TERMS & CONDITIONSWelcome to our website ("Site"). We maintain this Site as a service to our customers. For purposes of these Terms & Conditions, the terms "we," "us," our" and "PrePak" refers to PrePak Products, Inc., a California corporation, doing business as, Nutrimirror.com ("NutriMirror®"), and "you" and "your" refers to you, as a user of our Site (including nutrimirror.com and NutriMirror's Empowerment28 program).
THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND PREPAK PRODUCTS, INC. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING TO CREATE YOUR ACCOUNT. BY CLICKING ON THE "YES, I ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE "YES, I ACCEPT" BUTTON AND DISCONTINUE YOUR REGISTRATION.
This Agreement may be amended or modified at any time. If you access or use the Site after we post a change, you accept that change. If you do not accept the change, do not access or use the Site. You should check these Terms & Conditions periodically. Your continued access or use of the Site after the modifications have become effective shall be deemed Your conclusive acceptance of the modified terms.
Membership Is Free
All new and/or prospective members have FREE unlimited access to NutriMirror® and Empowerment28. The FREE site is made possible through paid sponsorships and advertising.
We Do Not Endorse Products, Services, or Companies
The fact that products or services are advertised and/or sold on our site is not an endorsement of those products, services, or sponsoring companies.
We Don't Share Identifying Information About You
We may share anonymous, aggregated statistical and demographic information with advertisers. However, shared information cannot be linked to you individually.
Always consult a physician before starting any new program or changing your diet. Information found on this Site is meant to support and not replace the relationship with your physician or healthcare professional. This Site is intended for people age 18 and over and who are not suffering from any serious medical conditions. The instructions and advice presented are in no way intended as a substitute for medical or psychological counseling. If you are pregnant or suffer from medical conditions including, but not limited to, diabetes, high blood pressure, and heart disorders, you are expressly forbidden from using our Site unless such use is under the direct supervision of your Doctor or other licensed health care professional. You hereby represent and warrant to us one of the following (i) that you are not pregnant and not suffering from any serious medical conditions; or, (ii) if pregnant or suffering from eating disorders or other medical conditions, that your use is under the direct supervision of your Doctor or other licensed health care professional.
If you suffer from anorexia nervosa, bulimia or related eating disorders, you are expressly forbidden from using our Site unless such use is under the direct supervision of your Doctor or other licensed health care professional. You hereby represent and warrant to us one of the following (i) that you are not suffering from anorexia nervosa, bulimia or related eating disorders; or (ii) if suffering from such eating disorders, that your use is under the direct supervision of your Doctor or other licensed health care professional.
We collect date of birth information from members in order to provide age-based calorie and nutrition recommendations on NutriMirror®. We therefore limit membership to those 18 years of age or older. No minors may use or access the Site. YOU AGREE THAT BY USING THE SITE OR THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
This Site may contain links to other websites ("Linked Sites"). NutriMirror® does not operate or control any information, products or services on the Linked Sites, and neither endorses nor approves any products or information offered at Linked Sites. Linked Sites are used at your own risk.
Unless otherwise noted, all materials, including images, graphics, illustrations, design, icons, photographs, data, text and other materials that are part of this Site (collectively the "Contents") are copyrights, trademarks and/or other intellectual properties owned, controlled or licensed to or by PrePak. This Site as a whole is protected by copyright and trademark, all worldwide rights, titles and interest in and to which are owned by PrePak. This Site and its contents are controlled and operated by PrePak from its offices in Oceanside, California.
Subject to your performance of all of the provisions of this Agreement, PrePak grants you a limited, terminable, personal, non-exclusive license to access and use the Site solely as provided herein and not to download (other than page caching) or modify the Site or any information or data therein. You may use the Site to browse the NutriMirror® services, to request additional information from and to communicate with us. You may not use any part of this Site for commercial or resale use: this includes, but is not limited to, logos, images, text, and data. You may not use data mining, robots, or similar data gathering and extraction tools. The contents of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PrePak. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NutriMirror™ without express written consent. You may not use any meta tags or any other "hidden text" utilizing the NutriMirror® name or trademarks without the express written consent of NutriMirror®. Any unauthorized use terminates the permission or license granted by NutriMirror®. You are granted limited, revocable, and nonexclusive right to create a hyperlink to the home page of NutriMirror® so long as the link does not portray NutriMirror™ or its products and services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any NutriMirror® logo or other proprietary graphic or trademark as part of the link without express written permission. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with PrePak. We will not be liable for any loss or damage arising from your failure to comply with these terms. Your right to use the Site is not transferable.
