
  • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
  • “flood” the Site with requests or otherwise overburden, disrupt, or harm the Site or our systems;
  • restrict or inhibit other users from using or enjoying the Site; or

 

 Account Registration and Security

 

To obtain a Subscription, you must register on the Site and create an account (“Account”).  When you set up your account, you will be required to create log-in credentials by providing certain types of personal information or providing certain credentials for Third Party Accounts (“Login Credentials”). For more information on the types of personal information we will collect in order to create your Login Credentials, please review our Privacy Policy https://thenutrientdensitychart.com/policies/privacy-policy. You are responsible for maintaining the confidentiality of your Login Credentials, and are solely responsible for all activities that occur using your Login Credentials.  You agree not to allow a third party to use your Login Credentials at any time.  You are responsible for the activity of your account. If your account becomes compromised, you agree to notify us at info@thenutrientdensitychart.com. We reserve the right to terminate any username and password which we reasonably determine may have been used by an unauthorized third party.  You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date.  You agree to immediately notify The Nutrient Density Chart® of any unauthorized use of your username or password or any other breach of security.  We are not liable for any loss or damage arising from your failure to protect your username or password.  We encourage you to use "strong" passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your Account.

 

Electronic Communications

 

The communications between you and The Nutrient Density Chart® via the Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email.  For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Subscription Fee

 

Any Subscription service that The Nutrient Density Chart® provides will be available to purchase on our Site for an annual $20 fee (“Subscription Fee”).  Upon payment of the Subscription Fee, you will receive information necessary to create your Account.  The Subscription will auto-renew every year. You have the ability to disable the auto-renewing feature at any time. All Subscription Fees are non-refundable. You must agree to our no refund policy in order to use our Site. You agree to use a valid email that is registered in your legal name.  We are committed to protecting your privacy and security. We use Shopify (shopify.com) for secure payments and the secure handling of your credit card information. All Products and Services (including The Nutrient Density Chart® Poster and Subscription Fee) is exclusive of all state, local, and other taxes or other charges (other than income payable by The Nutrient Density Chart®) directly applicable to the use of All Products and Services (including The Nutrient Density Chart® Poster and Subscription Fee) and you will pay or contest in good faith any such taxes or charges within 30 days after your receipt of proper receipts of purchase or bills or statements from The Nutrient Density Chart® or the taxing authorities.

 

Links to Other Websites; Other Products

 

The Site may contain links to other websites operated by third parties.  Such links are provided for your convenience only, and if you access any other websites linked to the Site you do so at your own risk.  We are not responsible for the availability or the content of any such websites, or the products and services sold on them, nor are we responsible or liable for any loss or damage that may arise from your use of such websites.  When you visit a linked website, you should read the terms of use and privacy policy that govern that particular website.  Links to other websites do not imply our endorsement of any content, advertising, products, services, or other materials on or available through such websites.  Additionally, other brands, companies, or products (collectively, “Third Party Products”) may be mentioned on our Site and their inclusion may be sponsored (paid) or non-sponsored (not paid). All non-sponsored Third-Party Products will be identified as such. You agree to be bound by the disclaimers associated with any Third-Party Products. You agree that we are not responsible for claims made by external entities. We cannot control claims made by other individuals or organizations and thus take no responsibility for them. You agree that we are not liable for statements or opinions made by other websites, news organizations, magazine articles, or any other publication or form of communication. You further agree that we are not responsible for the acts and/or omission of any third parties and cannot be liable for them. You agree that under no circumstance will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with these Third Party Products or your use of, or reliance on, any content, advertisements, products or other resources available on any other website, regardless of whether we directly or indirectly link to such content, advertisements, products or other resources.

 

Availability of the Site

 

From time-to-time the Site or portions thereof may be inaccessible or inoperable due to: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that The Nutrient Density Chart® may undertake from time to time; or (c) causes beyond the reasonable control of The Nutrient Density Chart® or that are reasonably unforeseeable by The Nutrient Density Chart®, such as interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that THE NUTRIENT DENSITY CHART® does not guarantee access to the Site on a continuous and uninterrupted basis, and that THE NUTRIENT DENSITY CHART® IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM INTERRUPTIONS IN AVAILABILITY OF THE SITE.

 

Suspension or Termination of Access

 

The Nutrient Density Chart® has the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, at any time and for any reason, including if you violate these Terms of Use.  In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.  We shall not be liable for any damages whatsoever arising out of the use or the inability to use the Site, the use of any Content or other material on the Site, websites linked to the Site, or websites linked from the Site.

