Terms and Conditions
I. Introductory Provisions
- The RxDiet (“Service/Services”) provides users of the Service (“User/Users”) with individual nutritionally tailored meal plans and mediates the purchase of products from third parties.
- The Service Provider (available at www.rx-diet.com) is:
|Company:||AI NUTRITION CORP. (“RxDiet”, “we”, “us” or “our”)|
- OUR SERVICE IS NOT INTENDED FOR EMERGENCY SITUATIONS. IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CALL 911 OR APPROPRIATE EMERGENCY RESPONDERS.
- RxDiet may make unilateral modifications to these Terms.
- The RxDiet App is licensed, not sold to you, and you may use the Service only as set forth in these Terms.
- Your use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”), which are your sole responsibility.
- RxDiet is not your healthcare provider and does not provide you any medical advice through the Service, however RxDiet through the Service may connect you with a Provider (as defined below).
- The Service is provided “as is” without warranties of any kind and RxDiet’s liability to you is limited.
- These Terms provide that all disputes between you and RxDiet will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the “Dispute Resolution and Arbitration” section for the details regarding your agreement to arbitrate any disputes with RxDiet.
II. RxDiet Service
- The RxDiet service is available as a web app or mobile app at rx-diet.com and its subdomains, App store and Play store (“Application”).
- The Services comprise a platform that presents you with an option to order goods and a set of recipes ("Meal Plan"). Ordering goods includes picking, ordering by individual personal shoppers (“Personal Shoppers”) as well as packing, and delivery to your location or, if available, for you to pick up in-store by third party providers. Picking, ordering, packing, or delivery services may be performed by third parties including a retailer or third party logistics provider (collectively, “Third Party Providers”).
- Delivery may be conducted by each individual Personal Shopper’s or Third Party Provider’s select method of transportation. You acknowledge that transportation or logistics services are provided by a third party independent contractors who are not employed by RxDiet.
- When you use the Services to place an order for the product set associated with your Meal Plan, you authorize RxDiet to select, purchase and order the delivery of those products from the third party retailers. Unless otherwise specified, you acknowledge and agree that RxDiet and the Personal Shopper are acting as your agents in the picking, ordering, and/or packing, and/or delivery of goods purchased by you and are not the seller of the goods to you. You agree that your purchase is being made from the third party retailer, that retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable retailer’s store. You agree that RxDiet or the applicable retailer will obtain a credit card authorization for your credit card on file with RxDiet to cover the cost of the goods you have purchased from the retailer and any separate RxDiet fees, and your card will be charged for the goods purchased by you and any applicable fees, taxes and/or tips. Your card may be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original check out. This higher authorized amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items or weight adjustments.
- You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and RxDiet, RxDiet does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.
- Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place.
- Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotions offers, and availability. RxDiet reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged). Please note that prices of products on the Services may be different from prices offered for the same products in-store by the same retailer.
- The Meal Plan is created after completing the initial consultation (“Consultation”) by the User, which is part of the registration. The Meal Plan is provided to the User via the Application.
III. Consent to Use of Telehealth Services
- As part of the Service, RxDiet may enable you to obtain certain telehealth consultations and treatment in connection with such program by facilitating the connection between you and one or more licensed healthcare providers (each, a “Provider”). Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a Provider and a patient who are not in the same physical location. While the provision of healthcare services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. In order to utilize all features of the Service, you will be required to review and agree to the consent to use of telehealth services. The consent to use of telehealth services is hereby incorporated into these Terms by reference and constitutes a part of these Terms. The services you receive from Providers are not intended to replace a physician or dietitian relationship. You may form an ongoing treatment relationship with some Providers. However, your initial visit with a Provider will begin as a consultation and will not necessarily give rise to an ongoing treatment relationship. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed, and continue to consult with your physician, dietitian and other healthcare professionals as recommended. We may make arrangements for follow-up care either through RxDiet affiliated Providers or other healthcare providers. Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:
- In rare cases, information transmitted may not be sufficient to allow for appropriate healthcare decision-making by the Provider.
- Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.
- In rare cases, a lack of access to all of your health records may result in adverse drug interactions, hypoglycemic events, allergic reactions or other judgment errors.
- Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information.
- By accepting these Terms, you acknowledge that you understand and agree with the following:
- You understand that you may expect the anticipated benefits from the use of the RxDiet Services in your care, but that no results can be guaranteed or assured.
