Nutritots

Terms and Conditions of Use - NutriTots Supplemental Feeding Program

AS OF DECEMBER **, 2024

TERMS OF USE

BY USING THE WEBSITE NUTRITOTS.ORG  (“WEBSITE”) OR SERVICES (“SERVICES”) PROVIDED BY NUTRITOTS YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF USAGE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE, NOR ANY OTHER SERVICE PRODUCED BY NUTRITOTS.

PLEASE NOTE: The Website Does Not Provide Medical Advice

The content, information, and suggestions contained on the Website, or Services provided by NutriTots, are provided by Registered Clinical Nutritionists and are not a substitute for consultation with a medical professional, (“Medical Care Providers”). However, if your child has underlying medical history, a one-on-one session may be offered, as the platform is managed by Registered Clinical Nutritionists. NutriTots renders professional advice, to individual users or their children or families, based on scientific evidence. No content on this site, regardless of date, should ever be used as a substitute for direct medical advice from your Medical Care Providers, therefore, users should consult physicians for specific health issues regarding their children. By accessing the content on the WEBSITE or the Services, you acknowledge and agree that you are accepting responsibility for your child’s health and well-being. Therefore, you waive any claims that you or your child may have as a result of utilizing the content on the WEBSITE. To the extent a user uses and considers content, information, opinions, and suggestions obtained on the Website, or the Services, the user does so at his or her own risk, and NutriTots and its owners, representatives and employees are not liable or responsible for any loss, injury, or damage.

NutriTots is not responsible for any actions or inaction on a user's part based on the information that is presented on the Website or the Services.  

If you think you or your child may have a medical emergency, immediately call your doctor, or local emergency services.

Reliance on any information provided by NutriTots, NutriTots’ employees, owners or representatives, others appearing on the Website at the invitation of NutriTots or other visitors to the Website is at your own risk.

The Terms of Use ("Terms") apply exclusively to your access to, and use of, the Website, and any services that may be offered through the Website (the "Services").  If you are using the Website or the Services on behalf of any entity, you state that you are authorized to accept these Terms and Conditions on the capacity that you act.

NutriTots reserves the right to change or modify any of the terms and conditions at any time and in its sole discretion.  Any changes will be effective immediately upon posting to them on the Website, and you waive any right you may have to receive specific notice of such changes or modifications.  If you continue to use the Website or the Services,  you are accepting  such changes.If you do not agree to the amended Terms, you must stop using the Website and the Services.

Privacy Policy

Users must read the Privacy Policy carefully before using the Nutritots Services. By using the Nutritots Services, users accept the Privacy Policy, on the date user accessed or used the services. 

By visiting and/or registering and/or requesting services from NutriTots, Users acknowledge and accept that the data they provide may be collected, used and transmitted, in accordance with the provisions of this Privacy Policy.

When Users access the Nutritots Platforms or use the Services, they may be asked to provide certain information which may include name, contact information, or credit or debit card information. Information may also be collected about their use of Nutritots and the services it offers, from messages, comments, or opinions they enter on Nutritots Platforms, or information such as your location, IP address, etc, may be collected from digital sources, such as computers, mobiles, among others, that you use to enter the Website or the Services.

The information that users provide to NutriTots will give them access to some sections of the Nutritots Platforms. NutriTots may also use the information  to manage, improve and develop its business, as well as to prepare statistics and analysis.

The information that Users provide to NutriTots or that NutriTots collects as mentioned above, will be transmitted and stored on the servers of NutriTots or those contracted by them for such purposes. The user accepts that their data and information may be transferred, stored and processed by NutriTots or these third parties for such purposes.

NutriTots may disclose the information that Users provide due to any authority request.

NutriTots will adopt all measures that, in its judgment, are reasonable to protect the information that users provide and supply. Without prejudice to the foregoing, NutriTots cannot guarantee the security of the information that Users provide and supply.

