About Us

General

NutriSess Fitness Solutions, Inc. provides this site for informational purposes only and is not intended to replace the advice and guidance of your physician and health providers. Always seek the advice of your physician or other qualified health provider prior to starting any new diet or exercise program and with any questions you may have regarding any medical condition. The creators, distributors, producers of this site disclaim any liability or loss in connection with the content provided here. NutriSess Fitness Solutions, Inc. is not responsible for decisions made based on information on this website.

This site is not intended to be used for estimating energy (calorie) and nutrient requirements for children under 2 years of age. Currently all available pre-planned Meal Plans are designed for adults, however energy and nutrient requirements may be estimated for all individuals over the age of 2. Energy and nutrient requirements may be estimated for pregnant and lactating women. Recommended values for nutrients are calculated for the general popluation and should not be used without the advice of your personal physician as individual values can vary based on your personal medical history

Indemnity By Member

You agree to defend, indemnify and hold harmless NutriSess Fitness Solutions, Inc., its officers, directors, employees, agents, franchisee's and third parties, from any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use and activities while using this subscription service, including any breach by you of the terms of this Agreement.

Confidentiality of Member Information

NutriSess Fitness Solutions, Inc. will keep confidential all information supplied by you to this site, except as required by law.

Proprietary Interests and Rights

NutriSess Fitness Solutions, Inc. owns and retains other proprietary rights in this subscription service. The service contains the copyrighted material, trademarks and other proprietary information of NutriSess Fitness Solutions, Inc. and its licensors.

Disclaimer of Warranty

NutriSess Fitness Solutions, Inc. provides this subscription service on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in any communication with NutiSess Fitness Solutions, Inc., or its representatives, or otherwise with respect to the subscription service. NutriSess Fitness Solutions, Inc. specifically disclaims any implied warranties of merchantability fitness for a particular prupose, or noninfringement. NutriSess Fitness Solutions, Inc. does not warrant that your use of this subscription service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected.

Limitation of Liability

In no event will NutriSess Fitness Solutions, Inc. be liable (1) to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use this subscription service, even if NutriSess Fitness Solutions, Inc. or its agents or representatives know or have been advised of the possibility of such damases or (2) to any person other than you. Notwithstanding anything to the contrary contained herein, NutriSess Fitness Solutions, Inc.'s liability to you for any cause whatsoever, and regardless of the form of thhe action, will at all times be limited to the amoutn paid, if any, by you to NutriSess Fitness Solutions, Inc. for the service during the term of your subscription. In addition, NutriSess Fitness Solutions, Inc. disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users, or "hackers") of this subscription service.

State by State Variations

Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.

General Provisions

You agree that Texas law (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the federal and state courts of Texas. This Agreement, accepted upon registering for this subscription service, contains the entire agreement between you and NutriSess Fitness Solutions, Inc. regarding the use of the Service. This Agreement may only be amended upon notice by NutriSess Fitness Solutions, Inc. to you, or by a writing signed by you and an authorized official of NutriSess Fitness Solutions, Inc. Unless otherwise explicitly stated, the Terms will survive termination of your subscription to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement: We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. We may also in our sole discretion decide to terminate a user's rights to use or access to the Site prior to that time if we have a good faith belief that the alleged infringement has occurred.

Last updated: October 13, 2005