Updated: October 2017
1.1 The Site and Mobile Application works with the Employers, Client Partners or other Affiliated Partners as well as certain other third parties to provide nutritional based educational and incentivized wellness solution that rewards your healthy eating habits, either through direct reimbursement, or coupons and discounts on products you have a history of purchasing (collectively and as hereinafter described, the “Services”).
3.2 You can also sign up for an individual account with us (1) if you already have an account with us through your employer or channel partner and your relationship with such employer or channel partner has terminated (2) if your employer or channel partner is not one of our present customers (a “Consumer Account”). To establish a Consumer Account, you have to complete the online registration and pay the applicable account fees listed on the Site.
4. Mobile Application
4.1 You can access the Services via a mobile device using the Mobile Application. To use the Mobile Application you must have a mobile device that is compatible with the Mobile Application. We do not warrant that the Mobile Application will be compatible with your mobile device. You may use mobile data in connection with the Mobile Application and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. We hereby grant you a non-exclusive, nontransferable, revocable license to use a compiled code copy of the Mobile Application for one account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third party or use the Mobile Application to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that We may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Application is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Nutrisavings LLC or its third-party partners or suppliers retain all right, title, and interest in the Mobile Application (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Nutrisavings LLC reserves all rights not expressly granted under these Terms. The Mobile Application originates in the United States. You agree to comply with all United States and foreign laws related to use of the Mobile Application and the Services.
4.2 Mobile Application from App Store by Apple
4.2.1 The following applies to any Mobile Application you acquire from the App Store (“App Store-Sourced Application”): You acknowledge and agree that these Terms are solely between you and Nutrisavings LLC, not Apple, and that Apple has no responsibility for the App Store-Sourced Application or content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application. In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Nutrisavings LLC as provider of the software. You acknowledge that Apple is not responsible for addressing any of your claims or those of any third party relating to the App Store-Sourced Application or your possession and/or use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Nutrisavings LLC as provider of the application. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party’s intellectual property rights, Nutrisavings LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Nutrisavings LLC acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the App Store-Sourced Application, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the App Store-Sourced Application against you as a third-party beneficiary thereof.
5. Use and Restrictions
5.1 Content and Materials
5.1.2 The Site and Mobile Application permits users to upload, submit, disclose, or offer certain original materials, such as recipes, reviews, photographs, images, videos, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material. Any such content uploaded by users of the Services are referred to as “Materials” (and Materials you upload using the Services are collectively referred to here as “your Materials”). You hereby grant to us and our authorized personnel and agents an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, modify, publicly perform, publish, distribute, reproduce, make derivative works of, sublicense, and otherwise exploit your Materials and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on commercial websites, without compensation of any kind to you or any third party. As between you and us, you will solely and exclusively own all right, title, and interest in and to your Materials. By submitting your Materials, you represent and warrant that (a) you have all necessary right, power, and authority to grant the license set forth herein to your Materials, and (b) your Materials do not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at your expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by us to effect, perfect, and confirm the license granted to us to your Materials as set forth herein.
5.1.3 Our publication or use of Materials you provide is at our sole discretion and we are not obligated to publish or use any of your Materials. If we do publish, use and/or post your Materials on the Site or your Materials are otherwise used by us, we may include your name, likeness or photo in conjunction with such publication, posting, or use. By submitting, disclosing, or offering Materials, you hereby grant us the right to use your name, likeness and photo in connection with the publication, use or posting of your Materials. Among other things, this means that we may use any ideas, suggestions, developments, and/or inventions that you post, upload, transmit, send or otherwise make available in any manner as we see fit without any compensation or attribution to you. You must include your full name and e-mail address with your Materials so we can contact you if we have any questions about your Materials; however, your e-mail address will be published with your Materials. You should make copies of or otherwise back-up any and all Materials, personal data or communications you post, upload, transmit, send or otherwise make available on or through the Service that you may wish to retain.
