Terms of Service

Terms of Service

As of February 01, 2021

Welcome to the RCA Nutrition Site/Service (hereunder, “RCANUTRITION”, “RCA Nutrition”, “Site”, “we”, “us” or “our”).

The present terms and conditions (“the Terms”), apply both to our website and our Services in addition to completing our Privacy Policy. The words “Services” or “Members” refers to the RCA Nutrition membership services and those individuals (“you”, “your”) who have expressed interest in the Service requesting an invitation and/or creating an account, or those signed up for such service, respectively. The word “Site” and “software” refers to the RCA Nutrition website. Your access to and use of the Services and Site are subject to the Terms and all applicable laws. We reserve the right, at our sole discretion, to modify or replace any part of the Terms. It is your responsibility to check the Terms periodically for changes. Any future services and/or features offered through our Site shall be subject to these Terms. By accessing and using the Services or the Site you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services and Site.

If you find anything in the Site that you believe violates our Terms of service, please report it to [email protected]

Our Service

RCA Nutrition provides nutritional advice, digital downloads, and courses that helps you improve your nutrition. We strive to create content that is of the utmost interest to our community and customers. This is not to be taken as medical advice. Please always consult your physician before taking on any new diet or lifestyle practice. You are responsible for ensuring you have all of the necessary technology required to access our software. Refunds will not be offered based on your technical issues. We will not be liable for any technical issues beyond the steady serving of our own website. To sign up for RCA Nutrition membership, we require that you provide us with your email address and certain demographic information. You have allowed us to access this information before using the Service. The Service is a recurring membership and by signing up, you authorize RCA Nutrition to charge your credit card every month, based on your selected membership plan and will continue until you terminate your services us by contacting RCA Nutrition.

Payments & Refunds

RCA Nutrition offers one time, monthly, and multi-month options. When you sign up for one of these options, you are committing to the term you have chosen. Monthly and mult-month options are billed on a recurring basis. At the end of your term, we will automatically bill the card we have on file for you or send you an invoice for the following period. This automatic billing will occur unless you cancel before the next billing date. Billing dates are set by the date of your initial consult.  Payment for consultation, is expected at time of service.  Monthly billing is expected upon receipt of the invoice on your billing date.  Changes to billing date can be made by contacting [email protected]  Late payments over 14 days may result in termination of services.  You can obtain billing information and notify us of payment issues by contacting [email protected] Notification of payment issues should be done before your billing date for our team to make the appropriate adjustments and work with you. We do not offer refunds for late cancellations. We do not offer refunds for unused time on a membership. You may cancel your membership at anytime by contacting [email protected] If you wish to pause your billing, you must contact [email protected] and provide your request in writing before the time-frame you wish to have the pause take effect.  Requests for a pause of billing after the requested time you wish to have the pause take effect will incur normal billing for the month.

All sales for items in the RCA Nutrition store at https://bit.rcanutrrition.com are final at the time of purchase.  No refunds are available after payment has been made for any items in the RCA Nutrition store.

Charges are in U.S. dollars (USD), and all payments shall be in U.S. currency. Credit cards (Mastercard, Visa, American Express), Paypal, Venmo, and Square are all accepted methods of payments for services.  Please notify us at the initial consult of your preferred payment source.  All credit card payments will be processed the same day of consult.  Fees and any other charges may change from time to time. If they do change, your continued use of services after the change indicates your agreement with the new fees and charges after the effective date of the change.

Members

RCA Nutrition Services are intended for individuals who are 18 years of age or older. We encourage minors to seek permission from their parents or legal guardians to use RCA Nutrition

Your Content

Content means any information, images, text, or other materials uploaded or appearing as part of the Services or on the Site. You represent and warrant that you own all Content you contribute to RCA Nutrition or that you have permission to use and upload any Content that you upload to RCA Nutrition.

Intellectual Property

The materials displayed on or contained within the Services and Site including, without limitation to all software, design, text, editorial materials, informational text, photographs, illustrations, images, audio clips, video clips, short features, tools, artwork and other graphic materials, and names, logos, trademarks and service marks (the “Materials”), are the property of RCA Nutrition, are protected by copyright, trade-mark and other intellectual property laws. RCA Nutrition name, design and related marks are trade-marks of RCA Nutrition.  The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site.

Any use of the Materials outside the Portable Document Format (“PDF”) file generated on the Site without express written consent of RCA Nutrition is prohibited. Usage of our photography, recipes or any other Materials for marketing purposes is prohibited.

