Terms and Conditions
Terms and Conditions
This AGREEMENT contains the terms and conditions applicable to your (“Your” or “You”) enrollment in the course (“Course”) from Nutritional Education Institute LLC (“NEI”) as described at nutritionaleducation.com (the “Web Site”). PLEASE READ THE AGREEMENT CAREFULLY.
TERMS AND CONDITIONS
- Course. The “Course” and Enrollment Tuition therefore are fully described on the Web Site.
- Changed Terms. NEI reserves the right, in its sole discretion, to modify, alter or otherwise update (“Change”) this Agreement, the Course, the NEI Program or the Web Site, at any time. Such Change is effective immediately upon posting. You agree to be bound by such Change if You thereafter continue to utilize the Course material or access the Web Site.
- Forums. With respect to all information You elect to post to NEI’s public or student forums, You agree that NEI has the right to use, reproduce, copy, modify, publish, distribute, perform and display such information, in whole or in part, on a worldwide basis. You further agree that NEI has the right but not the obligation to delete, move or edit messages, in its sole discretion, for any reason or no reason at all. NEI does not endorse any information that may be posted on these forums.
- Disclaimers. NEI hereby disclaims and You hereby acknowledge and agree as follows:
- Persons who successfully complete the Course may not call themselves “Dietitian”, “Nutritionist” or “Nutrition Counselor." Each state has different laws that regulate dietitians or nutritionists through licensure, certification or registration. Please check applicable state and local laws before using any such title or description. You acknowledge that any such certification is not part of the Course and that you must independently and separately apply for such status. You further acknowledge that the “certificate” is derived from NEI’s in-house Course standards and not from any state, federal or other governmental authority.
- Completion of the Course and receipt of certificate of completion does not qualify You to give medical advice or prescribe diets for specific medical conditions. Completing the Course does not qualify You to make diagnoses or medical decisions for other people. A change to a high nutrient density, plant based eating style may result in headaches or a feeling of fatigue during the initial weeks. These are normal symptoms of withdrawal from a poor diet and toxic substances. A person who experiences any symptoms beyond these normal feelings of discomfort, for example pain, dizziness, or digestive disturbances including vomiting, constipation, or diarrhea should be advised to discuss their symptoms with a physician. Any symptoms, including fatigue and lightheadedness, become more concerning when diet change is initiated by people with preexisting medical conditions or who are on medications, especially medication for blood pressure or diabetes. It is suggested that You advise people to discuss medication adjustment with their personal physician upon beginning dietary changes and if such symptoms arise.
This Course does not prepare you to make medical judgments and give medical advice. That means when people are complaining of signs, symptoms or side effects they should be informed that You are not trained, certified or licensed to dispense medical advice (unless You are a licensed physician) and people must be directed to seek out medical advice or the services of Dr. Fuhrman and his medical advisor team.
- Completion of the Course does not qualify you to act in the capacity of physician, licensed dietician or nutritionist, psychologist, or other licensed or registered professional; and you may not provide health care, medical or nutrition therapy services and will not diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the body.
- NEI does not guarantee or predict any type of result including revenue or response from your completion of the Course including the Affiliate Program.
- Course Guidelines. You agree to comply with all NEI Course rules, regulations, policies and standards which are by their terms mandatory (collectively, “Guidelines”). Such Guidelines may be contained on the Web Site or in other written materials provided by NEI to Course participants from time to time, including any revisions or amendments thereto. You must refrain from deviating therefrom and from otherwise operating in a manner which adversely reflects on NEI’s name and goodwill or on any intellectual property that belongs to NEI.
- Intellectual Property Belongs to NEI.
