By using any of the Services and the Website, you expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and jclarkefitness.com/nutrition-hub in relation to your use of the Website and/ or the Services and applies to all users of the Services, whether registered or not, on the Website.
As used in this Agreement, “ https://app.jclarkefitness.com", "we," "us," and "our" shall mean the Nutrition Hub and its subsidiaries and affiliates. By accessing or using the services available through our website (the "Services"), and you agree to be bound by these Terms of Service. These Terms do not alter in any way the terms or conditions of any other agreement you may have with the Nutrition Hub for its services or otherwise.
We may, at our sole discretion, modify or revise these Terms of Service, policies and price of services such as of the Nutrition Hub at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. In the interest of clarity it is stated that any free or discounted service such as “Trial Period” can be converted into paid subscription service or shall be charged at full price at any given time. Although we may attempt to notify you, when major changes are made to these Terms of Service of the Nutrition Hub , you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.
THIS IS A LEGAL AGREEMENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD DISCONNECT THE NUTRITION HUB AND CEASE USING IT.
Applicable Laws shall mean and include all applicable statutes, enactments, acts of legislature or parliament, provincial laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of Ireland.
Content means report text, graphics, images, music, software, audio, video, information or other materials.
You/User is a person who purchased the Nutrition Hub products or services and or completes the Nutrition Hub’s account registration process.
Representative means, an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, distributors and attorney associated with the company.
Site(s) or Website(s) means https://app.jclarkefitness.com
Third-Party means products and services offered by the organization/individual who is not a party to this Agreement.
Nutrition Information Disclaimer
The publisher of the the Nutrition Hub Website is not registered dietitian. The recipes provided to you by the Nutrition Hub are produced for informational purposes only. Statements within this site have not been evaluated or approved by the Food and Drug Administration, i.e. Ireland Health Products Regulatory Authority (HPRA). This Website is not intended to cure, prevent, diagnose or treat any disease. Content should not be considered a substitute for professional medical advice, expertise or treatment.
Before starting a new health program or diet, the reader assumes full responsibility for consulting a qualified health professional regarding health conditions or concerns. The Nutrition Hub is not responsible for adverse reactions, effects, or consequences resulting from the use of any suggestions or recipes or procedures undertaken hereafter.
This Website is not intended as nutritional advice, and readers of this Website are ultimately responsible for all decisions about their health. This Website may offer estimated nutritional information for recipes contained on this Website, such as fat, carbs, total calories etc. This information is provided as a courtesy and is not guaranteed to be accurate. This nutritional information comes from online calculators. Although the Nutrition Hub attempts to provide accurate nutritional information, these figures are only estimates. Various factors can change the nutritional information in any given recipe. These factors include but are not limited to the brands used for the products. Also, different online calculators sometimes provide different results based on their algorithms and nutrition facts. Under no circumstances will the Nutrition Hub be responsible for any loss or damage resulting from your reliance on the nutritional information that may be provided.
To obtain the most accurate representation of the nutritional information in any given recipe, you should calculate the nutritional information with the ingredients you use in your recipe, using your preferred nutrition calculator or your nutritionist or medical professional. You are solely responsible for ensuring that any nutritional information obtained is accurate.
We are not responsible for adverse reactions, consequences or effects resulting from using any recipes or suggestions herein or procedures are undertaken hereafter.
Users will not use the Services if any applicable law in their country prohibits them from doing so and or have not previously been their right to use the Services suspended or terminated. You agree to release Company, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of our Services. If at any time you are not happy with the product or the Services or object to any Content, your sole remedy is to cease using them.
The Services provide users with guidance and information on how to improve their fitness, health and nutrition, but THE SERVICES ARE NOT A MEDICAL ORGANIZATION, AND YOU SHOULD NOT RELY ON THIS GUIDANCE AND INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD CONSULT A PHYSICIAN BEFORE BEGINNING A NUTRITIONAL PROGRAM. Our recommended nutritional meals, even if they are tailored to individual users, should not be misconstrued as medical advice, diagnoses or treatment. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. THE USE OF ANY INFORMATION OR PROGRAMS PROVIDED ON THE SERVICES IS SOLELY AT YOUR OWN RISK.
In becoming a user of the Services, you affirm that a physician has specifically approved your use of the Services, OR that all of the following statements are true:
- your physician is not currently prescribing drugs for your blood pressure or heart condition;
- you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems;
- you do not have a condition of high-cholesterol, diabetes, obesity or arthritis; and
- you do not know of any other reason you should not follow a Nutritional Program.
When you send an e-mail or chat electronically with the Nutrition Hub, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that the Nutrition Hub provides to you electronically satisfy legal requirements that such communications be in writing.
