Prior to you (“Customer”) being granted access to www.avatarnutrition.com (“Website”) or app.avatarnutrition.com (“Website”), Customer must agree to the following terms and conditions (“Terms & Conditions”). It is recommended that Customer consults an attorney prior to accepting these Terms & Conditions.
Customer agrees and understands that any and all contents and/or information contained on the Website, including but not limited to nutritional and/or exercise information is being provided solely for informational purposes. In addition, the Website is not monitored and/or controlled in any way by medical professionals. As such, Customer shall always seek medical advice from a medical professional prior to implementing any and all contents and/or information contained on the Website.
Customer hereby acknowledges that:
- These Terms and Conditions are binding upon Customer and Customer’s executors, administrators, heirs, next of kin, successors, and assigns.
- Customer is at least 18 years of age.
- Customer is in good physical and mental health.
- Customer has met with and has been examined by a medical professional prior to implementing any and all contents and/or information contained on the Website and Customer was cleared by said medical professional to implement any and all contents and/or information contained on the Website.
- Customer will not share the contents and/or any information contained on the Website with any third-party except Customer’s medical professional.
- In the event that Customer shares any contents and/or information contained on the Website with any third-party, Customer shall indemnify and hold harmless the Website, from any claims, suits, causes of actions, and/or damages of any nature, resulting from Customer sharing the contents and/or information contained on the Website with any third-party.
- Customer consents to willingly engage the services of the Website at the price listed, and personally elects to choose yearly term pricing, or engage with the service at the listed monthly rate. Customer will retain access to the services provided by the Website as long as the billing account is active and in good standing.
- REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION. We do not provide credit, refunds, or prorated billing for subscriptions that are cancelled mid-month. In such a circumstance, you will continue having access to your subscription until the end of the present billing cycle. Avatar Nutrition reserves the right to offer refunds, discounts, or other considerations in select circumstances at its sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligation to do so in another.
RELEASE & WAIVER
In consideration of Customer being granted access to the Website, Customer hereby waives, releases, and discharges the Website from any and all liability of any kind, including but not limited to death, disability, personal injury, and/or illness, which may hereafter accrue and/or occur from Customer using/implementing any and all contents and/or information contained on the Website. The above release and waiver shall be construed as broadly as possible to provide a release and waiver to the maximum extent permissible by law.
CONSENT TO COLLECTION/USE OF PERSONAL DATA
Avatar has implemented measures to protect our customers’ personal data (mailing information, email address, banking details, social networking posts, biometric data and IP address). Customer consents to the collection, storage and use of such personal data by Avatar in the normal course of its business. Customer understands that he/she may withdraw this consent at any time by advising Avatar, in writing, of its desire to do so.
- These Terms & Conditions shall be governed, construed, and enforced in accordance with and subject to the laws of the State of Texas. Customer further hereby acknowledges and consents that any controversy or claim arising out of or relating to these Terms & Conditions, or anything in any way related to the Website, shall be resolved through binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, as follows:
- The parties must first attend non-binding mediation (except as set forth below). Mediation shall be paid by the party that files for same and mediation shall take place in Austin, Texas, and Texas law shall govern.
- In the event that non-binding mediation is unsuccessful, then the dispute will be resolved through binding arbitration. Arbitration shall take place in Austin, Texas, and Texas law shall govern.
Judgment on any award rendered by the arbitrator(s) may be entered in any Court having jurisdiction thereof.
- Each party shall be solely responsible for their own fees and expenses incurred in both mediation and arbitration, including but not limited to, attorney’s fees, expert’s fees, and filing fees. Neither party shall be awarded any costs or fees (including but not limited to attorney’s fees) in arbitration.
- Customer agrees not to seek any emergent applications with any Court and that all emergent applications, including but not limited to injunctions and restraining orders, shall be resolved by the arbitrator.
- Whenever the word “Website” is used, it is understood that said term refers to Avatar Nutrition, LLC (owner of the Website) and Avatar Nutrition, LLC’s owners, affiliates, directors, officers, employees, representatives, agents, predecessors, successors, assigns and heirs.
- These Terms & Conditions constitute the entire agreement and understanding between the parties in relation to its subject matter and supersedes and replaces all prior negotiations and all agreements between the parties, if any, in relation to its subject matter and may not be altered, amended, modified, except in writing duly executed by the parties.
- Customer may not assign these Terms & Conditions and or access to the Website to any third-party without prior written consent, which may be withheld by the Website for any reason or not reason whatsoever.
- Website may assign these Terms & Conditions to any third-party.
- In making these Terms & Conditions, no party relied upon any statement or representation, oral or written, made by the other party to these Terms & Conditions. Each party expressly assumed the risk of any mistakes of fact.
- In the event that any of the provisions, terms, clauses, and/or rights contained in these Terms & Conditions are declared unlawful, unenforceable, or ineffective in a legal forum of competent jurisdiction, then such provisions, terms, clauses, and/or rights shall be deemed severable, such that all other provisions, terms, clauses, and/or rights contained in these Terms & Conditions shall remain valid and binding upon the parties.
- Any headings found in these Terms & Conditions are inserted for convenience only and are not to be considered in construction of the provisions thereto.
- The parties have cooperated in the drafting and preparation of these Terms & Conditions. Neither party may be regarded as its drafter, and in any interpretation to be made of these Terms & Conditions, there shall be no presumption that it should be construed against the interests of either party.
- Customer has had an opportunity to review these Terms & Conditions with independent legal counsel. In addition, Customer understands that they are under no obligation to execute these Terms & Conditions and voluntarily do so.