Effective: March 10, 2014
The Services provided by PowerFoods Limited, including the texts, information, data, website(s), apps, blogs, forums, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively “Content”) created by PFLtd or obtained from third-party content providers, affiliates, partners, sponsors, suppliers, and licensors (collectively “Providers”) are to be used for informational purposes only. The information presented through these Services is in no way intended as medical advice or as a substitute for medical treatment. This information should be used in conjunction with the guidance and care of a qualified health care professional, especially if you are taking medications, are obese, are on dialysis or have any chronic illness. Whether or not you are facing fertility challenges, we ask that you consult with your gynecologist, fertility specialist, physician or other qualified medical professional before beginning the PowerFoods approach.
By taking a PowerFoods online assessment, you are providing information to PFLtd which is used to generate personalized results based on your answers to the assessment questions. Given that the assessment is done online and that PFLtd does not see or speak to you before or after providing results to you, PFLtd does not know and can not be reasonably expected to know if your answers are truthful, complete, correct or to be expected given your current state of health. PFLtd is not responsible for errors, omissions, inaccuracies, inconsistent or incorrect entries which may or may not have an impact on the results provided to you.
Nothing stated or presented by the Services is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your gynecologist, fertility specialist, physician, nutritionist or other qualified health care professional if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.
1. License Grant & Restrictions
PFLtd grants you a limited license to access and make personal use of the Content and the Services. You may not download (other than page caching) or modify them, or any portion of them, without the express written consent of PFLtd. This license does not include any resale or commercial use of the Content; any collection and use of any product listings, recipes, questions, texts, descriptions, or prices; any derivative use of the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Content may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of PFLtd. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PFLtd without our express written consent. You may not use any metatags or any other hidden text utilizing the PFLtd name or trademarks without the express written consent of PFLtd. Any unauthorized use terminates the permission or license granted by PFLtd. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of any PFLtd website so long as the link does not portray PFLtd, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any PFLtd logo or other proprietary graphic or trademark as part of the link without express written permission.
You may not access the Services if you are a direct competitor of PFLtd, except with the prior written consent of PFLtd. In addition, you may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking, business intelligence or competitive purposes.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way; (ii) modify or make derivative works based upon the Services or the Content; (iii) create Internet “links” to the Services or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using similar Content including but not limited to ideas, texts, descriptions, features, functions or graphics of the Services, or (c) copy any Content including but not limited to ideas, texts, descriptions, features, functions or graphics of the Services.
2. User Account Information and Conduct
If you use the Services, you are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account or password. PFLtd and its partners reserve the right to refuse service, terminate accounts, remove or edit content, or cancel subscriptions at their sole discretion.
You agreee to use the Services only for lawful purposes. You are prohibited from posting on or transmitting through the Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
PFLtd reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, the Services, or any rights of PFLtd or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither PFLtd nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither PFLtd, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content found on these Services.
3. Intellectual Property Ownership
PFLtd or third parties hold the exclusive license for all Intellectual Property Rights for the PowerFoods platform, the Content and the Services as well as any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, the PowerFoods platform or the Intellectual Property Rights held by PFLtd or third parties. The PowerFood, PowerFoods and Power Diet names and logo as well as the product names associated with the Services are trademarks of PFLtd or third parties, and no right or license is granted to use them.
4. Third Party Content
These Services contain Content created and provided by PFLtd as well as by users and Providers. Concerning the Content supplied by users and Providers, PFLtd is a distributor and not a publisher. PFLtd has no more editorial control over such Provider or user Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by users or Providers and not by PFLtd are those of the respective authors, professionals or distributors and not of PFLtd. Neither PFLtd nor any third party, including any Provider or any user of the Services, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Services represents the opinions and judgments of the respective Provider or user not under contract with PFLtd. PFLtd neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made through the Services or by any Providers. Under no circumstances shall PFLtd be liable for any loss, damage or harm caused by your reliance on information obtained through these Services or Providers. It is your responsibility evaluate the information, opinion, advice or other Content made available to you through these Services.