5.2 Copyright policy
5.2.1 We respect the intellectual property of others and ask that users of our Site, Mobile Application and Services do the same. In connection with our Site, Mobile Application and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing content and for the termination, in appropriate circumstances, of users of our Site, Mobile Application and Services who infringe intellectual property rights, including copyrights. If you believe that one of our users is, by uploading materials to the Site, unlawfully infringing the copyright(s) in a work, and wish to have such Materials removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the materials that you claim are infringing and that you request us to remove; (d) sufficient information to permit us to locate the user originating such material; (e) your address, telephone number, and email address; (f) a statement that you have a good faith belief that use of the objectionable materials are not authorized by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. Our designated copyright agent can be contacted by writing to Attn: Copyrights Agent, NutriSavings LLC, 320 Nevada Street, Suite 501 Newton, MA 02460, via email at firstname.lastname@example.org or by telephone at (857) 228-1410 or fax (857) 228-1414
5.3 Monitoring of Use; No Endorsement of Materials
6. No Unlawful or Prohibited Use
6.2 The Services available through the Site and Mobile Application may not be available in your country. We make no representation that the Services offered through the Site and Mobile Application are appropriate or available for use in any particular location. Those who choose to access the Site and Mobile Application do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Site and Mobile Application or Services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Site and Mobile Application and must exit immediately. Your viewing and/or use of the Site and Mobile Application constitutes your representation that you are unconditionally and without limitation permitted to view and use the Site and Mobile Application and we may rely upon such representation. The Site and Mobile Application are operated from the United States and it is possible that some software from the Site and Mobile Application may be subject to United States export controls.
8. Links to Third Party Sites
8.1 The Site and Mobile Application may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of that Linked Site or any association with its operators. You will need to make your own independent judgment regarding your interaction with these Linked Sites. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites, including, without limitation, Linked Sites and websites linking to the Site. You should review applicable terms and policies, including privacy and data gathering practices, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
9. Inactive Account Fee
9.1 It is your responsibility to keep your account active. If your account becomes Inactive (as defined below), the Company will deduct a monthly inactivity fee of up to $ 0.25 (the “Inactivity Fee”) from the balance in your account. Your account will be considered “Inactive” if, for a period of six (6) consecutive months we have not received any shopping trip details. In the event that your account will soon be deemed Inactive, the Company will attempt to notify you at your registered email address before we begin to deduct Inactivity Fees from your Account. If your Account is Inactive, you may automatically reactivate your Account by making a valid shopping trip at affiliated stores whose loyalty card you have registered with the Company.
9.2 If your state’s law prohibits the Company from charging a monthly Inactivity Fee of $ 0.25, the Company may deduct Inactivity Fee equal to the maximum amount permitted by the laws of your state. The Company will continue to deduct the monthly Inactivity Fee from your account until the earliest of: (1) your account ceases to be Inactive, (2) your account balance becomes zero and there are no more funds left in your Account, or (3) your account is closed.
9.3 Each state has its own escheatment law which requires companies to turn over to the state property of its residents that the state deems to be unclaimed or abandoned. If your account has not had any activity, as defined by your state of residence according to our records, for a certain period of time (generally three to five years), the Company may be required by law to remit the balance in your account to the state of your last known address. Similarly, if you have a check issued by the Company that has not been cashed after a certain period of time (also generally three to five years),the Company may be required by law to remit the amount of the uncashed check to the state of your last known address. If we remit funds to your state of residence as required by law, you will need to contact the state directly to obtain the funds.
11. Liability Disclaimer
11.1 THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND MOBILE APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE, SERVICES, CONTENT, AND ALL PARTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE, SERVICES OR CONTENT AT ANY TIME.
11.2 THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE MANAGING MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE AND MOBILE APPLICATION AND ITS CONTENT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE SITE, SERVICES AND THE CONTENT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COMPANY PARTY, AND (5) THAT ACCESS TO OR USE OF THE SITE, SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SITE, SERVICES AND THE CONTENT IS AT YOUR OWN RISK AND THE COMPANY MAKES NO WARRANTIES.
11.3 THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE, SERVICES AND THE CONTENT OR ANY FEATURE OR PART THEROF AT ANY TIME. YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR IMPROPER DISCLOSURE OF INFORMATION CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SITE AND MOBILE APPLICATION OR SERVICES.
11.4 Your reliance upon the information available on the Site and Mobile Application or located through utilization of the Services and your interactions with third parties identified through the Services is SOLELY AT YOUR OWN RISK. Your interactions with other users of the Services (including Materials uploaded by other users of the Site) or advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person’s or entity’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the Services.