 

Disclaimer of Medical Liability

 

The content on the Site is for general informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  The statements about Third Party Products and health conditions have not been evaluated by the U.S. Food & Drug Administration. The Site and Content provide non-medical nutrition information. We are not a medical organization. We cannot give you medical advice or diagnosis. We do not provide the services of doctors, nurse practitioners, licensed dietitians, or registered dietitians. You should not rely on the Content as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE MAKING ANY CHANGES TO YOUR DIET OR NUTRITION OR REGARDING ANY QUESTIONS YOU MAY HAVE WITH RESPECT TO A MEDICAL CONDITION. NONE OF THE THIRD-PARTY PRODUCTS OR RECOMMENDATIONS ARE INTENDED TO ADVISE YOU TO USE OR NOT TO USE ANY THIRD-PARTY PRODUCTS.  WE RECOMMEND THAT YOU CONDUCT YOUR OWN THOROUGH RESEARCH INTO ANY SPECIFIC COMPANIES OR BRANDS BEFORE DECIDING WHETHER OR NOT TO USE THEIR PRODUCTS OR SERVICES.  IF YOU ARE BEING TREATED FOR AN ILLNESS, TAKING PRESCRIPTION MEDICATION, OR FOLLOWING A THERAPEUTIC DIET TO TREAT A DISEASE, IT IS EXTREMELY IMPORTANT TO CONSULT YOUR PHYSICIAN BEFORE STARTING ANY DIETARY PROGRAM AND YOU AGREE TO CONSULT AND OBTAIN APPROVAL FROM A MEDICAL PROFESSIONAL BEFORE USING THE DIETARY PROGRAM OFFERED UNDER THIS SUBSCRIPTION SERVICE.

 

Disclaimer of Warranties

 

THE SITE AND ITS CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND THE NUTRIENT DENSITY CHART® HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER THE NUTRIENT DENSITY CHART® NOR ANY PERSON ASSOCIATED WITH THE NUTRIENT DENSITY CHART® MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE NUTRIENT DENSITY CHART® NOR ANYONE ASSOCIATED WITH THE NUTRIENT DENSITY CHART® REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENT WILL BE ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ITS CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS AND YOU AGREE THAT THE NUTRIENT DENSITY CHART® IS NOT RESPONSIBLE FOR ANY HARM DONE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE PROPER SECURITY MEASURES ARE IN PLACE ON YOUR COMPUTER SYSTEM OR MOBILE DEVICE TO PROTECT YOU FROM VIRUSES, DATA LOSS, OR ANY OTHER HARM THAT CAN NEGATIVELY AFFECT YOUR DIGITAL PROPERTY.  The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties. 

 

Limitation of Liability

 

IN NO EVENT WILL THE NUTRIENT DENSITY CHART® OR its OFFICERS, directors, employees, agents, licensors, OR service providers BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR ANY CONTENT ON THE SITE, INCLUDING, BUT NOT LIMITED TO, PHYSICAL HARM, LOSS OF REVENUE, PROFITS, OR  BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.  USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IN SUCH STATES, THE LIABILITY OF THE NUTRIENT DENSITY CHART® AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.  If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of THE NUTRIENT DENSITY CHART® and its affiliates shall not exceed FIFTY dollars ($50.) The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Site would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.

 

Indemnification

 

You agree to indemnify, defend, and hold The Nutrient Density Chart® and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site; its Content; the Subscription service; and any violation of these Terms of Use or applicable law.  We reserve the right, but not any obligation and at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event, you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Site, its Content and/or these Terms of Use.  You hereby agree that if the terms of these Terms are not specifically enforced, The Nutrient Density Chart® will be irreparably damaged, and therefore you agree that The Nutrient Density Chart® shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of these Terms of Use, in addition to any other available remedies.

 

Geographic Restrictions

 

The Nutrient Density Chart® is based in the State of California in the United States.  We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States.  Access to the Site may not be legal by certain persons or in certain countries.  If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

NOTICE

 

State law allows any person to provide nutritional advice or give advice concerning proper nutrition--which is the giving of advice as to the role of food and food ingredients, including dietary supplements. This state law does NOT confer authority to practice medicine or to undertake the diagnosis, prevention, treatment, or cure of any disease, pain, deformity, injury, or physical or mental condition and specifically does not authorize any person other than one who is a licensed health practitioner to state that any product might cure any disease, disorder, or condition.

As required by the California Code, Business and Professions Code - BPC § 2068 

 

Governing Law; Jurisdiction and Venue

 

These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Site shall be instituted exclusively in the federal or state courts located in Orange County, California.  You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

Limitation on Time to File Claims; Waiver of Jury Trial

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE.

 

Waiver and Severability

 

Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.

 

Entire Agreement; No Third-Party Beneficiaries

 

These Terms of Use, together with our Privacy Policy located at the following URL: https://thenutrientdensitychart.com/policies/privacy-policy, constitute the sole and entire agreement between you and The Nutrient Density Chart® with respect to the Site, its Content, including your Subscription and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.  These Terms of Use are not intended to benefit any third party, and do not create any third-party beneficiaries.  Accordingly, these Terms of Use may only be invoked or enforced by you or The Nutrient Density Chart®.

 

Contact Us

 

If you have any questions about the Site or these Terms of Use, you may email us at info@thenutrientdensitychart.com, or send us mail at The Nutrient Density Chart LLC  8583 Irvine Center Drive 888, Irvine, CA 92618.