5. Billing, Charges and Payment of Fees
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are non-cancellable and all amounts paid are nonrefundable. If you are unable to complete an assessment before the end date of your subscription to a PFLtd service owing to technical errors on the PFLtd platform(s), you must inform PFLtd before the end date of your subscription of the technical difficulties you are encountering and we will extend the validity date of your service until the technical problems have been resolved plus five calendar days. You may cancel your subscription at any time but you won’t be issued a refund. You must provide PFLtd and/or our payment-processing contractors with valid credit card information as a condition to signing up for any paid portion of the Services.
You agree to provide PFLtd and/or our payment-processing contractors with complete and accurate billing and contact information. This information includes your street address, e-mail address, and name and telephone number. If the contact information you have provided is false or fraudulent, PFLtd reserves the right to terminate your access to the Services in addition to any other legal remedies.
If you believe charges you have received in conjunction with any paid Services purchased from PFLtd are incorrect, you must contact us in writing within 60 days of the date of the statement containing the amount in question to be eligible to receive an adjustment or credit.
You are free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, PFLtd may suspend or terminate your use of the Services if you are not complying with these Terms, or use the Services in a manner that would cause us legal liability. We reserve the right to terminate and delete your account if you have not accessed our Services for 12 consecutive months. We will provide you with notice via the e-mail address associated with your account before we do so.
7. Disclaimers and Limitation of Liability
By using these Services, you expressly agree that use of these Services is at your sole risk. Neither PFLtd, nor its affiliates, licensors, licensees, sponsors, suppliers or partners, nor any of their officers, directors, employees, representatives or agents, nor other Providers or their employees warrant that provision of the Services will be uninterrupted, accurate or error-free; nor do they warrant or make any representation regarding the use of the information provided by the Services or the results that may be obtained from the use of the information provided through the Services, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through these Services.
THE SERVICES ARE PROVIDED BY POWERFOODS LIMITED ON AN “AS IS” AND “AS AVAILABLE” BASIS. POWERFOODS LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PROVISION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED THROUGH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, POWERFOODS LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL POWERFOODS LIMITED OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE OF POWERFOODS LIMITED OR PROVIDED BY POWERFOODS LIMITED OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED THROUGH THE SERVICES, EVEN IF POWERFOODS LIMITED IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF POWERFOODS LIMITED EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY POWERFOODS LIMITED, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall PFLtd or any other party involved in creating, producing, expressing or distributing the Services be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Services, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the records of the Service. You acknowledge that this paragraph shall apply to all Content and Services offered by PFLtd whether or not PFLtd is the provider of the Content or Services or whether the Content or Services is provided to you by a Provider or any third party. In those jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
8. Dispute Resolution
In case of a dispute between you and PFLtd, you agree to the following procedure:
- Before filing a claim against PFLtd, you agree to try to resolve the dispute informally by contacting us. We will try to resolve the dispute informally by contacting you via e-mail. If a dispute is not resolved within 60 days of submission, you or PFLtd may bring a formal proceeding.
- In case of a formal proceeding, you and PFLtd agree to resolve any claims relating to these Terms or the Services through final and binding arbitration.
- The Swiss Chambers’ Arbitration Institution will administer the arbitration. The arbitration will be held in the Canton of Vaud, Switzerland or any other location in Switzerland that we agree to.
- The Swiss Chambers’ Arbitration Institution rules will govern payment of all arbitration fees. PFLtd will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
- You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
- In the event that the agreement to arbitrate is found not to apply to you or your claim, you and PFLtd agree and consent that any judicial proceeding will be brought in the courts of the Canton of Vaud, Switzerland.
9. Applicable Law
The Services have been created and and are offered by PFLtd in the Canton of Vaud, Switzerland. As such, the laws of the Canton of Vaud will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. PFLtd reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. You hereby irrevocably and unconditionally consent to submit to the jurisdiction of the Canton of Vaud for any litigation arising out of or relating to use of or purchase made through this site, waive any objection to the laying of venue of any such litigation in the courts of the Canton of Vaud and agree not to plead or claim in any court that such litigation brought in the Canton of Vaud has been brought in an inconvenient forum.
10. Waiver, Severability & Assignment
The failure of PFLtd to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. PFLtd may assign its rights to any of its Providors, affiliates, or to any successor in interest of any business associated with the Services.
11. Modification to Terms
PFLtd reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the Services after any such changes shall constitute your consent to such changes.
12. Questions or Additional Information
If you have questions regarding this Agreement or wish to obtain additional information, please contact us online or at +1 415 349 3329.