TERMS OF USE

Date of last revision: September 1, 2014.

IMPORTANT - PLEASE READ THESE TERMS OF USE. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES (see Section 6), LIMITATIONS OF LIABILITY, AN EXCLUSIVE REMEDY (see Section 7), THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS (see Section 9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

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”).

THIS IS A BINDING AGREEMENT. By using the Services, you ("You") agree to be bound by the terms of this Terms of Use Agreement ("TOU") and the Nutrié Privacy Policy, located at: http://nutrieprivacypolicy.com ("Privacy Policy").

If You do not wish to be bound by the TOU and Privacy Policy, You must leave this Site immediately and refrain from using the Applications and Services. Your further use of the Application, Site and Services will be considered express acceptance of the terms of this TOU and the Privacy Policy.

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.

  1. Nutrié's License to User Content.
    1. You grant Nutrié a license to use any and all materials and information You submit through the Site, Application and Services. By providing, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") through the Site, Application and Services, You are granting Nutrié, its affiliates, members, managers, employees, consultants, agents, and representatives, including but not limited to designated Nutrié Brand Partners, a license to use User Content in connection with the operation of the business of Nutrié, its affiliates, members, managers, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content used by Nutrié. You agree that Nutrié may publish or otherwise disclose Your name in connection with Your User Content. By posting User Content through Your use of the Site, Application and Services, You warrant and represent that You own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content, and that You are a resident of the United States.

  2. Nutrié Intellectual Property.
    1. Our Site, the Applications, and the Services, as well as all of the contents of each (collectively, the "Intellectual Property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned, licensed to, or controlled by Nutrié or the party credited as the provider of the intellectual property. Additionally, the Site and the Applications may be protected by copyright as collective works or compilations or both.
    2. No portion of this Site or the Applications may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly authorized by Nutrié in writing.
    3. You may use the Services and purchase products as applicable, through the Site or the Applications. You must keep intact all copyright, trademark and other notices contained in Your personal copies. Except as otherwise provided in this TOU, You may not reproduce or allow others to reproduce Your personal copies of downloaded materials, nor may You make them available electronically without Nutrié's express written consent. You may not save or archive a significant portion of the material appearing on the Site or the Applications. You may not attempt to alter or modify the content posted on the Site or through the Applications. Except as expressly set forth in this TOU, You may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our Intellectual Property or the Site itself.

  3. Use of the Site, the Applications, and the Services. You may not use the Site, the Applications, or the Services for any purpose that is unlawful or prohibited by this TOU, or Nutrié's Brand Partner Rules and Regulations (if You are a Brand Partner) or cause damage on or through this Site or the Applications. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of this Site, or the Applications, except those automated means that Nutrié has expressly approved in writing in advance. You hereby represent and warrant that none of Your communications with or through the Site or the Applications will violate any applicable local, state, national or international law.

    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.

  4. Payments. You agree that You will pay for all products and services You purchase through the Site, Application and Services, and that Nutrié may charge Your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with Your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING NUTRIé WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time You download the product. Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

    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.

  5. Third Party Sites, Applications and Services. The Site and the Applications may contain links to other websites and applications owned by third parties. Your use of each of those websites and applications is at Your own risk and is subject to the terms of those sites. Nutrié has no control over websites and applications that are not Nutrié's, and Nutrié is not responsible for any changes to or content on them. Nutrié assumes no responsibility for the content of or services offered by third-party websites and applications, and makes no representations regarding the accuracy of materials on third-party websites and applications. Statements made on third-party websites and applications linked to or from this Site or Applications reflect only the views of their authors and not of Nutrié. Nutrié's inclusion on the Site or Applications of any third-party content or a link to a third-party website or application is not an endorsement of that content or third-party website or application.

  6. Disclaimer of Warranties.
    1. NUTRIÉ DOES NOT GUARANTEE THE ACCURACY OF INFORMATION FOUND ON THE SITE, IN THE APPLICATIONS, OR THROUGH ITS SERVICES. USE OF THE SITE, THE APPLICATIONS, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE, THE APPLICATIONS OR ITS SERVICES IS AT YOUR SOLE RISK. THE SITE, THE APPLICATION AND THE SERVICES AND ALL CONTENTS OF EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
    2. NUTRIÉ DOES NOT WARRANT THAT THE SITE, THE APPLICATIONS, OR THE SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE, THE APPLICATIONS, OR THE SERVICES WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE, THE APPLICATIONS, OR THE SERVICES WILL BE CORRECTED, OR THAT THE SITE, ITS APPLICATIONS, OR THE SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. NUTRIÉ IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SITE, THE APPLICATIONS, OR THE SERVICES.
    3. NUTRIÉ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE, THE APPLICATIONS, OR THE SERVICES, IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE NUTRIÉ MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE OR THE APPLICATIONS CONTAIN ALL THE RELEVANT INFORMATION AVAILABLE ABOUT NUTRIÉ. NUTRIÉ UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
    4. NUTRIÉ DOES NOT REPRESENT THAT THE SITE, THE APPLICATIONS, THE SERVICES, OR ANY DATA ACCESSED WHILE USING THE SITE, THE APPLICATIONS OR THE SERVICES IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
    5. NUTRIÉ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, THE APPLICATIONS, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE, THE APPLICATION OR THE SERVICES, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SITE, THE APPLICATIONS, AND THE SERVICES AS WELL AS ANY DATA ACCESSED WHILE USING THE SITE, THE APPLICATIONS OR THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  7. Limitation of Liability.
    1. NUTRIÉ IS NOT LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE, THE APPLICATIONS, OR THE SERVICES BY YOU OR BY THIRD PARTIES OR ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED WHILE USING THE SERVICES, YOUR USE OR INABILITY TO USE OR ACCESS THE SERVICES, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY EVEN IF YOU HAVE ADVISED NUTRIÉ IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION.
    2. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, NUTRIÉ IS FOUND LIABLE UNDER ANY THEORY, NUTRIÉ'S LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SITE AND ITS SERVICES AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO MONEY DAMAGES NOT TO EXCEED $1,500.00.
    3. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN SECTIONS 6 AND 7. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN SECTIONS 6 AND 7 MAY NOT APPLY TO YOU. IN SUCH CASE, THE TERMS OF SECTION 10 (e) (SEVERABILITY) BELOW WILL APPLY.