- You understand that the laws that protect the privacy and security of health information apply to telehealth, and you have received RxDiet’s Notice of Privacy Practices, which describes these protections in more detail.
- Your Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Service.
V. Your Use of the Service
- RxDiet grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and RxDiet’s policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law, or you have RxDiet’s written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that RxDiet provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.
- Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant RxDiet a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. RxDiet may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.
- You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open source licenses. In that case, RxDiet will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.
- If you are using RxDiet on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
- In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including Personal Shoppers and individuals who support RxDiet’s customer support. RxDiet reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.
- We’re constantly modifying and improving the Services. RxDiet may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide RxDiet with any feedback on or comments regarding the Services, you grant RxDiet the right to use such feedback or comments for any purpose without restriction or payment to you.
- If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or review our FAQ articles for our policies regarding the same.
VI. RxDiet Communications
By creating an user account at RxDiet, you agree to accept and receive communications from RxDiet, Personal Shoppers and Third Party Providers, including via email, text message, calls, and push notifications to the cellular telephone number you provided to RxDiet. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of RxDiet or Third Party Providers, its affiliated companies and/or Personal Shoppers, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time by contacting firstname.lastname@example.org. You may also opt out of receiving text messages from some Third Party Providers by replying “STOP” from the mobile device receiving the messages.
VII. User Registration
- User registration is available at app.rx-diet.com. In order to use the Service, the User must complete the Consultation upon registration, on the basis of which the Meal Plan is prepared. The Consultation takes place either in the Application or on the phone with a specialist contracted by RxDiet.
- In the Consultation the User can choose whether the Meal Plan will be prepared for more people.
- In the Consultation, the User must provide the following true information:
- Contact details – full name, email address, delivery address, phone
- Data on physical structure, lifestyle, nutritional preferences and allergies
- The User agrees to receive electronic communications via email by providing his/her email address.
VIII. Conclusion of a Contract between the User and RxDiet
- The object of the contract between the User and RxDiet is the provision of the Service (“Contract”).
- The Contract between the User and RxDiet is concluded upon completion of the registration.
- The contract is concluded for an indefinite period. The User may terminate the provision of the Service according to the Article XXII of the Terms.
- RxDiet may, in its sole discretion, not accept to provide the Service and refund the payment to the User.
- The initial term of the Service will begin on the date RxDiet receives User's subscription payment and last for the length of the subscription the User selected (“Initial Term”). The Initial Term can be prolonged by a Trial period as described in the Article X. After the Initial Term, the subscription will automatically renew for successive period of identical length (each, a “Renewal Term”), unless the Service is terminated as provided in the Article XXII.
- RxDiet offers different subscription options, each with varying scope of services and fees. The User must select the desired subscription option after registration. Subscription options may change from time to time, the User will receive a notice of such changes in advance. However, the User is entitled to the full scope of his/her subscription option as it existed as of the effective date of purchase for the duration of such subscription. For any subsequent Renewal Term, the User may accept the revised subscription options or reject such and cancel the subscription.
- The User pays the Subscription Fee in a single sum, the initial payment must be made before the subscription commences (except a subscription Trial as described in the Article X). Once paid, the subscription is non-refundable.
- The subscription to the Service is continuous and will be automatically renewed at the end of the applicable subscription period, unless the User cancels his/her subscription before the end of the then-current subscription period. If the User cancels the subscription, his/her account will automatically close at the end of the current billing period.
- RxDiet may change the price for the User's subscription, from time to time and will communicate any price changes to the User in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, the User accepts the new price by continuing to use the Service after the price change takes effect. If the User does not agree with a price change, the User has the right to reject the change by unsubscribing from the Service prior to the price change going into effect.
- From time to time, RxDiet or others on our behalf may offer trials of paid subscriptions for a specified period without payment or at a reduced rate (a “Trial”). RxDiet may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.
- For some Trials, RxDiet will require you to provide your payment details to start the Trial. By providing such details you agree that RxDiet may automatically begin charging you for the paid subscription on the first day following the end of the Trial on a recurring basis. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL.
