Terms of Use

Updated December 23, 2022

These Terms of Use govern your use of the websites located at www.modernnutritionjournal.com and www.modernnutritionnw.com (“Site”). You accept the Terms as they apply from time to time whenever you access the Site, and accessing the Site forms a contract between Modern Nutrition NW, LLC, which operates Modern Nutrition Journal, www.modernutritionjournal.com and www.modernnutritionnw.com (“we”, “us”, “our”, “Company”), and persons who access the Site (you). We may change these Terms of Use from time to time. Any changes will come into effect when the updated Terms of Use are posted to the Site. 

These Terms of Use are important, and you should ensure that you read them carefully and in their entirety before using the Site. 

PURPOSE: These Terms of Use are here to clearly explain, outline, and layout who we are, what we do, and what we don’t do before you use, view, access, and/or browse the Site and/or purchase or download any free resource, newsletter, blog post, course, program, service, or product offered by us. 

Any information provided on this Site is for information purposes only. Any information provided on this Site is not intended to replace medical advice and one should always consult their Health Care Provider before implementing any health changes. Krista Schaefer Pickle and Modern Nutrition NW, LLC are not liable for any damages as a result of misuse of the information provided by Krista Schaefer Pickle, Modern Nutrition NW, LLC and their associated sites with www.modernnutritionjournal.com or www.modernnutritionnw.com. For more information refer to Sections 5-6. 

IMPORTANT NOTE: By using the Site in any capacity, you voluntarily agree to these Terms of Use. You agree that you have read (or had the opportunity to read and chose not to), understood, and consented to these Terms of Use. If you have any questions, please contact us at modernnutritionjournal@gmail.com.

You must be at least 18 years old and be able to consent to these Terms of Use. If you are under the age of 18, or you do not agree with these Terms of Use as stated herein, STOP now and do not use this Site or its content. By using the Site, or purchasing or downloading from our Site, you voluntarily agree to the Terms of Use as stated herein.

These Terms of Use contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms of Use, you agree to the Arbitration Clause in Paragraph No. 14 and voluntarily waive your right to a jury trial.

By proceeding on the Site, you hereby agree to the following:

1. Definitions

• “Company”, “We”, “I”, “Our”, or “Us”means Modern Nutrition NW, LLC and our websites, www.modernnutritionjournal.com and www.modernutritionnw.com.

• “Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from or on behalf of Krista Schaefer Pickle, Modern Nutrition NW, LLC, and/or www.modernnutritionjournal.com, www.modernnutritionnw.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Modern Nutrition NW, LLC and/or on www.modernnutritionjournal.com and www.modernnutritionnw.com, including but not limited to, Modern Nutrition Journal Reflections, blog posts, courses, videos, lectures, workshops, webinars, eBooks, books, educational posts, newsletters, graphics, designs, documents, information, templates, links, text, images, worksheets, and materials.

“Purchase”, “Purchased”, “Purchasing”, “Downloading” or “Download” means any Content (as defined herein) or Courses, Services, and/or Products (as defined herein) you paid for and/or accessed, requested and/or signed up for, copied to your computer, phone, tablet, device, hard drive, cloud system, or another process of downloading data, from this Site (as defined herein).

“Personal Information”means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes your name, address, email address, telephone number, etc.

“Site, Courses, Services, and/or Products” means www.modernnutritionjournal.com, www.modernnutritionnw.com, Content (as defined herein), email list, newsletters, Modern Nutrition Journal Reflections, social media posts, blog posts, courses, coaching services, lectures, videos, group courses or programs, workshops, webinars, forms, guides, guides, eBooks, books, worksheets, workbooks, website materials, free resources, and/or templates available on the Site.

“Site” means www.modernnutritionjournal.com, www.modernutritionnw.com, and any and all of its associated pages, tabs, landing pages, forms, or sub-pages and “Content”, as defined herein.

“You” or “Your”means the user, customer, or viewer of the Site.