Users undertake to inform NutriTots immediately of any improper use of their usernames and passwords, as users are solely responsible for any use of their usernames and passwords…

Copyright and Limited License

Unless otherwise indicated on the Website, the Website and all content and other materials therein, including, without limitation, the NutriTots logo, trademarks, service marks, copyrights, intellectual property and all designs, text, graphics, photographs, pictures, information, videos,  data, software, sound files, and other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of NutriTots or its parent, licensors, subsidiaries, affiliates, or users.

Unless otherwise noted, NutriTots and all other trademarks, service marks, trade names, and logos displayed on the Services are the trademarks, service marks, trade names, and logos of NutriTots. All other trademarks, service marks, trade names, and logos of affiliates or providers of NutriTots are the property of their respective owners. Nothing on the Services shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, trade name, or logo displayed on the Services without the owner's prior written permission. Unauthorized use of the name NutriTots and all other trademarks, service marks, trade names, and logos displayed on the Services is strictly prohibited.

Site Materials may not be copied, reproduced, republished, uploaded, posted, re-delivered using framing technology, transmitted, displayed, performed, distributed or used in any way without NutriTots’ prior written permission. Any deviation or other use is not permitted without NutriTots’ prior written permission.  No permission is granted to use the Website icons, addresses or other means to hyperlink other web sites with any page in the Website.

The Site Materials posted on this Website are protected by copyright laws. NutriTots authorizes you to view or download a single copy of the Site Materials solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: "NutriTots, All rights reserved" and other copyright and proprietary rights notices that are contained in the Site Materials. You are granted this limited, nonexclusive, non-sub-licensable license to access and use the Website and print one hard copy of the Site Materials for your informational, non-commercial, and personal use only.  Such license is subject to these Terms and does not include:  (a) any resale or commercial use of the Website or the Site Materials; (b) the collection and use of any pictures or descriptions; (c) the distribution, public performance, or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Website, Site Materials, or any information contained therein, except as expressly permitted on the Website; or (g) any use of the Website or the Site Materials other than for its intended purpose.  Any use of the Website or the Site Materials other than as specifically authorized herein, without the prior written permission of NutriTots, is strictly prohibited and will terminate the license granted herein.  Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.  Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.  This license is revocable at any time.

Repeat Infringer Policy; Copyright Complaints

NutriTots may terminate in appropriate circumstances and at its sole discretion, subscribers or account holders. NutriTots may at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others.

Trademarks

The name NutriTots, the NutriTots logo and any other product, photos, videos, graphics, among others, or service names or slogans contained in the Website are property or under license to NutriTots or its parent, subsidiaries, licensees or affiliates, and are protected by copyrights, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of NutriTots or the applicable trademark owner.  All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Website are the property of their respective owners.  Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

Third Party Content, Advertising and Business Dealings

We may provide Third Party Content on the Website and may provide links as a service to those interested in this information.  We do not monitor or have any control over any Third Party Content or third party websites.  We do not adopt any Third Party Content and can make no guarantee as to its accuracy or completeness, although for products we recommend, we have provided our opinions to help you make informed choices.  We do not represent or warrant the accuracy of any information contained therein and undertake no responsibility to update or review any Third Party Content.  Users use such Third Party Content contained therein at their own risk.

Submissions

You acknowledge and agree that any materials, including, but not limited to, questions, comments, suggestions, ideas, , or any other information regarding NutriTots, our Website, or our products or services that you provide to us (“Submissions”) are non-confidential and shall become the sole property of NutriTots, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without credit, acknowledgement or compensation to you.  

User Content and Interactive Services or Areas

The Website may include interactive areas or services ("Interactive Areas") in which you or other users meet, post questions, or other items or materials on the Website ("User Content").  You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk, and you agree not to post, upload or transmit any unlawful, defamatory, obscene, indecent, threatening, viruses, or fraudulent content

Also, questions asked in the group chat will be answered by nutritionists, who are nutritionists  but not physicians. The answers provided do not constitute medical advice, and users are advised to seek medical guidance for any specific queries.

As a provider of interactive services, NutriTots is not liable for any statements, representations, or User Content provided by its users in any Interactive Areas. Although NutriTots has no obligation to screen, edit, or monitor any of the User Content posted in any Interactive Area.

Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website.