You will not you will not prepare the replica of our product and or use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the product and Content, except as expressly permitted by the Nutrition Hub or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
The Nutrition Hub shall not be liable on account of any inaccuracy of information on this Website. It is the responsibility of the visitor to further research the information on the Website. The user undertakes not to duplicate, download publish, modify and distribute material on the Nutrition Hub unless specifically authorized by the Nutrition Hub in this regard.
The Nutrition Hub Services rely on or inter-operate with third party products and services Any and all contents and services (including advertising) within the Nutrition Hub that are not owned by the Nutrition Hub are "third party content and services." The Nutrition Hub acts merely as an intermediary service provider of, and accepts no responsibility or liability for third party content.
These third-party products and services are beyond the Nutrition Hub ’s control, but their operation may impact or be impacted by the use and reliability of the the Nutrition Hub Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third-party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the the Nutrition Hub Services operate, and (iii) the Nutrition Hub is not liable for damages and losses due to the operation of these third-party products and services.
The Nutrition Hub does not control, and is not responsible for e-mails sent from outside the Nutrition Hub’s domain or other means of electronic communication; and that by using the Website and the Service, you may be exposed to Content that is, inaccurate or otherwise misleading. You acknowledge and agree that you are responsible and bear all risks associated with the use of our Services, and that under no circumstances will the Nutrition Hub be liable in any way for any loss or damage of any kind incurred as a result of the of our Services.
The Website and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of the Nutrition Hub and its licensors. The Nutrition Hub and its licensors reserve all rights in and to the Recipe not expressly granted to you herein. There are no implied licenses herein. All suggestions or feedback provided by you to the Nutrition Hub with respect to the Website shall be the Nutrition Hub’ property. The Nutrition Hub may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you.
This Website, our product and all other content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of Ireland.
You acknowledge and agree that the Nutrition Hub owns, controls or is licensed all legal right, title and interest in and related to the Product and Website, including all intellectual property rights. You may not:
- modify or copy the idea of trade, layout or appearance of the Website; and/or
- decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at jonathan@jclarkefitness.com
You acknowledge that all intellectual property rights, including without limitation, copyrights, patents, trademarks, and trade secrets, in the Services (i.e., the Sites, Web Apps, and Mobile Apps) are owned by the Nutrition Hub or its affiliates or our licensors. Your possession, access, and use of the Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. The Nutrition Hub and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.
You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own web site without the written consent of the Nutrition Hub. You must have a license from us before you can post or redistribute any portion of the Services.
Paid Services: Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
Billing: We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Payment Method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security.
Free Trials and Other Promotions: Any trial period, such as free or discounted access of 5 days or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at jonathan@jclarkefitness.com
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Nutrition Hub has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent i.e. Jonathan Clarke to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
Procedure for Reporting Copyright Infringement. If you believe that material or content residing on or accessible through the Nutrition Hub’s websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that the Nutrition Hub is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Please contact the Designated Agent to Receive Notification of Claimed Infringement for the Nutrition Hub at jonathan@jclarkefitness.com
IN NO EVENT SHALL THE NUTRITION HUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE DEVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE(INCLUDING YOUR SMARTPHONE), OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PRODUCT AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE NUTRITION HUB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE NUTRITION HUB SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY THE NUTRITION HUB FROM ITS FACILITIES IN IRELAND. THE NUTRITION HUB MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
THE NUTRITION HUB AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE NUTRITION HUB OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.
YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY IN THIS SHALL APPLY EVEN IF THE NUTRITION HUB IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF THE NUTRITION HUB OR GROSS NEGLIGENCE OF THE NUTRITION HUB IN THOSE STATES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE.
YOUR USE OF THE OUR PRODUCT, WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR MEMBERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF THE NUTRITION HUB. AND THE NUTRITION HUB CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Nutrition Hub reserves the right, in its sole discretion to terminate your right to access and use the Services if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.
These Terms and Conditions constitutes the entire Agreement between You and the Nutrition Hub, in relation to Your use of the our Product, Website and/ or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Service are 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. These Terms of Service, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and the Nutrition Hub relating to this subject matter, and cannot be changed or terminated orally.
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of the Nutrition Hub, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Failure by either the Nutrition Hub or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
You agree to defend, indemnify and hold harmless the Nutrition Hub and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any content to, on or through our website. Without limiting your indemnification obligations described herein, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
The Nutrition Hub shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, pandemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Ireland, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Ireland. Therefore, you agree that: the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Ireland. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Ireland, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.
If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at jonathan@jclarkefitness.com