WEBSITE TERMS AND CONDITIONS OF USE: USER'S ACKNOWLEDGEMENT AND AGREEMENT

 

 

Spencer Delling, doing business as Rapha Nutrition, (“we” or “us”) provides the Rapha Nutrition website (www.raphanutrition.com) and other sundry associated services (the “site”/”website”) to you, the user, exclusively subject to your compliance with the terms provided in this agreement and any other agreements extant between you and us. Furthermore, if and when utilizing specific services or materials located on the site, guidelines and rules related to such will be in operation in addition to these terms. All of the above constitutes the Terms of Use. Operation and use of this site indicates your agreement to these Terms of Use. If you do not wish to be bound by such, immediately exit this site.

 

We provide a number of services including, but not limited to, recipes, meal planning, nutrition advice, blogging, coaching, video products, and other products and services. We are not responsible for supplying the equipment needed to utilize these services. Any and all changes to the website, www.raphanutrition.com, may be made freely, without liability, by us at any point and without notice to the user. All changes will be subject to these same terms of use.

 

You are responsible for your conduct while on this site, including abiding by all laws and regulations. Additionally, if posting any information on this site via blog, chat, or other means, you agree by use of this site to refrain from commenting, sharing, uploading, posting, or otherwise disseminating any and all content that:

 

  1. is fraudulent, libelous, unlawful, harassing, sexual, violent, threatening, invasive, explicit, pornographic, or in any other way inappropriate as deemed so by us;

  2. victimizes, harasses, or degrades any person or group;

  3. usurps the rights provided by intellectual or property rights, including copyright, trademark, and right of publicity;

  4. may be construed as spamming or unsolicited advertising or any form of unauthorized solicitation;

  5. contains software viruses or any other computer code, files, or program meant to harm or inhibit the ability of a piece of technology or a program to function or to extract personal data

  6. impersonates any group or person or entity.

 

 

Any item uploaded or posted by a user of this site is not endorsed by Rapha Nutrition, nor are we held liable for such. We do not facilitate or supervise the posting of autonomous users who visit this site.  We do, however, reserve the right to remove any content at our discretion, particularly for violations contained in this agreement or for any other reason, yet are not liable for third party content that is not removed. Use of this site implies your consent to allow such removal of content you may post. Your use of this site is limited to your account alone and may not be extended to gain unauthorized access to any account, server, or other area which is not part of your personal account.

 

Use of this site also constitutes your agreement that we may cancel and suspend your account without prior notice and indefinitely at our discretion, but especially for violations of this agreement. And you will cooperate in the event of an investigation of security or term violations.

 

Reference to and inclusion of third party sites is a normal function of this website. You may access links and other outside sources in addition to the materials Rapha Nutrition provides. We are not held liable for such references and external links and are not responsible for monitoring their content as they are outside our domain of control. Such outside resources are for informational use only and does not create a relationship or endorsement with or by Rapha Nutrition. We are not responsible for the accuracy or content on these pages, websites, and sources.

 

Definition of terms: “content” - any information, data, communications, software, photos, video, graphics, music, sounds, chats, message boards, original content, and other material and services that can be viewed by users on our site and it is agreed by the user that content on this site is the sole property of Rapha Nutrition. Content may only be used at the express permission of Spencer Delling/Rapha Nutrition or of the original content provider/creator. You are responsible for obtaining permission to use copyrighted material displayed on this site. All material that is the property of Rapha Nutrition may be used for personal use only. No protocols, documents, or other content may be reproduced unless as a sole copy for single use without the permission of Rapha Nutrition in writing beforehand. No part of these Terms of Use permits the use of any trademark, logo, or name including Rapha Nutrition.

 

Communication or material that you transmit to Rapha Nutrition or this website by any means is hereby categorized as non-confidential and non-proprietary.

 

Any video and/or audio logs such as nutrition consults, health and wellness coaching, webinars, classes, programs, and other services may be recorded and retained by Rapha Nutrition for future use for business purposes. Please submit a request in writing to request otherwise: raphanutrition@outlook.com.

