Terms and Conditions

These Terms and Conditions, when accepted by you, shall be a contract between you and Healthy Living by Rachel, Inc. dba Personal Web Nutrition (“Personal Web Nutrition” or “we”) governing services provided by Personal Web Nutrition to you. Personal Web Nutrition offers such services contingent upon your acceptance of these Terms and Conditions. These Terms and Conditions expressly include the Legal Disclaimer set forth on this website, which disclaimer is incorporated herein as if fully set forth.

Before continuing the subscription application, you must review these Terms and Conditions, including the incorporated Legal Disclaimer, in full and agree to abide by same. BY CLICKING THE “I AGREE” BUTTON BELOW, YOU CERTIFY THAT YOU ARE OVER THE AGE OF EIGHTEEN AND HAVE LEGAL AUTHORITY TO ENTER INTO THIS CONTRACT. YOU FURTHER CERTIFY THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY SAME. After you have clicked the “I AGREE” button, you will be permitted to complete your subscription.

Ownership.
The website www.personalwebnutrition.com, its contents and all communications and materials we provide via this website are the property of Healthy Living by Rachel dba Personal Web Nutrition. Information provided to you as a subscriber is intended for your sole, non-commercial use. You are expressly prohibited from using any of the information contained on this website or provided to you as a subscriber for any commercial use.

Consult Your Physician.
By continuing with the subscription you acknowledge that this site and the services offered by Personal Web Nutrition are not intended to be and do not constitute medical advice. You should always consult your healthcare provider before embarking on any dietary change or exercise regime.

Privacy Statement.
All information requested to be provided by you is for the sole purpose of providing services to you and collecting payment for such services. Personal Web Nutrition will not sell your personally identifiable information to anyone nor use any of this information for any purpose other than for the purposes of facilitating the electronic payment via a third-party contractor and purposes of providing personal services to you and, if necessary, to enforce these Terms and Conditions. Also, certain automatic recording of information by our web hosting service may occur, including information such as your IP address, cookie information and the pages of this website which you have visited. Personal Web Nutrition will make commercially reasonable efforts to maintain the confidentiality of personally identifiable information provided by you. However, you acknowledge that it may be necessary to disclose such information or portions thereof when required by law, when subject to a legal or administrative order or when we have a good faith belief that such action is necessary to comply with legal requirements or if legal process is served on Personal Web Nutrition.

Security.
Personal Web Nutrition utilizes a third-party web hosting company. Although precautions are taken to secure users’ information, Personal Web Nutrition cannot guarantee and hereby disclaims any liability in relation to, maintenance of such security.

Payment.
By continuing with your subscription you represent that you are acting on your own behalf and that all information you provide is truthful and accurate. You must ensure that all of your information is entered correctly and that sufficient sums are available on your credit card to cover the transaction. You must keep all billing information current including your billing address and the expiration date of your credit card. You may change your payment method or update billing information by sending an e-mail to info@personalwebnutrition.com. PERSONAL WEB NUTRITION IS NOT LIABLE FOR AND HEREBY DISCLAIMS ANY LIABILITY RELATING TO, PROCESSING OF YOUR CREDIT CARD TRANSACTION FOR PAYMENT OF SERVICE FEES. Personal Web Nutrition contracts with a third-party payment processor for the convenience of those choosing to utilize credit card payment. Personal Web Nutrition is not responsible for the actions of such third-party.

Cancellation and Refund Policy.
Personal Web Nutrition reserves the right to cease offering services at any time. You have the right to cancel any subscription or request for services at any time. To cancel services, e-mail info@personalwebnutrition.com with a subject heading of “Request for Cancellation of Services” and a description of the services which you choose to cancel or in writing as set forth in the “Notices” provision, below. You will receive an e-mail confirming receipt of your cancellation notice. Cancellation will be effective upon confirmation. Certain service offers may not be subject to a refund. Please consult the service offer under which you requested services for the terms of same. Cancellation will not alter or obviate your obligation to pay for all charges already made to your billing account nor for services provided prior to the date of cancellation.

