Terms and Conditions
Last updated: September 21, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.foodisfuelnyc.com website (the "Service") operated by Food is Fuel NYC, LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
Return Policy
All sales from www.foodisfuelnyc.com are final. We don't ask that clients sign a commitment, unless otherwise specified, though we do ask that you respectfully give 30 days notice for any discontinuation of month-to-month service. Nutrition counseling is not a one size fits all approach, and transformations (i.e. weight loss, muscle gain, body fat loss, blood sugar control, etc) cannot be predicted nor promised despite being discussed or evaluated utilizing predictive equations (i.e. Mifflin St Jeor or Katch McKardle equations) to outline expectations over time. Most clients can see progress in the first 1-3 months though many clients require 6-9 months to see sustainable changes and transformations. All refunds are discretionary as determined by Food is Fuel NYC, LLC
Cancellation & Rescheduling Policy
At the time of purchase of your service either Premium In Person, Premium Online, or Email Accountability, you have instant access to the Members Only area of www.foodisfuelnyc.com and at that time it is your responsibility schedule your Initial Accountability Session via the Calendly link https://calendly.com/ryanturnerfoodisfuelnyc/initial-accountability-session. Weekly accountability check ins are expected and agreed to at the time of purchase, this is not only to provide you with accountability and a chance to discuss any positive takeaways and challenges, and to continue progressing toward your goal, but also for Ryan Turner, RD, CSSD, CDN to understand how to best serve you. Though it will be discussed each appointment and you will likely be prompted and reminded to do so, it is your responsibility to schedule your weekly accountability check ins via Members Only area of www.foodisfuelnyc.com where you can find the Calendly link https://calendly.com/ryanturnerfoodisfuelnyc/accountability-check-in. Please provide at least 24 hours notice for any rescheduling of appointments. We understand some circumstances are out of our control, sickness happens, work becomes busy, and family matters need to be taken care of, however if rescheduling less than 24 hours please know we will do our very best to find a time that works for both parties, but cannot be promised. If a weekly appointment is not scheduled for any reason or a weekly appointment is missed (i.e. no show, no answer to a phone call, or rescheduled less than 24 hours in advance) at the scheduled time, rescheduling is discretionary as determined by Food is Fuel NYC, LLC.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Food is Fuel NYC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Food is Fuel NYC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Food is Fuel NYC
Food is Fuel NYC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Food is Fuel NYC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Food is Fuel NYC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Food is Fuel NYC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Food is Fuel NYC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.