Rules

Your use of the Service and Site will be in compliance with all applicable laws and regulations. You will not: (i) use the Service or Site to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email; (ii) omit, delete, forge or misrepresent transmission information, including without limitation headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (iii) impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity; (iv) engage in any activities intended to withhold or cloak identity or contact information; (v) send harassing and/or threatening messages to others; (vi) transmit any viruses or any other disabling mechanisms; (vii) use the Service or Site for any illegal purpose, in violation of any applicable laws or regulations; (viii) engage in any Internet activities that would violate the privacy rights of others; (ix) attempt to penetrate security measures of the Service or Site or obtain or bypass others’ passwords; or (x) engage in denial of service attacks, or take actions designed to impair network access by flooding the Site or the Internet with useless traffic. You agree that you are responsible for your own communications and interaction with other Members on Site and that you will not upload, post, disseminate or transmit any Content on or through the Service or Site that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, invasive of another’s privacy or that promotes hatred; (ii) infringes or violates any party’s copyright, trade-mark, trade secret, patent or other proprietary rights; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information not belonging to you including without limitation any personal information belonging to minors. To the extent that the following activities are prohibited by applicable law, in using the Services or Site you will not: (i) use the Services or Site for any illegal purpose, in violation of any applicable laws or regulations; (ii) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (iii) electronically stalk or otherwise electronically harass others; or (iv) engage in any Internet activities that would violate the privacy rights of others, including but not limited to, collecting, using and disclosing information about Internet users without their permission, except as permitted by applicable law. You acknowledge and agree that you are solely responsible for your account and the security of your password relating to such account and that you will not disclose it to any third parties. In addition, you will promptly advise RCA Nutrition of any unauthorized use of your password. The Terms apply any time you use our Services or visit our Site. Violation of the Terms could result in the suspension of the Service, at the sole discretion of RCA Nutrition, without prior notice to you.

Responsibility

We are not responsible for any Content generated by Members on the Site or as part of the Services. The Services or Site may contain Content that is offensive, indecent or otherwise objectionable, as well as containing inaccuracies or errors. We disclaim any responsibility for any harm resulting from the use of or reliance on our Site or Services. The Services or Site may also contain links or references to third party websites. These links are provided for your convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to the Services and Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of RCA Nutrition. Your use of such third-party websites is subject to the terms and conditions of use and the privacy policies of such websites.

Changes

We reserve the right, at our sole discretion, to modify, alter or replace any part of the Terms without prior notice. Your continued use of our Site or Services after the changes constitutes your acceptance of the changes. Additional features on the Site or Services are subject to the Terms. It is your responsibility to check the Terms periodically for changes. If you do not agree to any modifications of the Terms, you must immediately stop using the Site and Services.

Disclaimer

The site and services, their contents, the materials, and any software, products, functionalities and services offered or contained herein are provided on an “as is” basis and on an “as available” basis. RCA Nutrition makes no representations, warranties, guarantees or conditions of any kind, whether express, legal or implied, arising from statute, course of dealing, usage of trade or otherwise, with respect to the site or service. Their contents, the materials, content provided by third parties or such software, links, tools, tips, products, functionalities and services offered or contained herein, and disclaims all such representations, warranties, guarantees and conditions, including without limitation, representations, warranties, guarantees and conditions of merchantable quality, quality or fitness for a particular purpose, non-infringement of third party rights, error-free or uninterrupted service, accuracy, availability, reliability, security, currency and completeness arising from or relating to the app or site, their content or any links, any software, tools, tips, products, functionalities or services provided through the app or site. In addition, RCA Nutrition does not provide any representation, warranty, guarantee or condition that the information accessible via the app or site is accurate, complete or current. All representations, warranties, guarantees and conditions are hereby disclaimed to the maximum extent permitted by applicable laws.

https://rcanutrition.com is owned and operated by RCA Nutrition and may contain advertisements, sponsored content, paid insertions, affiliate links or other forms of monetization.

https://rcanutrition.com abides by word of mouth marketing standards. We believe in honesty of relationship, opinion, and identity. The compensation received may influence the advertising content, topics or posts made in this blog. That content, advertising space or post will be clearly identified as paid or sponsored content.

RCA Nutrition is never directly compensated to provide opinion on products, services, websites, and various other topics. The views and opinions expressed on this website are purely those of the authors. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.