2. License to Use the Site

We grant you a non-exclusive, worldwide, non-transferable license to use the Site in accordance with the Terms of Use set out in this agreement. You may access the Site using a publicly available web browser commonly used to view websites, and you may print a copy of any page within the Site for your personal non-commercial use. You acknowledge and agree that we may alter or cease the operation of the Site at any time in our sole discretion, and the Site may be unavailable from time to time, including for maintenance purposes. We may terminate your license to use the Site without notice if you breach these Terms of Use.

3. Privacy

You agree that we will collect and manage your personal information supplied to us in accordance with our Privacy Policy. You agree to our Privacy Policy available on the Site. Please read our Privacy Policy for how we handle your personal information.

4. Posting Comments & Information

By posting or adding any content to the Site or posting or making comments to our blog or posting or making comments during webinars conducted by us, you grant us a perpetual, non-exclusive, royalty free, irrevocable, worldwide and transferable right and license to use that content in any way without limitation, and you permit us to authorize any other person to do the same thing. You consent to anything which we may do or not do in relation to your content which would otherwise be in breach of your rights. This includes that we may use your content without attributing you as the source of your content. You warrant to us that you have the right to grant any rights, licenses, consents or waivers required under these Terms of Use. By commenting on the Site, or submitting documents to Company via contact forms, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.

You must not: (a) alter the Site in any way except as permitted by these Terms of Use; (b) upload any data to the Site other than to submit text in a text form provided for that purpose.

You also must not add any content to the Site: (a) unless you hold all necessary rights and consents to do so; (b) that might cause a breach of any law or other obligation; (c) that might be defamatory, offensive, pornographic, obscene, profane, in breach of confidence or a similar obligation, threatening, abusive, liable to incite hatred or a breach of privacy; (d) that might be considered as spam or commercial advertising; and (e) that infringes any rights belonging to another person. You agree that we reserve the right to delete or block comments made by users at any time, for any reason, and without explanation. 

5. Disclaimer and Information Purposes Only

All Site Content, Courses, Services, and/or Products provided on the Site and provided by Modern Nutrition Journal are for informational & educational purposes ONLY. The information provided on the Site and the Content available on and through this Site are not intended to be a substitute for professional medical advice, diagnosis, or treatment, including medical nutrition therapy. By accessing and using the Site, Courses, Services, and/or Products, such use shall constitute your understanding and agreement that the Site, Courses, Services, and/or Products and Content are not professional medical advice and shall not be relied upon by you as such.

You should ALWAYS personally consult with your physician or another qualified health care professional FIRST before implementing any of the information or suggestions available on the Site. You should always personally consult with a physician or qualified health care professional before implementing any changes to your diet, medication, lifestyle, exercise regimen, supplement regimen, or health practices. Do not disregard or delay seeking medical advice after reading and/or interacting with this Site. All information and Content provided to you from this Site is for informational and educational purposes only, and you assume all risk of use of all information on this Site.

6. Information Is No Substitute for Professional Advice

The Content contained on this Site is not a substitute for the advice of your physician, medical professional, mental health professional, health care professional, primary care provider, or any other professional you consult or should consult. This Site simply contains informational and educational material and information. 

7. No Warranties, Guarantees, or Representations

We do our best to maintain the information and material on the Site, but we make no warranties, guaranties, or representations regarding the accuracy, completeness, reliability, quality, or fitness for purpose of any material or Content. We also make no warranties, guaranties, or representations that the information and Content on the Site is free of errors or that it pertains to your particular circumstances or health situation. Although we do our best to update the Site, we also do not guarantee that our Content is up to date or completely accurate.

We do not guarantee that any data, file or program available for download from or via the Site or from any website linked to our Site is free from virus or any other condition which might or could damage or interfere with data, hardware or software with which it might be used, and in accessing the Site, you assume all risk of use of all materials, programs and files on the Site. Prior to using any downloaded file you should carry out an appropriate virus check.

8. Examples and No Claims Made Regarding Results

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. While they are all accurate and authentic, we are not making any claims that YOU will also experience or receive the same or better results from using or purchasing Content from the Site, and/or using or purchasing anything from the Site, Courses, Services, and/or Products. Each client and his/her circumstances are unique, and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

9. No Endorsements and Links to Third-Party or External Websites

The Site may contain or include website links to third-party or external websites. Typically, these links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.

