ASTG_IIN2016

Heritage Terms of Use



1.         Acknowledgment and Acceptance of Terms of Use

Integrative Nutrition Inc. d/b/a Institute for Integrative Nutrition (“IIN”) has partnered with American Spirit Technology Group (“ASTG”) to offer graduates of the IIN Health Coach Training Program (“HCTP”) the use of certain information, data, communications, software, photos, video, graphics, music, sounds, or other material, original content, or services created, owned, or provided by IIN (“IIN Content”) for use on website design platforms hosted by ASTG (the “Service”). 

The Service is available to all graduates of IIN’s HCTP (“Users” or “You”), subject to certain limitations as set forth below in Paragraph 2 - “Description of Service.”

IIN reserves the right to update and change the terms, conditions, or notices contained herein (the “Terms of Use”) without notice.  By using the Service, You signify Your acceptance of these Terms of Use.  If You do not accept these Terms of Use, do not use the Service.    

2.         Description of the Service

The Service allows Users to register for one (1) of four (4) different packages: the Heritage Package, Basic Package, Standard Package, and Prime Package (collectively, the “Packages”).  All Users have the ability to register for any of the Packages, except the Heritage Package, which is available only to graduates of IIN’s October 2014 HCTP course or of an earlier IIN HCTP course.  Each Package provides access to a website design platform hosted by ASTG and the use of certain IIN Content on the website.   

3.         Registration, Data and Privacy

To register for the Heritage Package, You must complete the form available at: http://integrativenutrition.liveeditaurora.com/heritage.  To register for the Basic Package, Standard Package, or Prime Package, You must complete the form available at: http://integrativenutrition.liveeditaurora.com/upgrade-request.  The data you enter into the aforementioned forms (“Registration Data”) is subject to IIN’s Privacy Policy, which is available at https://students.integrativenutrition.com/PrivacyPolicy.aspx, and which is incorporated into these Terms of Use.  You are responsible for maintaining the confidentiality of Your Registration Data and for providing accurate, current and complete Registration Data.  IIN reserves the right to terminate or suspend Your use of the Service and IIN Content if You provide inaccurate, outdated, or incomplete Registration Data.   

4.         Fees

All of the Packages, except the Heritage Package, require You to pay monthly fees (the “Fees”) to ASTG for the use of the Service.  Information relating to the Fees required for each Package is available at: http://integrativenutrition.liveeditaurora.com/pricing.  You should also consult the ASTG “Content Guidelines” available at: http://integrativenutrition.liveeditaurora.com/terms-and-conditions for more information relating to Fees.        

5.         Conduct

You hereby acknowledge and agree that Your use of the Service and IIN Content is subject to these Terms of Use and all other applicable laws and regulations.  You are responsible for all content, other than IIN Content, that You upload, post, transmit or otherwise make available on Your website (“Your Content”).  IIN does not control Your Content.  IIN reserves the right to suspend or terminate Your use of the Service or IIN Content, at any time and for any reason, including, but not limited to, the appropriateness of Your Content, improper conduct, poor financial standing, copyright or trademark infringement, or violations of these Terms of Use or of any other agreement between You and IIN.      

6.         Intellectual Property

You hereby acknowledge and agree that all IIN Content is the sole property of IIN and may be protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.  You are permitted to use IIN Content only as expressly authorized by IIN, subject to these Terms of Use.  You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any IIN Content, in any form or by any means, without prior written permission from IIN.  You hereby acknowledge and agree that the unauthorized use of IIN Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.  IIN does not warrant or represent that Your use of the Service or IIN Content will not infringe upon the rights of third parties.    

7.         Disclaimer of Warranties

THE SERVICE AND ALL IIN CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. SUBJECT TO AND WITHOUT LIMITING THE FOREGOING, IIN MAKES NO WARRANTY THAT: (A) THE SERVICE OR IIN CONTENT WILL MEET YOUR RESPECTIVE REQUIREMENTS; (B) THE SERVICE OR IIN CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR IIN CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE.

THE SERVICE AND IIN CONTENT COULD INCLUDE TECHNICAL AND OTHER MISTAKES, INACCURACIES, AND TYPOGRAPHICAL ERRORS.  YOUR USE OF THE SERVICE AND IIN CONTENT IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING THEREFROM. 