Trial Offers.
Should you request services under a service offer which includes a trial or other similar free period of service, you must cancel the service by the end of the trial period to avoid incurring charges. If you do not cancel the service, your request for services will be automatically renewed under the then current pricing. In the absence of a valid cancellation, you authorize us to charge your credit card for such continued services.

Price Changes.
Pricing for certain services is charged on a periodic basis as set forth within this website. Should pricing change, new prices will appear in the service offers on this website and you will be notified by e-mail. Unless you cancel such services within thirty (30) days of the date of such e-mail notification, you hereby authorize Personal Web Nutrition to charge your credit card at the new price.

Notices.
Any notices to be provided by Personal Web Nutrition to you shall be provided by e-mail addressed to the e-mail address you provide in connection with your subscription following your agreement to these Terms and Conditions. Any notice by you shall be provided in writing, via mail to “Personal Web Nutrition, 17 Maple Drive, Great Neck, New York 11021.”

Prohibited Activities.
You hereby agree that, in connection with your use of this website and the services you are requesting from Personal Web Nutrition, you will not:
• transmit any content to Personal Web Nutrition or via this website that is in violation of law or which may infringe on any third-party’s right to privacy or intellectual property or other rights;
• impersonate any other person or entity or falsely identify or otherwise misrepresent yourself;
• take any action which threatens the integrity of this website and/or its availability to other users;
• violate any applicable law or regulation;
• reproduce, publish, copy, sell or otherwise exploit for commercial use any portion of this website or any information provided to you by Personal Web Nutrition.
• otherwise use the services provided on or via this website for any purpose which is not permitted by these Terms and Conditions.

Indemnification.
You agree to indemnify and hold harmless Personal Web Nutrition, its employees, officers and agents, from any and all claims arising from your request for services and use of the information and services provided in response to your request for services.

Modification.
Personal Web Nutrition reserves the right to modify these Terms and Conditions from time to time. You therefore should periodically review these Terms and Conditions for any changes.

Miscellaneous.
These Terms and Conditions constitute the entire agreement between you and Personal Web Nutrition relating to the subject matter hereof and supersedes any prior agreements or representations. These Terms and Conditions may be altered only as set forth in the “Modification” and “Price Changes” provisions, above, or in a single, separate writing signed by both you and Personal Web Nutrition. Failure of Personal Web Nutrition to exercise and enforce any right or provision of these Terms and Conditions or its delay in so enforcing, will not be a waiver of such right or provision. These Terms and Conditions are governed by the laws of the State of New York and the courts in the State of New York have sole and exclusive jurisdiction over any dispute related to these Terms and Conditions. If any provision of these Terms and Conditions is held to be illegal, unenforceable or void for any reason, then that provision shall be of no force and effect; however, that shall have no effect upon the enforceability of any other provision of these Terms and Conditions. No non-party shall be a third-party beneficiary under these Terms and Conditions. Your rights and obligations under these Terms and Conditions belong to you and may not be assigned by you to any third-party.

Reservation of Rights.
Personal Web Nutrition reserves the right to deny any request for services for any reason. Unless and until Personal Web Nutrition accepts your request for services and receives payment therefore, Personal Web Nutrition shall have no obligation to provide such services. Should Personal Web Nutrition provide requested services to you prior to payment by you, you will be liable for payment for such services. Any violation by you of these Terms and Conditions will entitle Personal Web Nutrition to immediately terminate these Terms and Conditions and your continued access to services via this website.
Unfortunately, Personal Web Nutrition services are not available to residents of the states of Alabama, Arkansas, District of Columbia, Florida, Georgia, Louisiana, Maryland, Montana, New Mexico, North Carolina, North Dakota, Ohio, Tennessee, and West Virginia, as well as residents of countries other than the United States.