 

ALL MATERIALS AND SERVICES ON THIS SITE ARE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY, INCLUDING, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

 

THIS SITE COULD INCLUDE ERRORS AND MISTAKES AND MAY HAVE MATERIALS OR SERVICES THAT ARE OUT OF DATE.  WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

 

All purchases and interactions with merchants and services through use of this site including but not limited to delivery, payment, and guarantees, are transactions and agreements made between you and the other party alone. Rapha Nutrition does not supply or endorse any warranty relating to such transactions and you conduct such at your own risk.

 

Any content supplied through this site from outside sources may represent opinions and information from various providers and sources external to Rapha Nutrition and is not endorsed by Rapha Nutrition. Furthermore, we are not held responsible for the information provided in such content or any information that is not the express opinion of Rapha Nutrition.

 

Your use of this site further indicates acknowledgment that you agree that services and products at raphanutrition.com are “as is” and we are not held liable for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. If you live outside California, check your own state regulations to assess exceptions to this polity and Terms of Use in your personal case.

 

NO content in any form on this website is intended to be used as professional or medical advice or to replace medical care or care in any field including psychological, legal, and financial assistance. Statements made on this website by Rapha Nutrition/Spencer Delling are solely informational and are not and should not be taken as medical or professional advice. Any condition, symptom, or concern you have relating to your medical, emotional, and mental wellbeing should be brought before a physician. We do not diagnose or treat any condition. We furthermore do not make any guarantees regarding any advice, supplement, protocol, or other action suggested or supplied by Rapha Nutrition and this website. We will not be held liable for any damages or losses including but not limited to material, economic, direct, indirect, consequential, injury, morbidity, or mortality. By use of this site you agree that you are alone responsible for your decisions, life, and health and agree not to hold us liable for use of this website for any reason. Do not delay in seeking medical or professional advice for any reason, or due to information found on this site. For emergencies, call 911. Do not use the content provided by us to diagnose yourself or construct a treatment plan for a condition you have or believe you may have.

 

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

 

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

Communications such as groups, email, blogging, and more may be offered on our website at any time. To help protect our guests from spamming, we may use programs to monitor communications. Due to the inherent fallibility of these programs and devices, we will not be held liable for any content that is blocked or not blocked and for the routine or automated deletion of emails and messages.

 

These Terms also outline that we may cancel your account, suspend all services, and delete or deactivate your account at any time, without notice, and for any reason. We will not be held liable for any loss of information connected to your account.

 

Upon access of this site, you agree to be governed by the laws of the state of California where Rapha Nutrition exists.

 

Notices will be mailed to us at raphanutrition@outlook.com. Notices required by you will be sent to the information on file as provided by you.

 

This agreement shall in no way be altered or supplemented and, should a conflict be found between this agreement and another document, these terms shall take precedence.

 

This agreement further details that, in the course of delivery of products ordered from this website, delay or failure to deliver due to events beyond our control will not be held the responsibility of Rapha Nutrition. 

 

No delay or failure to enforce or pursue the provisions contained herein may constitute a waiver of these Terms of Use. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended.

 

All items contained within these Terms of Use are cumulative as well as in addition to a any other terms available to either party at law, in equity, or otherwise

 

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Consent to communicate with Rapha Nutrition via electronic means such as email is indicated by a visit to our website or sending an email to us, thus showing consent to receive emails from us. Additionally, it indicates that use of electronic means to send documents of all types satisfies any existing legal requisite to send communications in writing.  A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

 

Please send any inquiries or reports of policy violation to Spencer Delling at raphanutrition@outlook.com.

 

 

Last modified 28Feb2020

Rapha Nutrition. 798 Dorothy Way, Auburn, CA 95603. In-person and remote consults serving Gold Country, CA and beyond. 

Notice: The content and information on this website is for informational purposes only and is not meant to replace or substitute advice provided to you by your physician or health care team. Do not use any content on this website to diagnose or treat any health condition, including diseases or symptoms. Always consult a medical professional in your health care team before making changes such as: taking medications, supplements, tinctures, or any nutritional or herbal protocols or changes. Immediately contact your doctor if you suspect you have a medical problem. Do not disregard professional medical advice or delay in seeking medical treatment because of any information you have seen or read on this website. This website in no way replaces your current medical care and does not establish any form of doctor-patient relationship between you and any doctor affiliated with our website. The Food and Drug Administration (FDA) has not evaluated the information on this website regarding dietary supplements. No information on this site is intended to: diagnose, treat, cure, or prevent any disease.