XI. Subscription Billing
- In order to receive the Service, the User's Subscription Fee payments will be charged to the User's credit card/debit on a recurring basis. The User hereby agrees to allow RxDiet to securely store his/her credit/debit card information (the “Payment Method”). The User authorizes the Payment Method to be used automatically for the User's payment responsibilities to RxDiet. If a credit card account is being used for a transaction, RxDiet may obtain pre-approval for an amount up to the amount of the payment. If the User wants to designate a different payment method or if there is a change in his/her Payment Method information, the User can change the information with RxDiet. This may temporarily delay User's ability to make online payments while RxDiet verifies the new payment information.
- The User agrees and authorizes the Payment Method to be billed automatically in accordance with the Subscription Fee payment schedule in an amount equal to the Subscription Fee in effect for the subscription duration.
- If RxDiet is unable to secure funds from the User's credit/debit card(s) for any reason, including, but not limited to, insufficient funds in the debit/credit card or insufficient or inaccurate information provided by the User when submitting electronic payment, RxDiet may undertake further collection action, including application of fees to the extent permitted by law.
- The User has the right to revoke this authorization by contacting RxDiet at email@example.com at least fifteen (15) days prior to the scheduled payment date. The User understands that his/her subscription may be canceled or withheld if he/she revokes this authorization, and he/she is still responsible for all charges he/she incur or otherwise owe to RxDiet. This authorization will remain in full force and effect until revoked by the User or RxDiet.
XII. Grocery Delivery
- Availability of the grocery delivery is checked by the User's zip code. If the grocery delivery is available, RxDiet orders groceries for the User from the Third Party Providers.
- The User pays for the groceries to RxDiet. The price of the groceries differs with respect to the needs of individual Users. The final price is displayed to the User in the Application before the purchase.
- The difference between the price of the groceries presented to the User in the Application and the final price of the groceries at the Third Party Provider is the fee paid by the User to RxDiet for the Service.
- The User is obliged to choose in the Application or upon being contacted by RxDiet the time and the place of the delivery. The time of the delivery can be also communicated with RxDiet via email, Intercom or phone.
- The User can make complaints of the purchase to RxDiet at firstname.lastname@example.org.
XIII. Payment Terms
- The User agrees to provide to RxDiet accurate and complete information and authorizes RxDiet to share it with Stripe and other third party service providers.
- By making the first payment, the User also entitles RxDiet to automatically make subsequent payments. All charges and fees will be billed to the credit/debit card he/she designates during the setup process.
- If the payment is not made properly, RxDiet is not obliged to provide the Service.
- The User represents and warrants that if he/she is making online payments that:
- Any credit/debit card, debit card, and bank/financial account information he/she supplies is true, correct, and complete
- Charges incurred by the User will be honored by User's credit/debit card company or bank
- The User will pay the charges in the amounts posted, including any applicable taxes
- The User is authorized to make a purchase or other transaction with the relevant credit/debit card and information
XIV. Service Provided As-is and Release of Claims
- THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RXDIET DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RXDIET MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. RXDIET DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PERSONAL SHOPPERS, THIRD PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER RXDIET NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER. NEITHER RXDIET NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER.
- If you have a dispute with one or more Personal Shoppers or Third Party Providers, you agree to release RxDiet (including RxDiet’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
- Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other jurisdictions), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her must, would have materially affected his or her settlement with the debtor or released party.”
XV. Limitation of Liability
- THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- IN NO EVENT SHALL RXDIET (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF RXDIET OR RXDIET’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN NO EVENT SHALL RXDIET (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF RXDIET OR RXDIET’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- RXDIET, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO RXDIET FOR THE PAST 12 MONTHS OF THE SERVICES.
- The service facilitates meal plans with respect to specific dietary recommendations from User’s healthcare provider. RxDiet works with imperfect information provided by third party retailers and If the User has a specific dietary restriction or allergy, RxDiet cannot guarantee the suitability of the Meal Plan for this User. RxDiet shall not be liable for any injury caused to the User.
- RxDiet is not liable for any damage or injury caused by incorrect completion of the Consultation or incorrect recommendation by User’s healthcare provider.
- For persons with health problems associated with dietary restrictions, the service does not replace individual professional advice. In cases of specific health problems, individual consultation with a physician and a registered dietitian is recommended.