Eligibility

Our Website is not intended to be used by children under the age of 18. In order to be eligible to register on and use the Website, you must be at least 18 years old. Therefore, you represent and warrant that you are 18 years of age or older to participate on the Website.

Site Security

You agree not to violate or attempt to violate the security of the Website, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account that the user is not authorized to access; (b) attempting to reverse engineer, probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without our prior written authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (d) sending unsolicited messages, including promotions and/or advertising of products or services; or (e) forging any packet header or any part of the header information in any email, message, newsgroup or social network posting.  Violations of system or network security may result in civil or criminal liability.  We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.

Indemnification

You agree to defend, indemnify, and hold harmless NutriTots, its parent, licensors, subsidiaries, affiliates, independent contractors, service providers, and consultants, and their respective members, directors, assignees, employees, licensees, representatives and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of our Services, any User Content you post, store, or otherwise transmit on or through the Site, or your use of the Interactive Areas, including, without limitation, any actual or threatened suit, breach or alleged breach, demand, or claim made against NutriTots, its parent, members, licensors, subsidiaries, affiliates, independent contractors, service providers, and consultants, and their respective members, directors, assignees, employees, licensees, representatives and agents, arising out of or relating to the User Content, your conduct, your violation of these Terms, or your violation of the rights of any third party. Further, you agree to indemnify, hold harmless and defend NutriTots, its parent, licensors, subsidiaries, affiliates, independent contractors, service providers, and consultants, and their respective members, directors, assignees, employees, licensees, representatives and agents, from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to reasonable attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of this Agreement.

Disclaimer

THE USE OF THE WEBSITE, THE PUBLICATIONS AND THE SERVICES IS AT YOUR OWN RISK.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING SIGNED BY NUTRITOTS, THE WEBSITE, THE SITE MATERIALS CONTAINED THEREIN, AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NUTRITOTS AND ITS PARENT, LICENSORS, SUBSIDIARIES, AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND CONSULTANTS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, ASSIGNEES, EMPLOYEES, LICENSEES, REPRESENTATIVES AND AGENTS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS ON THE WEBSITE. NEITHER NUTRITOTS NOR ITS PARENT, LICENSORS, SUBSIDIARIES, AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND CONSULTANTS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, ASSIGNEES, EMPLOYEES, LICENSEES, REPRESENTATIVES AND AGENTS REPRESENT OR WARRANT THAT THE MATERIALS ON THE WEBSITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS.  WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE WEBSITE AND THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Without limiting the foregoing, NutriTots, its licensors, and its suppliers make no representations or warranties about the following:

The accuracy, reliability, completeness, currentness, or timeliness of the Site Materials, the Publications, software, links, or communications provided on or through the use of the Website.

The satisfaction of any government regulations requiring disclosure of information on prescription drug product, food products or the approval or compliance of any software tools with regard to the Site Materials and the Publications on the Website.

Limitation of Liability

THE USE OF THE MATERIALS, SUGGESTIONS, AND CONTENT IS EXCLUSIVELY OF THE USER'S RESPONSIBILITY. IN NO EVENT SHALL NUTRITOTS, ITS  PARENT, LICENSORS, SUBSIDIARIES,  AFFILIATES OR THEIR RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, LICENSORS, LICENSEES, ASSIGNEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PHYSICAL OR PERSONAL INJURY, DEATH, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE PUBLICATIONS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM NUTRITOTS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES EVEN IF NUTRITOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

Applicable Law 

Even though the services are prepared to be used worldwide, through electronic means, such services are managed in Guatemala, therefore, these Terms and your use of the Site shall be governed by and construed in accordance with the laws of the Republic of Guatemala.  You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the courts located in Guatemala City, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms. In the event we seek injunctive relief, we shall not be required to post a bond.

You agree that any cause of action arising out of or related to the Services or this Agreement must be commenced within one (1) month after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Termination

Notwithstanding any of these Terms, NutriTots reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site.

Severability

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Assignment 

NutriTots may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms and the Privacy Policy constitute the entire agreement between you and NutriTots with respect to the use of the Website, the Publications and the Services.

Contact Information

Questions or comments about the Site may be directed to:

E-mail us at [email protected]