IIN MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH, THE SERVICE.  ALL SUCH TRANSACTIONS ARE CONDUCTED AT YOUR OWN RISK.  ANY WARRANTY PROVIDED IN CONNECTION WITH PRODUCTS, SERVICES, MATERIALS, OR INFORMATION OFFERED BY A THIRD PARTY THROUGH THE SERVICE IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY IIN.

SOME STATES AND JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL USERS.

8.         Limitation of Liability

YOU HEREBY ACKNOWLEDGE AND AGREE THAT IIN SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SERVICE, IIN CONTENT, OR ANY RELATIONSHIP BETWEEN YOU AND IIN.  YOU FURTHER ACKNOWLEDGE AND AGREE THAT, THE MAXIMUM RECOVERY ALLOWABLE BY YOU AGAINST IIN SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICE FOR THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE DISPUTE BETWEEN YOU AND IIN. 

SOME STATES AND JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL USERS.

9.         Indemnification

You shall indemnify, defend, and hold harmless IIN and its affiliates, officers, directors, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses, of whatever kind (including attorneys' fees), arising out of or resulting from these Terms of Use, the Service, IIN Content, or any relationship between You and IIN.

10.       International Use

Although the Service and IIN Content may be accessible worldwide, IIN makes no representation that the Service or IIN Content is appropriate or available for use in locations outside the United States.  Users who use the Service or IIN Content outside the United States shall do so at their own risk and are solely responsible for compliance with local laws.  Offers for products, services, or information made in connection with the Service or IIN Content are void where prohibited.

11.       Termination

You hereby acknowledge and agree that IIN may alter, suspend, or terminate the Service or IIN Content, at any time, without notice, and for any reason.  IIN shall not be liable to You for any claims or damages arising out of the alteration, suspension, or termination of the Service or IIN Content.

12.       Governing Law

You hereby acknowledge and agree that the laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all disputes arising out of or relating to these Terms of Use, Service, IIN Content, or any relationship between You and IIN.  You further acknowledge and agree to submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the County of New York, State of New York, with respect to such matters.

13.       Arbitration

THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION WAIVER.

ALL DISPUTES BETWEEN YOU AND IIN ARISING OUT OF OR RESULTING FROM THESE TERMS OF USE, THE SERVICE, IIN CONTENT, OR ANY RELATIONSHIP BETWEEN YOU AND IIN, SHALL BE SUBMITTED TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION.  ANY ARBITRATION COMMENCED BETWEEN THE PARTIES MUST BE FILED IN NEW YORK COUNTY, NEW YORK.  YOU ACKNOWLEDGE AND AGREE THAT CERTAIN LEGAL RIGHTS WILL BE FORFEITED, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION LAWSUIT.  ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR IIN MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION WITH OR AGAINST OTHERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS.  YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE ARBITRATOR SHALL NOT BE EMPOWERED TO AWARD SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, AND THAT THE MAXIMUM RECOVERY ALLOWABLE BY YOU AGAINST IIN SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICE FOR THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE DISPUTE BETWEEN YOU AND IIN.  RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org.  IF YOU INITIATE AN ARBITRATION CLAIM, YOU MUST SERVE NOTICE ON IIN BY REGULAR AND CERTIFIED MAIL (RETURN RECEIPT REQUESTED) AT THE FOLLOWING ADDRESS: LEGAL DEPARTMENT, INTEGRATIVE NUTRITION INC., 245 5TH AVENUE, 8TH FLOOR, NEW YORK, NY 10016.  IF IIN INITIATES AN ARBITRATION CLAIM, IT SHALL NOTIFY YOU AT THE ADDRESS PROVIDED BY YOU IN THE REGISTRATION DATA. 

14.       Notices

All notices shall be in writing and shall be made via email or conventional mail.  Email notices to IIN must be sent to support@integrativenutrition.com.  Conventional mail notices to IIN must be sent to Integrative Nutrition Inc., 245 Fifth Avenue, 8th Floor, New York, NY 10016.  Notices to You may be sent to the address provided by You in the Registration Data.

15.       Entire Agreement

These Terms of Use constitute the entire agreement and understanding between You and IIN concerning the Service and IIN Content.  These Terms of Use may not be altered, supplemented, or amended without IIN’s written consent.

16.       Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorney's fees.  Any cause of action brought by You against IIN must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign Your rights or obligations under these Terms of Use to any party, and any attempt to do so will be null and void.  IIN may freely assign its rights and obligations under these Terms of Use.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by IIN to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that provision or right.