  8. Indemnification. You will defend, indemnify and hold Nutrié and affiliates, members, managers, employees, consultants, agents, and representatives, including but not limited to designated Nutrié Brand Partners, harmless from any claim or demand, including attorneys' fees and costs, made by any third party in connection with or arising out of Your use of the Site, the Applications, and the Services, Your violation of any terms of this TOU, Your violation of applicable laws, Your violation or breach of any other agreement with Nutrié, Your violation of Nutrié's Brand Partner Rules and Regulations, or Your violation of any rights of another person or entity.

  9. Arbitration.
    1. EXCEPT AS MAY HAVE BEEN OTHERWISE EXPRESSLY AGREED BY AND BETWEEN YOU AND NUTRIÉ (SUCH AS THROUGH A BRAND PARTNER AGREEMENT, PREFERRED CUSTOMER AGREEMENT, OR YOUR CONSENT TO BE BOUND BY THE BRAND PARTNER RULES AND REGULATIONS), AND EXCEPT FOR ANY AND ALL CLAIMS RELATED TO YOUR ALLEGED INFRINGEMENT OF ANY OF NUTRIÉ'S INTELLECTUAL PROPERTY RIGHTS, YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND NUTRIÉ, ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY AN ARIZONA STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA").

      The following procedures shall apply:

      1. Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period in Arizona following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth below.
      2. In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail. The arbitration shall be conducted by the American Arbitration Association (“AAA”), and shall be conducted using the then current AAA commercial rules and regulations (except as varied by this agreement). The arbitration shall take place at the AAA Phoenix Regional Office, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
      3. Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement.

  10. Miscellaneous.
    1. Complete Agreement. This TOU and the Privacy, together with any executed Brand Partner Agreement, Preferred Customer Agreement, and Brand Partner Rules and Regulations (if applicable), constitute the entire understanding between Nutrié and You respecting use of the Sites and the Applications, superseding all prior agreements between You and Nutrié. If there is any conflict between the terms this TOU and those in the Privacy Policy, the terms of this TOU will control, except to the extent that the Privacy Policy imposes additional restrictions and liabilities on Your actions. If there is any conflict between the terms of this TOU and those in the Brand Partner Agreement, Preferred Customer Agreement, and Brand Partner Rules and Regulations, the terms of the Brand Partner Agreement, Preferred Customer Agreement, and Brand Partner Rules and Regulations will control, except to the extent that this TOU imposes additional restrictions and liabilities on Your actions.
    2. Governing Law; Jurisdiction; Attorneys' Fees. This Site and the Application (excluding linked sites and applications) are operated by Nutrié from its offices in Arizona, United States of America. Although a purchase from outside the United States is strictly prohibited, the Site and Applications can be accessed worldwide. As each of these jurisdictions has laws and regulations that may differ from those of Arizona, by accessing this Site or Applications, or purchasing, subscribing, or otherwise using the the Services, You and Nutrié agree that the laws of Arizona (expect for conflicts of laws principles) will apply to all matters relating to use of this Site and the Applications. If for any reason, the Arbitration provision required in Section 9 above is deemed inapplicable or unenforceable, exclusive jurisdiction must lie with the courts of Arizona in the County of Maricopa for all disputes, actions or proceedings arising out of or relating to Your use of the Site and Applications. In any dispute that arises out of the relationship of Nutrié and You, including tort claims, the prevailing party will be entitled to attorneys' fees and costs.
    3. Time to Bring a Claim. Regardless of any applicable law to the contrary, any claim or cause of action arising out of or related to the Service, or the use of the Site or the Applications, must be brought within one year after such claim or cause of action arose.
    4. English Language Controls. This English-language TOU is Nutrié's official agreement with users of this Site. In case of any inconsistency between this English-language TOU and its translation into another language, this English-language document controls.
    5. Severability. If a provision of this TOU is held to be illegal, invalid or unenforceable, then: (i) it must be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of this TOU must not be affected or impaired.
    6. Waiver. No failure or delay on the part of Nutrié in exercising any right, power or remedy under this TOU may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other right, power or remedy under this TOU.

  11. ACKNOWLEDGEMENT.

    BY USING THE SERVICE OR ACCESSING THE SITE OR THE APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

If You have questions about this TOU or want to contact us, please send an email to compliance@nutrie.com or write to us at:

Nutrié LLC
8501 E. Princess Rd.
Suite 210
Scottsdale, AZ 85255
Tel: 1-855-493-6106  

Nutrié and AutomaticBody Terms of Use V.140901.1