These Use Terms are a contract between you and us and govern your Customized Nutrition Newsletters Service use. Agreeing to these Use Terms is a condition of any Customized Nutrition Newsletters use. You signify your agreement to these Use Terms and will be legally bound by them from the date on which you click to accept or agree to these Use Terms.
This contract is not associated with your Mail Chimp account or service. You are responsible for managing, maintaining, updating, and payment for Mail Chimp services when applicable.
Our Website details the Customized Nutrition Newsletters Service which, broadly, comprises the following components –
- Customized Nutrition Newsletters Content
- the Support Service
We grant you a limited and non-exclusive right to use the Customized Nutrition Newsletters Service solely for the purposes which the Customized Nutrition Newsletters Service is intended for and as permitted by the licenses applicable to the Customized Nutrition Newsletters Service components. This right is not transferable to any other person.
These Use Terms shall continue to bind you for so long as you make use of Customized Nutrition Newsletters Service.
Content is licensed under Customized Nutrition Newsletters. When you purchase the Service, you will receive access to our nutrition newsletter, article, and recipe database.
Customized Nutrition Newsletters grants users a Content License in respect of Customized Nutrition Newsletters Intellectual Property which forms part of the Services.
To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Content is expressly permitted (such permission to be interpreted in its most restrictive sense) users may do so, provided that all trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices included on or in relation to the Content are retained and displayed without alteration or modification and not in any manner obscured or removed.
Users are further required, as a condition of this Content License, to clearly and expressly attribute Customized Nutrition Newsletters as the Content’s source.
Users acknowledge that they do not acquire any ownership rights or rights to use the Content except where explicitly permitted to do so. In the event Customized Nutrition Newsletters revokes the Content License, users may no longer use the Content.
Some of our Content has been contributed by 3rd Party service providers. These 3rd Party service providers may change from time to time and the Content they contribute may not always be available through the Customized Nutrition Newsletters Service. When using Content from a 3rd Party service you must include their reference and no edits to their content is allowed.
We recognize that the field of nutrition, health, and wellness is an ever evolving field. We do our best to stay abreast current research and trends as well as provide a variety of content that appeals to different schools of thoughts. If you do not agree with a certain newsletter topic or article, you can easily switch out with another article from our database. Small edits to content provided by Customized Nutrition Newsletters are allowed to make the article customized to your readers.
Customized Nutrition Newsletters Service helps to save you time by providing pre-written content for an electronic newsletter distribution through Mail Chimp. Customized Nutrition Newsletters will format the newsletter into your nutrition newsletter but it is the responsibility of the account owner to verify all information is correct and to update and personal business news and events. If edits are made to the newsletter it is the responsibility of the Mail Chimp account holder (business) to schedule newsletter at intended date. Additional support service may be contracted out.
Changes to the Services
We may change any aspect of the Customized Nutrition Newsletters Service on written notice to you. proposed changes to the WooThemes
Fees for Customized Nutrition Newsletters fees are billed on a monthly or annual contract. We may, in our sole discretion, suspend any aspect of the Customized Nutrition Newsletters Service which you have not paid for.
You may cancel your service with Customized Nutrition Newsletters at any time.
Without detracting from any of our rights, you agree that we are entitled to discontinue any aspect of the Customized Nutrition Newsletters Service you may be using if you fail to pay any amount when it falls due or if you breach these Use Terms. In the event we incur expenses to recover amounts you owe us, you further agree that we may recover our legal costs on the attorney and own client scale, collection charges and tracing fees.
You may be required to register on the Website in order to make use of the Customized Nutrition Newsletters Service. Once registered, you will be able to log into your account using your chosen usernames and passwords.
You may not impersonate another person and you are required to associate your real identity with your account.
We collect your personal information through the Website’s registration form in order to successfully complete the registration process. We highly value your privacy and will not sell your information to any third parties. You warrant that your personal information which you submit to us is accurate, current and complete.
You agree that we may deny you use of the Customized Nutrition Newsletters Service should you breach your warranty or subsequently be found to have breached this warranty. We may take steps to verify your personal information once you have completed the requisite registration process for the Customized Nutrition Newsletters Service and these steps may include, and are not limited to, email verification. You agree to submit to this verification process and irrevocably consent to us gaining access to relevant information held by 3rd Parties which may be reasonably required to complete the verification process. You acknowledge and agree that your access to the Customized Nutrition Newsletters Service may be limited until this verification process has been successfully completed.
Should you not agree to our verification process or withhold your consent to us processing your personal information, your Customized Nutrition Newsletters Service use may be suspended or terminated.
You waive any claims you may have against us or our Associates in the event we deny you use of the Customized Nutrition Newsletters Service where you have breached these Use Terms or otherwise failed to fulfill your obligations to Customized Nutrition Newsletters.