Please note that the permission granted herein terminates automatically if you breach any of these Terms & Conditions. Any other use of the Contents on this Site including reproduction, modification, distribution, or replication may violate copyright or trademark laws, and, without the prior written permission of PrePak is strictly prohibited.
None of the other material on our Site may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of PrePak. All downloadable information, if any, are provided solely for your personal evaluation use and you may not distribute, reproduce, republish or otherwise copy them or alter them in any way. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of PrePak or any third party.
You will use the Site in accordance with all applicable laws. PrePak may, without notice, terminate your access to the Site or take other actions as are reasonably necessary to comply with legal requirements and as necessary to protect PrePak's networks, information and the security and integrity of the Site.
You shall not engage in unacceptable use of the Site, which includes, without limitation, use of the Site to: (a) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (b) misrepresent or otherwise attempt to mislead any person as to your information or otherwise engage in fraudulent or deceptive conduct; (c) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network or to portions of the Site that are restricted; (d) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; or (e) engage in any other activity deemed by PrePak to be in conflict with the spirit or intent of this Agreement.
You are responsible for obtaining, installing and maintaining your own internal equipment and communications services necessary to access and use the Site. You shall be solely responsible for any telephone charges, Internet access fees, and other such similar fees and expenses that you incur by accessing the Site.
You agree to indemnify, defend, and hold harmless PrePak and its related companies, and their respective directors, officers, employees, and agents, from and against all losses, expenses, damages, and costs, including reasonable attorney fees, arising out of or relating to access to or use of the Site by You or any other person accessing the Site using your user login credentials. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Waiver, Release and Limitation of Liability
You agree that neither NutriMirror®, nor its affiliates, employees, consultants or information providers shall have any liability to you under any theory of liability or indemnity in connection with the use of our online self monitoring tool, or hard copy printed equivalent. You hereby release and forever waive any and all claims you may have against NutriMirror®, its affiliates, employees, consultants or information providers. NutriMirror® shall not hold any liability for loss of personal data entered by you due to hardware failure, software failure, user error, or acts of god.
THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PREPAK SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION OR SERVICE ACCESSED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PREPAK THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND. PrePak is not responsible for the contents of any Linked Sites or any link contained in a linked site, or any changes or updates to such Linked Sites.
PREPAK'S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. PREPAK SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THESE TERMS & CONDITIONS, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, THE RESULTS GENERATED FROM THE USE OF THIS SITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. Notwithstanding the foregoing, because some jurisdictions do not allow for the exclusion or limitation of liability to the full extent described above, some of these exclusions may not apply to you. If these limitations or exclusions are held to be invalid or unenforceable for any reason, the maximum collective liability of PrePak, its officers, directors, employees, and agents, if any, for losses or damages shall not exceed $100. In no event shall PrePak, its officers, directors, employees, and agents be liable to you for any losses or damages greater than the amount referred to above.
You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use the Site and the Services in accordance with this Agreement. PrePak makes no claim that the Site or the Services may be lawfully viewed or accessed outside of the United States. Together with any other written contract, this Agreement comprises the entire agreement between you and PrePak and supersedes all prior agreements between the parties regarding the subject matter contained herein. This Agreement shall be governed in all respects by the substantive laws of the state of California, without regard to its provisions relating to conflict of laws. You and PrePak agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within the county of San Diego, California. The failure of PrePak to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. You agree not to assign or transfer any of your rights or obligations under this Agreement. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
MARKING THE CHECKBOX IN THE MEMBERSHIP SIGN-UP FORM TO AGREE TO THESE TERMS OF SERVICE WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS & CONDITIONS IN ORDER TO CREATE AN ACCOUNT AND USE THE SERVICE. I have read and agree to these Terms of Service.