Terms of Service Agreement
Step Forward Nutrition & Wellness LLC (“Step Forward Nutrition”) gives users the ability to obtain dietary information from a Registered Dietitian (“RD”) upon submission of the users’ dietary information to the Website (collectively, the “Submissions”). Upon use of the Website, you agree that all such transactions will be governed by Step Forward Nutrition’s Terms of Sale and other Agreements, as stated below. In addition, you must agree to abide by the following terms in order to use the Services, or be subject to termination of Services by Step Forward Nutrition.
BY SETTING UP AN ACCOUNT, OR BY USING STEP FORWARD NUTRITION’S WEBSITE, YOU UNCONDITIONALLY INDICATE THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
1. Describe How Agreement is Effectuated
We receive your initial membership payment when you register for an account with Step Forward Nutrition. Payment must be tendered in the form of a valid credit or debit card and the registered address must be identical to your billing address. Upon any changes in the monthly subscription fee, you will be notified by Step Forward Nutrition and charged with the new subscription fee upon the next billing cycle.
To ensure that your credit, debit or charge card is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases, however, Step Forward Nutrition is not obliged to ensure the safety of your financial information. By accepting these Terms and Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. This is done only to confirm your identity, a credit check is not performed and your credit rating will be unaffected.
By electronically submitting any form of payment to Step Forward Nutrition, you agree to adhere to Step Forward Nutrition’s Terms of Service. You may need to set up an account in order to use some of the features of our Services. You may not use someone else's account without permission. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else's name or contact information, or a phony name, or phony contact information.
You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.
2. Step Forward Nutrition does not provide Medical Advice
The information provided by a Step Forward Nutrition RD in response to your Submission is strictly for educational purposes only. The information is not intended to be a substitute or supplement to professional medical advice. Please consult a physician before using Step Forward Nutrition’s Services. You should always consult your healthcare provider to determine the appropriateness of the information for your own dietary needs or if you have any questions regarding a medical condition or treatment plan. This site is not designed to, and does not provide, medical advice, professional diagnosis, opinion, treatment, or services. Do not use Step Forward Nutrition’s Services if you have any medical issue that is affected by your diet.
3. Cancelling, Rejecting, Suspending and Terminating Transactions
If Step Forward Nutrition receives your Submission, we nevertheless reserve the right to, in our sole discretion, for any reason or for no reason: (a) decline to respond to your Submission, (b) respond to some of your Submissions but not others, or (c) decline to respond to any of your Submissions.
4. Limitation of Liability
You hereby expressly agree to limit Step Forward Nutrition’s responsibility, obligation and/or liability to the lesser of (a) $1,000, or (b) the cost of your membership, for any and all damages, claims or actions related to, or arising out of, any transaction or occurrence subject to, or referenced in, the Agreements. You also hereby expressly agree to release, indemnify, defend and hold Step Forward Nutrition harmless for any such amounts over the lesser of (a) $1,000, or (b) the cost of your membership.
You hereby acknowledge and agree that the foregoing limitation, release and waiver precludes, inter alia, incidental, special, indirect, consequential, or punitive damages or loss of profit or opportunity for any claims, demands or actions brought by you, or on your behalf, including any subrogation claim brought by your insurance carrier. You expressly and specifically waive any subrogation claim on your behalf as well as on behalf of your insurance carrier.
You hereby acknowledge and agree that:
A. You have provided us your accurate email address, physical address, and telephone number, and that it is your responsibility to provide us with current or updated contact information.
B. You are irrebuttably presumed to have received, and to have actual knowledge of (a) any electronic communication directed to you (such as notices posted on the Website), and (ii) any email message sent to an email address that you have provided to us.
C. You are irrebuttably presumed to have received, and to have actual knowledge of, any message left at a phone number you have provided to us. Such messages include, inter alia, voicemails, messages left with anyone answering that phone number, or otherwise.
6. About this Agreement
You acknowledge and agree that this Agreement, and all the Agreements, are in electronic form and has the same force and effect as a written agreement with original signatures from all parties. In this Agreement, the term “you” or “your” means an individual or entity exercising rights under this Agreement, and the term “Step Forward Nutrition,” “we” or “us” means Step Forward Nutrition and its affiliates and subsidiaries.
In order to complete the transaction with Step Forward Nutrition, you must:
A. Create an account with us, which you do by submitting contact and payment information to us via the Website;
B. Provide true, up to date and accurate account information about yourself and any Item;
C. Comply with all terms and conditions of this Agreement;
D. Comply with all applicable laws and regulations;
E. Transact on behalf of yourself and not on behalf of others; and
F. Have the legal capacity to enter into agreements
8. Accuracy of all Information.
Step Forward Nutrition makes every effort to ensure the accuracy of all information you receive in relation to your Submissions. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions, incomplete, or outdated information. As such, Step Forward Nutrition reserves the right, at any time, to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Step Forward Nutrition does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
10. Electronic Notices and Transactions.
You agree to transact with us electronically. This means you agree to accept and terms and conditions and to conduct any transaction of your Submissions with us by electronic means. You authorize us to send you important notices by electronic means, including notices about the Website and any transactions. Such electronic means can include sending messages to the email address you provide, or posting a notice on the Website. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website.
11. Entire Agreement/No Waiver.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by Step Forward Nutrition of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Step Forward Nutrition reserves the right to modify this Agreement, or any related Agreements, at any time. If you do not agree to the changes, you must discontinue using the Step Forward Nutrition Websites and/or the Services before the changes take effect. Your continued use of Step Forward Nutrition after any such changes take effect constitutes your acceptance to such changes. Each time you deliver a Submission to Step Forward Nutrition, you reaffirm your acceptance of this Agreement. You are responsible for regularly reviewing periodically this Agreement, located at www.stepforwardnutrition.com/legal The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.
13. Applicable Law and Venue.
THIS AGREEMENT, THE OTHER AGREEMENTS LOCATED AT WWW.STEPFORWARDNUTRITION.COM/LEGAL, AND THESE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR ITEMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH MISSOURI LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE OTHER AGREEMENTS, WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN SAINT LOUIS MISSOURI, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.
14. Integration and Incorporation