Nutrié, LLC ("Nutrié"), operates websites located at http://www.nutrie.com, http://www.mynutrie.com, http://www.automaticbody.com, and elsewhere (along with all subdomains, collectively, the "Site") the Automatic Body mobile applications (the “Applications”) and the services available through those Sites and Applications (the “Services”).
Nutrié reserves the right to update and change, from time to time, this TOU and all documents incorporated by reference. You can find the most recent version of this TOU, as well as copies of Nutrié's other Policies and Agreements, at http://NutriePolicies.com. Use of the Site, Application or Services after such changes constitutes acceptance of such changes.
When accessing the Services through the Applications that were downloaded from an app store or app distribution platform, such as the Apple App Store or Google Play, (the “App Provider”), You acknowledge and agree that: (a) this Agreement governs the relationship between You and Nutrié, and has no relation to the App Provider, and that Nutrié is solely responsible for the Applications (not the App Provider); (b) the App Provider has no obligation to furnish any maintenance and support services with respect to the Applications; (c) in the event of any failure of the Applications to conform to any applicable warranty, (i) You may notify the App Provider and the App Provider will refund the purchase price for the Applications to You (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Nutrié's responsibility; (d) the App Provider is not responsible for addressing any claims You have or any claims of any third party relating to the Applications or Your possession and use of the Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (e) the App Provider, and its subsidiaries, are third party beneficiaries of this Agreement as it relates to Your license of the Applications, and that, upon Your acceptance of the terms and conditions of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to Your license of the Applications against You as a third party beneficiary thereof; and (f) You must also comply with all applicable third party terms of service when using the Applications.PUBLIC FORUMS
A "Public Forum" is any area, site or feature offered as part of the Site, Applications, and Services (including without limitation public profiles, discussion forums, message boards, blogs, chat rooms, emails or instant messaging features) that enables You (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other members or visitors. You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content You upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting same.NUTRIÉ DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON. You agree and understand that You may be held legally responsible for damages suffered by other users of the Site, the Application, the Services, or third parties as the result of Your remarks, information, feedback or other content posted or made available on the Services that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, Nutrié is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Services.
You represent and warrant that You shall not use the Site, Applications, and Services to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information; (d) incite, encourage or threaten physical harm against another; (e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of hard core illegal substances and drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this Agreement or any other Nutrié agreement, guidelines or policy, including, but not limited to, the Nutrié Brand Partner Rules and Regulations; or (i) is generally offensive or in bad taste, as determined by Nutrié (collectively, "Objectionable Content").
NUTRIÉ DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENTS OF THE SERVICES AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREON.
Without limiting any of its other remedies, Nutrié reserves the right to terminate Your use of the Site, Applications and Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. Nutrié, in its sole discretion, may delete any Objectionable Content from its servers and terminate your account and/or your ability to access your account, including your ability to access the Applications and Services. Nutrié may also take any and all such other action that is authorized pursuant to any and all other agreements that exist between it and you. Nutrié intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.PROHIBITED USES
Nutrié imposes certain restrictions on Your use of the Services. You represent and warrant that You will not: (a) "stalk" or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to Nutie or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) create more than one unique public profile; (e) harvest or otherwise collect information about Nutrié users, including email addresses and phone numbers; (f) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (g) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (h) attempt to probe, scan, or test the vulnerability of the Services, the Site, the Applications, or any associated system or network, or breach security or authentication measures without proper authorization; (i) interfere or attempt to interfere with the use of the Site, the Applications or the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (j) use the Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (k) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Services; (l) post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; or (m) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Nutrié Parties in providing the Site or Applications. Any violation of this section may subject You to civil and/or criminal liability, together with other remedies at Nutrié's disposal.
Your use of the Site, Applications, and Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO THROUGH THE SITE OR THE APPLICATIONS.
The following procedures shall apply:
If You have questions about this TOU or want to contact us, please send an email to email@example.com or write to us at:
8501 E. Princess Rd.
Scottsdale, AZ 85255