Moreover, any links to, mentions of, or features of various companies, products, or services are not in any way an endorsement of said company, product, and/or service by us. It does not mean that we guarantee your success, satisfaction, or safety with respect to said company, product, or service. You should only use or do business with one of those companies, products, or services after you have independently investigated it, assessed the applicable risk, and determined you would like to use or try it. 

10.  Intellectual Property

Unless otherwise indicated, all materials on the Site, including text, Content, graphics, design, names, logos, and underlying software are protected by copyright or trademark owned or licensed by us, and you acknowledge and agree that this is the case. Except as permitted by law, you must not modify, copy, reproduce, frame, upload to a third party, post, transmit or distribute the material except as provided for in these Terms of Use unless authorized in writing by Company beforehand. We permit the material on the Site to be downloaded to your computer for viewing and/or printing, as long as: (a) the material is kept intact and in the same form as presented on the Site (including any copyright, trademark, or other notice); (b) it is for your personal, non-commercial use; (c) it is used for a lawful purpose; and (d) the material is appropriately attributed to us or the source. Trademarks used on the Site belong to their respective owners. You must not use any trademark displayed on the Site without the express written permission of us or the third-party owner. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

11. Disclaimer of Liability

To the extent permitted by law, we disclaim any and all liability pertaining to your use, purchase, or download of Content from the Site, and/or Courses, Services, and/or Products from the Site.  You use the Site, Courses, Services, and/or Products at your own risk. We are not responsible or liable in any way for any and all loss or damages you receive directly or indirectly from your use, purchase, or download from our Site, Courses, Services and/or Products, or any website linked to the Site, including the transmission of any virus. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

12. Release

By using the Site or Purchasing, Downloading, or using the Company’s Courses, Services, and Products, you agree to release, forgive, and forever discharge Modern Nutrition NW, LLC, its subsidiaries (including but not limited to Modern Nutrition Journal), Krista Schaefer Pickle, owners, officers and directors, shareholders, members, employees, agents, representatives, assignees, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

13. Defense & Indemnification

You shall, at all times, indemnify, defend, and hold harmless Modern Nutrition NW, LLC, its subsidiaries (including but not limited to Modern Nutrition Journal), Krista Schaefer Pickle, and all of our owners, shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, agents, representatives, affiliates, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Modern Nutrition NW, LLC and Krista Schaefer Pickle (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms of Use or our Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.

14. Arbitration Clause

If you have any complaint or should any issue arise in the use of the Site or Modern Nutrition NW, LLC’s and/or Modern Nutrition Journal’s Courses, Services, and/or Products, please contact us directly first by emailing Krista Schaefer Pickle at modernnutritionjournal@gmail.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Modern Nutrition NW, LLC (and Modern Nutrition Journal and Krista Schaefer Pickle), shall submit your dispute to binding arbitration with the Arbitration Service of Portland, Inc., in accordance with the arbitration rules of the Arbitration Service of Portland, Inc. that are in effect at the time the arbitration is initiated.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held in Portland, Oregon. If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Oregon. The only award that can be issued to you is a refund of any payment made to Modern Nutrition NW, LLC for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.

15. Consent to Governing Law and Consent to Jurisdiction

These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Oregon. You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Oregon or a state court located within the State of Oregon in connection with any matter arising out of these Terms of Use, Privacy Policy, Disclaimer, or as a result of your use, download, or purchase from the Site, Courses, Services, and/or Products.

16. Consent to Service:

You hereby irrevocably agree that process may be served on you in any manner authorized by the laws of the State of Oregon for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Oregon.

17. Entire Agreement

These Terms of Use, our Privacy Policy and Disclaimer, constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.

18. Severability

The provisions of these Terms of Use are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms of Use are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms of Use as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

19. Contact Us

If you have any questions or concerns regarding these Terms of Use, you may contact us using the following information:

Website: www.modernnutritionjournal.com

Email: modernutritionjournal@gmail.com

Business Address: Modern Nutrition Journal, 619 Madison Street, Suite 102, Oregon City, OR 97045

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