This site does not contain any content which might present a conflict of interest.

RCA Nutrition makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contain on this website or any sites linked to or from this site.

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website, and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site. Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that RCA Nutrition shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false, or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Nutritional Information Disclaimer

RCA Nutrition offers nutritional information for recipes contained on the Site. This information is provided as a courtesy and should not be construed as a guarantee by RCA Nutrition. This information is a product of the USDA Food Composition Database (SR28). Although RCA Nutrition attempts to provide accurate nutritional information, these figures should be considered estimates. Varying factors such as product types and the way ingredients are processed change the effective nutritional information in any given recipe. To obtain the most accurate representation of the nutritional information in a given recipe, you should calculate the nutritional information with the actual ingredients used in your recipe. The percent daily values are based on a 2,000 calorie diet, so your values may change depending on your calorie needs. The values here may not be 100% accurate because the recipes have not been professionally evaluated.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Interactive Features

This Site and our services may include a variety of features, such as MARCO POLO, bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on MARCO POLO, bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

  • Restrict or inhibit any other user from using and enjoying the Site.
  • Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
  • Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
  • Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
  • Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
  • Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
  • Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
  • Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
  • Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

RCA Nutrition may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. RCA Nutrition or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by RCA Nutrition staff, RCA Nutrition’s outside contributors, or by users not connected with RCA Nutrition, some of whom may employ anonymous usernames. RCA Nutrition expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of RCA Nutrition or any of its subsidiaries or affiliates.

Limitation of Liabilities

In no event shall RCA Nutrition, its affiliates or any of their respective directors, officers, employees, agents, mandataries, consultants or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation damages for loss of data, goodwill, income or profit, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with: the Services or Site; any RCA Nutrition materials, information, qualification and recommendations appearing on the site; any tools, tips, links, functionalities or services offered through, contained in or advertised on the Services or Site; your account and password; failure of performance, error, omission, interruption, defect, delay in operation, computer virus, communication line failure, theft, destruction or unauthorized access to, or alteration of, or inability to use the Site whether or not arising from breach of contract, tort, civil liability or otherwise and even if RCA Nutrition has been advised of the possibility of such damages. This exclusion of liability shall apply to the fullest extent permitted by law. You acknowledge that you will be fully liable for all damages resulting directly or indirectly from your use of the Services or Site and your Content. RCA Nutrition shall not be responsible for your Content or the content of any other users submitted to the Site. You acknowledge that RCA Nutrition is not liable for any libelous, defamatory, offensive or illegal conduct of other members and/or users of the Services or Site or third parties and that the risk of injury from the foregoing rests entirely with you. You use the Services or Site at your sole risk.

Indemnification

You hereby agree to indemnify and hold harmless RCA Nutrition and its affiliates and their respective directors, officers, employees, agents, mandataries or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising out of or in any way connected with your access to or use of the Services including: (a) your breach of the Terms; and (b) your use of the Services or Site including without limitation transmission or placement of information or material by you as related to the Services or Site; and (c) any claim or allegation that your Content infringe the intellectual property or other proprietary rights of any third party in the present time and in the future with no constraints.

Termination

RCA Nutrition may cancel or terminate your right to use the Site or any part of the Site and any service or part of any service at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Governing Law

The Terms shall be governed by, construed and enforced in accordance with the laws of the United States, and in each case the laws of California applicable therein.

General

The Terms constitute the entire agreement between you and RCA nutrition with respect to your use of the Services or Site and supersede all previous agreements, understandings and representations relating thereto. Nothing in this Agreement shall constitute a partnership or joint venture between you and RCA Nutrition. No failure by RCA Nutrition or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of the Terms or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of the Terms, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. By using the Services, you understand these Terms are only available in English.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by RCA Nutrition infringe your copyright, you, or your agent may send to RCA Nutrition a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon RCA Nutrition actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to RCA Nutrition a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyrightfor details. RCA Nutrition’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: [email protected]

This Agreement shall be binding upon and inure to the benefit of RCA Nutrition and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of RCA Nutrition. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by RCA Nutrition to any affiliated entity or any of its wholly owned subsidiaries.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and any dispute shall be subject to binding arbitration in San Francisco, CA. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Contact

If you have any questions regarding this policy, or your dealings with our website, please contact us here: https://rcanutrition.com/Contact

RCA Nutrition, PO BOX 420473, San Diego, CA. 92142

 

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