Passwords and Account Security
You agree that the security of their Customized Nutrition Newsletters user account is solely your responsibility.
Disclaimers and Limitation of Liability
To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied in respect of the Customized Nutrition Newsletters Service and you use the Customized Nutrition Newsletters Service at your own risk.
You agree that neither we or our Associates shall be liable for any Losses which you may sustain however arising and whatever the cause, in particular pursuant to your or any 3rd Party’s use of, access to and/or interference with the WooThemes Service.
You also agree that our liability to you pursuant to these Use Terms shall furthermore be limited to the total amount of the fees you paid for your WooThemes Service use.
Maintenance and Repair
You acknowledge that from time to time the Customized Nutrition Newsletters Service may be suspended, either in part or as a whole, for maintenance, repair and improvements. We agree, wherever reasonably possible, to give twenty-four (24) hours notice of suspension of the Customized Nutrition Newsletters Service by the proposed suspension.
We shall not be liable for any Losses which may be sustained as a result of the suspension of the WooThemes Service save as provided for in the Support Policy, where applicable.
You acknowledge that, from time to time, the Customized Nutrition Newsletters Service may be suspended due to causes beyond our control which we refer to as Interruption Events. We do everything possible to make sure this does not happen.
You agree that we will be relieved of our obligations in terms of these Use Terms during the period that the Interruption Event and its consequences continue, only to the extent we are reasonably prevented from fulfilling our obligations, and we shall not be liable for any Losses which you may suffer as a result.
We will make reasonable efforts to notify you of an Interruption Event in writing as soon as we become reasonably aware of the Interruption Event.
Our full name and legal status: Customized Nutrition Newsletters
Postal address: P O Box 53082,Lafayette, LA, 70505
Main business: Providing pre-written
Website address: www.creativenutritionmarketing.com
Official email address: firstname.lastname@example.org
Cooling off period: Not applicable
Generally speaking, references to a “day” are references to typical business days.
Any reference to “business hours” shall be construed as being the hours between 08h30 (eight hours and thirty minutes) and 5:00 CST, Monday – Friday. Glossary
“3rd Party” means a person other than WooThemes and a Customer;
“Associates” means a Party’s officers, servants, agents or contractors or other persons in respect of whose actions that Party may be held to be vicariously liable;
“Content” means any material capable of and in which copyright protection subsists (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) including, but not limited to, what a Customer may have access to as part of, or through the Customer’s Service use;
“Content License” means a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive licence to use our Content either on or through the Service through a generally available web browser, mobile device or application solely for the purpose of enabling users to use the Service, in the manner permitted by these Use Terms and does not extend to scraping, spidering, crawling or other technology or software used to access data without our express written consent;
“Customer” means the person contracting with us to use the Customized Nutrition Newsletter Service subject to these Use Terms and is either –
- you, personally, if you are contracting with us in your personal capacity; or
- a legal entity such as a company or close corporation you represent, in which case you –
- represent to us that you are authorised by that legal entity to enter into this contract on that legal entity’s behalf; and
- agree that when we refer to “you” in these Use Terms, we are referring to the legal entity you represent with you as its authorised representative;
“Intellectual Property” means any know-how (not in the public domain), invention (whether or not patented), design, trade mark (whether or not registered), or material capable of copyright protection and in which copyright subsists (whether or not registered), goodwill, processes, process methodology and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such intellectual property;
“Intellectual Property Rights” means legal or moral rights in Intellectual Property;
“Interruption Event” means strike, lock-out, fire, explosion, floods, riot, war, accident, act of nature, embargo, legislation, shortage of or a breakdown in transportation facilities, civil commotion, unrest or disturbances, cessation of labour, government interference or control, or any other cause or contingency beyond the control of the Party concerned;
“Interrupted Party” means a Party prevented or restricted directly or indirectly from carrying out all or any of its obligations under these Use Terms by reason of an Interruption Event;
“Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);
“Parties” means Customized Nutrition Newsletters and the Customer;
“Use Terms” means these terms and conditions, as amended from time to time;
“Support Service” means our Product support and update service described on the Website;
“use” bears its ordinary meaning and when used in the context of –
- the Website, means to visit or load the Website in a web browser, mobile phone or similar software application or device or otherwise engage with the Website;
- Products or Content, means to copy, download, distribute, display, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate the Products;
“user” means a person who is not a Customer and who uses the WooThemes Service or the Website;
“Website” means the Customized Nutrition Newsletters website located at www.creativenutritionmarketing.com, www.customizednutritionnewsletters.com or such other websites as may be associated with and controlled by Customized Nutrition Newsletters from time to time;
“Customized Nutrition Newsletters Service” means the Content, Products and Support Service, either collectively or in any combination.