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Terms & Conditions

Welcome to Cancer Nutrition IQ. Please read the terms and conditions carefully, as they affect your legal rights

By accessing or using the websites, mobile applications, or blogs, as well as our various social media interactive pages (collectively, the “Sites”) provided by Cancer Nutrition IQ or other affiliates (collectively, “NutriQuest, Inc.,” “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein. If you don’t agree to these Terms, please do not use the Sites, take the assessment, or order the report or consultation services made available through the Sites (collectively, the “Services”).

A. DISCLAIMER

  1. You agree to hold harmless Cancer Nutrition IQ, equity holders, affiliates, and representatives, from and against all actual or alleged Cancer Nutrition IQ party or third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including but not limited to damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content, or Services, (b) any User Content you create, post, share, or store on or through the Sites, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, or (f) any third party’s use or misuse of the Sites or Services provided to you. You agree to promptly notify Cancer Nutrition IQ of any third-party claims and cooperate with Cancer Nutrition IQ in defending such claims.
  2. You agree that the affiliate products and services recommended on the Sites may not be available in every location and reference to such does not imply or guarantee that it is or will be available in your location. We reserve the right to modify any and all content at any time without prior notice and without obligation or liability to you.
  3. Cancer Nutrition IQ is not liable for any indirect, incidental, consequential, or punitive damages of any kind, including financial or health-related losses. Users are encouraged to seek the advice of their health care team prior to beginning any recommendations contained herein.

B. TERMS OF USE

  1. Description and Use of the Platform

Cancer Nutrition IQ provides a free assessment with checklist and a comprehensive and cell specific protocol in the form of a Personalized Plan. Through our platforms, including our website www.cancernutritionIQ.com  (the “Website”), mobile application and interaction by telephone, e-mail, chat or other media with Dr. Kim Dalzell and other nutritionists that provide a link to this privacy policy (collectively, the “Platform”), we offer health and wellness recommendations based on information you provide through our Platform.

  1. Eligibility

The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Sites, (c) have not engaged in any activity that could result in suspension or removal from the Sites, (d) do not have more than one Cancer Nutrition IQ account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

  1. Community Rules

Cancer Nutrition IQ’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Sites or the Platform, you hereby agree to comply with these community rules and that:

  • Subscribers must be at least 18 years old and capable of entering into binding contracts;
  • You will not use the Sites or the Platform for any unlawful purpose;
  • Subscribers may not use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company.
  • You will not upload, post, e-mail, transmit, or otherwise make available any User Content that:
    • is false, deceptive, misleading, deceitful, or misinformative;
    • infringes any copyright, trademark, trade secret, right of publicity, or other proprietary rights of any person or entity;
    • is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
    • discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information;
  • You will not access or use the Sites or the Platform to collect any market research for a competing business;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
  • You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Sites or Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Sites or the Platform; and
  • You will not interfere with or attempt to interrupt the proper operation of the Sites or the Platform through the use of any virus, device, information collection or transmission mechanism, software, or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data.

Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we will review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Services, without notice, and remove any User Content that does not adhere to these guidelines.

  1. Account and Communication Preferences

In order to access and use certain areas or features of the Sites, you will need to register for a Cancer Nutrition IQ account. By creating an account, you agree to (a) provide accurate, current, and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.

By creating a Cancer Nutrition IQ account, you also consent to receive electronic communications from Cancer Nutrition IQ (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. We may also send you promotional communications via email, including, but not limited to, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  1. Users are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify the Company immediately if they suspect unauthorized access to their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
  2. Refer a Friend/Family Member

Cancer Nutrition IQ may offer a promotional discount toward the purchase of a Personalized Plan when you refer friends, as offered on the Website located at www.cancernutritionIQ.com. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, and family members. By submitting any email address as part of a promotional program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. The Company has no obligation to monitor the promotional program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the promotional program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the promotional program against any liabilities, costs, and expenses it incurs as a result of such spam.

The personal information collected, processed, and used as part of the promotional program will be used in accordance with our Privacy Statement, which is available by link on the Website.

The referral offer is valid only for intended email recipients, and cannot be combined with additional offers when available. Terms, conditions, features, availability, pricing, fees, service, and support options are subject to change without notice.

Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered, or sold.

Your referral link may be shared only via email, Linked In, Facebook, or Instagram using the share experience on www.cancernutritionIQ.com referral. It cannot be posted on any other public forums.

We reserve the right to cancel, modify, or terminate the promotional program at any time for any reason. We reserve the right to disqualify any User (defined below) at any time from participation in the promotional program if he/she does not comply with any of these Terms.