Legal

The information and services provided on and via this site are not intended to replace medical treatment or treatment and services by other licensed healthcare providers, nor to diagnose, treat, cure or prevent any disease. The information and services provided via this site do not constitute medical advice and should not be used for self-treatment, self-diagnosis or as a substitute for medical advice. Consult your healthcare provider regarding all medical problems before embarking upon any major dietary change or nutrition plan and before starting any regimen of exercise. Nothing on this website nor any information provided via this website should be relied upon as a substitute for medical advice from a licensed healthcare provider.

Outcomes and experiences of select individuals may be described in different portions of this site. Prior results to do not guarantee a similar outcome. This website may include opinions relating to certain foods and brands. Those opinions are the personal opinions of Rachel Lerner only.

WE DISCLAIM, AND BY VIEWING AND UTILIZING THIS WEBSITE, THE VIEWER ACKNOWLEDGES THAT HEALTHY LIVING BY RACHEL, INC. D/B/A PERSONAL WEB NUTRITION DOES NOT HAVE, LIABILITY IN CONNECTION WITH ANY ACTIONS OR OMISSIONS BY THE VIEWER OF THIS WEBSITE BASED UPON ANY OF THE WEBSITE’S CONTENT OR INFORMATION OBTAINED VIA THIS SITE.

From time to time, we may include on this website information about certain products, studies, and other informational sources. However, due to rapid changes in the area of nutritional consulting, we can make no warranty or guarantee of any kind, either express or implied, concerning the accuracy or reliability of the content of this site. WE HEREBY DISCLAIM LIABILITY, AND BY VIEWING THIS SITE, EACH VIEWER AND SUBSCRIBER ACKNOWLEDGES THAT HEALTHY LIVING BY RACHEL, INC. D/B/A PERSONAL WEB NUTRITION SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM A VIEWER’S AND/OR SUBSCRIBER’S USE OR RELIANCE UPON THE INFORMATION INCLUDED IN OR PROVIDED THROUGH THIS SITE.

Each subscriber is solely responsible for all information and omissions in information provided in connection with his/her subscription. Each subscriber agrees to indemnify, defend and hold harmless Healthy Living by Rachel, Inc. d/b/a Personal Web Nutrition, its officers, directors and employees from all claims (including attorney’s fees and costs and expenses of defending against such claims) arising from or alleged to arise from any action or failure to act by the subscriber based upon information provided on or via this site or as a result of the subscription, as well as from the subscriber’s negligent or willful misconduct and/or provision of false or incomplete information in the nutrition assessment or otherwise.

We may provide links to websites of certain organizations and other third-party sites for the convenience of viewers and subscriber’s of this website. We do not screen nor monitor, and make no representation, warranty or endorsement whatsoever concerning, the content of such websites. We have no liability to any viewer and/or subscriber for use of links to such websites.

Each subscriber certifies that s/he is at least eighteen (18) years old and legally authorized to enter into a contract for the services to be provided via this website.

Healthy Living by Rachel, Inc. d/b/a Personal Web Nutrition is based in the State of New York, United States of America. We make no claim that Healthy Living by Rachel, Inc. d/b/a Personal Web Nutrition, or any information within this website, as well as the website itself are appropriate or may be downloaded outside of the United States. Access to content of this website may not be legal by persons in the States of Alabama, Arkansas, District of Columbia, Florida, Georgia, Louisiana, Maryland, Montana, New Mexico, North Carolina, North Dakota, Ohio, Tennessee and West Virginia, or in any area outside of the United States. Any viewer who accesses this site from any such State or area outside of the continental United States does so at his or her own risk and we hereby disclaim any liability for such access.

The subject matter of these legal provisions, as well as the entire site, is governed by the laws of the State of New York and by viewing this website or becoming a subscriber, each viewer and/or subscriber agrees to the personal jurisdiction of the courts within the State of New York with regard to any issue concerning this site or information provided via this site.

“Personal Web Nutrition” and “Nutrition to Fit Every Body” are trademarks of Healthy Living by Rachel, Inc. The content and the design of this site are the property of Health Living by Rachel, Inc. d/b/a Personal Web Nutrition. Unauthorized downloading or reproduction of any portion of this site or any information or images contained herein are strictly prohibited.

 
 
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