11.5 The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Site and Mobile Application or Services will be operable at all times. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, Services, and the Content or any portion thereof; (2) to modify or change the Site, Services, and the Content or any portion thereof, and any applicable policies or terms; and (3) to interrupt the operation of the Site and Mobile Application and/or provision of Services and the Content, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
12. Limitation of Remedies
12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, SERVICES, OR THE CONTENT, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THE EVENT OF ANY PROBLEM WITH THE SITE, SERVICES OR ANY OF THE CONTENT OR MATERIALS, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE AND MOBILE APPLICATION AND SERVICES. UNDER NO CIRCUMSTANCES SHALL THE COMPANY PARTIES BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, SERVICES OR ANY OF THE CONTENT OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OR MATERIALS OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR MATERIALS.
13. Product Disclaimer
13.1 WHILE WE WORK TO ENSURE THAT PRODUCT INFORMATION IS CORRECT, ON OCCASION MANUFACTURERS MAY ALTER THEIR INGREDIENT LISTS. ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN MORE AND/OR DIFFERENT INFORMATION THAN THAT SHOWN HEREIN. FOR THESE REASONS YOU SHOULD NOT RELY ON THE INFORMATION PRESENTED, BUT SHOULD ALWAYS READ LABELS, WARNINGS AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. CONTENT ON THIS SITE AND MOBILE APPLICATION IS FOR REFERENCE PURPOSES AND IS NOT INTENDED TO SUBSTITUTE FOR ADVICE GIVEN BY A PHYSICIAN, PHARMACIST, OR OTHER LICENSED HEALTH-CARE PROFESSIONAL. YOU SHOULD NOT USE THIS INFORMATION AS SELF DIAGNOSIS OR FOR TREATING A HEALTH PROBLEM OR DISEASE. CONTACT YOUR HEALTH-CARE PROVIDER IMMEDIATELY IF YOU SUSPECT THAT YOU HAVE A MEDICAL PROBLEM. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. THE COMPANY AND ITS THIRD PARTY AFFILIATE EDENRED NORTH AMERICA, INC., ITS CONTENT PROVIDERS, AND ITS PRODUCT MANUFACTURERS DO NOT ASSUME ANY LIABILITY FOR INACCURACIES, MISSTATEMENTS, OR OMISSIONS.
13.2 NUTRITION RATINGS WITH RESPECT TO ANY AND ALL PRODUCTS ON THE SITE AND MOBILE APPLICATION ARE DERIVED FROM INDEPENDENT SOURCES WITHOUT REFERENCE TO ANY PRODUCT NUTRITION PANEL DISPLAYED ON THE SITE. THE DATA USED TO CREATE SUCH RATINGS MAY NOT BE THE SAME AS THE PRODUCT DATA SHOWN ON THE SITE.
13.3 YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION OR CONTENT CONTAINED IN OR MADE AVAILABLE VIA THE SITE AND SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT OF MEDICAL PROFESSIONALS IN MAKING DECISIONS WITH RESPECT TO HEALTHCARE. THE COMPANY DOES NOT, AND IS NOT RESPONSIBLE FOR, VERIFYING THE ACCURACY OF HEALTH CLAIMS OR NUTRITION INFORMATION UPLOADED BY OUR USERS TO THE SITE AND MOBILE APPLICATION (FOR EXAMPLE, IN CONNECTION WITH PROVIDING OR COMMENTING ON A RECIPE).
14. Service Contact:
Phone: (800) 344-3593
Fax: (857) 228-1414
Postal Address: NutriSavings, LLC.
265 Winter Street, 3rd Floor
Waltham, MA 02451
15. Termination/Access Restriction
15.1 We reserve the right, in our sole discretion, to terminate your access to the Site and Mobile Application and the related Services or any portion thereof at any time, without notice.
16.2 Any rights not expressly granted herein are reserved.
17. Copyright and Trademark Notices
17.1 All contents of the Site and Mobile Application are the property of NutriSavings, LLC. All rights reserved.
18.1 The names of the Company’s affiliates and products mentioned herein may be the trademarks of their respective owners.