XVI. No Medical Advice
We act as a technology platform to connect you with Providers who may be available to provide you with certain non-emergency medical care, however RxDiet is not itself a healthcare provider, and the Providers are solely responsible for providing you with any medical care and treatment you receive via the Service. We do not control or interfere with the practice of medicine by Providers, each of whom is responsible for the professional medical services he or she provides. By accepting these Terms and by using the Service, you are entering into a doctor-patient or other health care provider-patient relationship solely with one or more Provider(s) and not with RxDiet. The information provided by RxDiet as part of the RxDiet Materials and through the Service is for general informational purposes only. None of the RxDiet Materials should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
You agree to defend, indemnify and hold harmless RxDiet and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
XVIII. Non-Secure Communications
XIX. Disclaimers; No Warranties
WHILE THE SERVICE PROVIDES ACCESS TO CERTAIN PROVIDERS FOR NON-EMERGENCY MEDICAL CARE, RXDIET IS NOT A HEALTHCARE PROVIDER AND CANNOT AND DOES NOT DIAGNOSE OR TREAT YOUR HEALTH CONDITIONS. RXDIET PROVIDES NO ENDORSEMENT, REPRESENTATION OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT USED BY THE PROVIDERS IS OR WILL BE SAFE, EFFECTIVE OR APPROPRIATE FOR YOU. DO NOT USE THE SERVICES FOR MEDICAL EMERGENCIES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 (OR THE EQUIVALENT CONTACT NUMBER FOR EMERGENCY SERVICES IN YOUR REGION) IMMEDIATELY.
THE SERVICE AND ALL RXDIET MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT ALLOWED BY LAW, RXDIET DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL RXDIET MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. RXDIET DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY RXDIET MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY RXDIET MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE PROVIDERS OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR ACCESS TO, USE OR MISUSE OF, OR INABILITY TO USE THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY RXDIET MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN RXDIET MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED BY LAW.
XX. Limitation of Liability
IN NO EVENT WILL RXDIET BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY RXDIET MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RXDIET HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF RXDIET TO YOU, FOR ALL CLAIMS ARISING OUT OF, OR RELATING TO, THE USE OF OR ANY INABILITY TO USE, ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO RXDIET FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR (B) ONE THOUSAND U.S. DOLLARS (USD $1,000.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. TO THE EXTENT THAT WE MAY NOT LIMIT OUR LIABILITIES, THE EXTENT OF SUCH LIABILITIES WILL BE THE MINIMUM PERMITTED BY LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 19 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
XXI. Consent to Electronic Communications
XXII. Termination of the Service and Withdrawal from the Agreement
- Either the User or RxDiet may terminate the Service at any time, with or without cause, upon thirty (30) days’ prior written notice.
- The User is entitled to terminate the Service at any time. The Service is terminated upon delivery of a written notice to RxDiet.
- Upon notice of termination, the User will be entitled to receive the services included in the selected subscription option until the effective date of termination.
XXIII. Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with RxDiet, shall constitute the entire agreement between you and RxDiet with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
XXIV. No Waiver
RxDiet’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
- AI NUTRITION CORP. is the owner of the Service.
- The Service is a copyright work.
- The content of the Service may not be freely distributed, modified or stored, or to exercise other property rights to it without RxDiet's consent.
- RxDiet prohibits violating or attempting to violate the security of all systems running on the domain rx-diet.com and its subdomains and any other computer system owned by the AI NUTRITION CORP., including, without limitation:
- Accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access
- Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
- Accessing or using the Application or any portion thereof without authorization, in violation of these Terms or in violation of applicable law
- RxDiet prohibits to use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data from any computer system owned by the AI NUTRITION CORP., bypass RxDiet's robot exclusion headers, or other measures RxDiet may use to prevent or restrict access to. Violations of system or network security may result in civil or criminal liability. RxDiet will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the computer systems owned by the AI NUTRITION CORP.
XXVI. Final Provisions
- RxDiet reserves the right to unilaterally amend and supplement the Terms, including the price of the Service. Changes to the Terms become effective upon publication at www.rx-diet.com. The date the Terms were last revised is identified at the bottom of this page. You are responsible for periodically reviewing the Terms to check for any changes.
- The legal relationship between RxDiet and Users is governed by the laws of the United States of America.
- In the event that any provision of the Terms becomes invalid for conflict with law or morality, such invalidity shall not affect the validity of the other provisions and the validity and effectiveness of the Terms. RxDiet is obliged to replace the invalid provision with a new one, which shall be agreed in the spirit of the other provisions of the Terms.
Effective Date: November 1, 2023