 

C. TERMS OF PURCHASE

  1. Services

Services. Cancer Nutrition IQ Subscribers receive access to an online set of modules (Personalized Plan).

WHEN YOU REGISTER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) CANCER NUTRITION IQ, CHALLENGE CANCER, NUTRIQUEST, INC., (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTOMATICALLY AUTHORIZED TO CHARGE YOU. YOU ACKNOWLEDGE AND AGREE THAT CANCER NUTRITION IQ WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR OTHER PAYMENTS WITHOUT YOUR EXPRESS CONSENT.

  1. Cancellation Policy. YOU MAY CANCEL ACCESS TO YOUR PERSONALIZED PLAN OR CONSULTATION PRIOR TO REVIWING THE MATERIAL BY EMAILING US AT INFO@CANCERNUTRITIONIQ.COM.

In the event you cancel your order, please note that we may still send you promotional communications about Cancer Nutrition IQ, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

  1. Gifts. You have the ability to purchase a Personalized Plan for other people through the Sites (“Gifts”). Please visit the Gifts page on our Website.

When you purchase a Gift, we will send an email to the Gift recipient that can be used to redeem the Gift. The Gift recipient will be required to create a Cancer Nutrition IQ account in order to access the Sites and redeem the Gift. Gifts are not refundable or redeemable for cash, unless otherwise required by applicable law.

  1. Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.

You acknowledge that the amount billed may vary due to promotional offers or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.

  1. No Resale

You are not permitted to duplicate any information, resell or otherwise use the Services for commercial or healthcare professional purposes.

  1. Refunds

If you are dissatisfied with Services related to the Personalized Plan, please contact us at info@cancernutritioniq.COM within three (3) days of the date you logged in to access the information. A representative will contact you to resolve any issues of dissatisfaction. Refunds may be issued on a case-by-case basis.

We are not responsible for the validation of the address provided at checkout and will not provide returns, refunds or replacement orders for address errors provided at checkout beyond three (3) days of the first order.

D. TERMS OF CONTENT/DESIGN USE

  1. Use of Content. The Site’s content and other materials contained therein, including, without limitation, the Cancer Nutrition IQ logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Cancer Nutrition IQ and are protected by U.S. and international copyright laws.

You are granted access to the Site and Content. However, that access is subject does not include a right to (a) sell, resell, or use commercially the Sites or Content, (b) distribute, publicly perform, or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots, or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.

You may link to the Site for noncommercial purposes, provided that such link does not connect Cancer Nutrition IQ or any of our Services to any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use the Cancer Nutrition IQ logo or other proprietary graphics or images to link to the Sites without our express written permission.

  1. Cancer Nutrition IQ accepts no responsibility for the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes, or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement, or adoption of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies are no longer applicable. You are responsible for reviewing the applicable terms and policies, including privacy and data gathering practices, of any third-party website to which you navigate from the Sites.
  2. Product/Service Recommendations. We may display affiliate products from third parties through the Sites. You acknowledge and agree that your interactions with affiliate companies and their products are solely between you and such third parties, and that Cancer Nutrition IQ is not responsible or liable in any manner for such interactions or third-party content.
  3. User content. The Sites may include interactive features and areas that allow users to create, post, share, or store content, including but not limited to, reviews, photos, sound, text, graphics, code, items, or other materials (collectively, “User Content”). In the event you decide to share your User Content with others through the Sites or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Sites. By using the interactive features and areas of the Sites, you further agree not to create, post, share, or store any of the following:
  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
  • User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;
  • User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • User Content that contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
  • User Content that impersonates, or misrepresents your affiliation with, any person or entity;
  • User Content that references or depicts Cancer Nutrition IQ or our Services but fails to disclose a material connection to us, if you have one (for example, if you are a Cancer Nutrition IQ affiliate or health care professional partner;
  • User Content that contains any unsolicited promotions, political campaigning, advertising, or solicitations;
  • User Content that references irresponsible alcohol consumption or illegal drug use, such as references to overconsumption or use by minors;
  • User Content that contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
  • User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Services, or that may expose Cancer Nutrition IQ or others to any harm or liability of any type.

We are not responsible or liable for any User Content. Although we have no obligation to screen, edit, or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.

  1. User Content Rights. We do not own your User Content. However, by uploading, posting, or submitting User Content to the Sites, including to our pages or feeds on third party social media platforms, you hereby grant Cancer Nutrition IQ a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display your User Content, in whole or in part, and your name, likeness, voice in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic, and other commercial and noncommercial purposes.

By uploading, posting, or submitting User Content to Cancer Nutrition IQ through the Sites, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Cancer Nutrition IQ to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation, or third-party right.

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