Updated December 23, 2022
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.
By proceeding on the Site, you hereby agree to the following:
• “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
4. Posting Comments & Information
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
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
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.
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
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 firstname.lastname@example.org.
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
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
19. Contact Us
Business Address: Modern Nutrition Journal, 619 Madison Street, Suite 102, Oregon City, OR 97045