- You acknowledge and agree that all of the materials, products, information, reports, audio or visual works, documentation, deliverables and inventions conceived, developed or prepared by NEI and used in connection with the Course or Website are the exclusive property of NEI, and that You do not maintain any rights therein. NEI will retain all right, title, trademarks, copyright, trade secrets, patents and other proprietary rights in and to the Website and Course and its materials, and all modifications, enhancements and any derivative works thereof regardless of origin (including any new concept, process or improvement made by You). You do not acquire any rights, express or implied, in the Course or derivative works thereof, and all rights in and to the Course that are not expressly granted herein are reserved to NEI. You may not, and will not permit others to, copy, modify, translate, disassemble or otherwise attempt to create derivative works from the Course or its materials. All such materials will bear NEI and Dr. Fuhrman’s copyright and trademark notices, if specified by NEI, and no other proprietary notices or legends.
- IP Rights Guidelines
- DR. FUHRMAN AND NEI (collectively, the “Trademarks”) are property of Dr. Fuhrman Online. The following guidelines apply to any use of the Trademarks by any NEI Certified person continuing education provider, licensee, or other authorized person. By following these guidelines, you help us protect our valuable intellectual property and strengthen our brands. By using our Trademarks, you acknowledge that we are their sole owner, and agree that you will not interfere with or challenge our rights in the Trademarks or otherwise harm or misuse them. The goodwill derived from use of any of our Trademarks belongs exclusively to us. Except for the limited right to use as expressly permitted under these guidelines, no other rights of any kind are granted.
- If you completed the NEI Certification program, you may:
State on resumes, professional listings, business cards, and/or biographical sketches (printed or web based) that you are NEI Certified and have completed a certificate program.
- In no case may any person or entity:
Claim an affiliation with us that does not exist (including, but not limited to, being our franchisee, offering cooperative or related programs claiming the endorsement of products or services, serving as a sponsor or co-sponsor, or working as staff or adjunct staff); or use any of our Trademarks to advertise or promote any non-profit or for-profit business or enterprise other than as expressly permitted above.
- Independent Party. You acknowledge and agree that Your performance under this Agreement is independent of NEI, and that You are neither an employee nor an agent of NEI.
- Assignment. This Agreement is personal to You. You may not assign or transfer Your rights under this Agreement. A transfer includes the case where someone other than you utilizes the benefits of the Course or Web Site under your account. In such events, You would be liable to us for any and all fees or other remuneration due under this Agreement. NEI has the right to transfer all or any part of its rights or obligations hereunder to any party.
- Confidentiality. You acknowledge that while taking the Course, You will have access to NEI’s “confidential information.” For purposes of this Agreement, “confidential information” includes (but is not limited to), the whole or any part of know-how, knowledge, methods, specifications, processes, procedures, and/or improvements relating to the Course, Guidelines, and any other business information that is not generally known in the marketplace, as well as the content of this Agreement and any other document executed in connection with this Agreement (including without limitation , any PowerPoint presentation(s), Handbooks, , scripts, lecture slides, Workbooks, videos, tutorials, or any other materials [physical or digital]). You will not disclose any Confidential Information to any individual, entity or organization that NEI regards as confidential or proprietary.
- Release. You hereby take full responsibility for and assume all risks of the Course, however arising. You hereby release NEI, its related entities, and their respective heirs, executors, administrators, assigns, officers, directors, interest holders, employees, teachers, lecturers, agents, and health counselors (collectively, the “Releasees”) from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law, admiralty or equity, arising out of or related to the Course or Web Site, which You ever had, now have or will have in the future against the Releasees.
- Indemnification. You agree to indemnify, defend and hold harmless NEI and its related entities, together with their respective officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by You of the terms and conditions of this Agreement.
- No Warranties. All content, products and services under this Agreement are provided “AS IS” and without warranties of any kind, either express or implied, other than those warranties which, under the U.S. laws applicable to these terms are implied by law and are incapable of exclusion, restriction, or modification. NEI disclaims any and all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. NEI does not warrant or make any representations regarding the results that may be obtained from the use of the Course, or as to the reliability, accuracy or currency of related content, service, and/or merchandise provided or acquired pursuant to Your purchase of the Course.
- Limitation of Liability. Neither NEI nor its affiliated or related entities or providers, or any of its or their respective officers, directors, employees or agents, shall be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, whether arising under contract, warranty, or tort (including negligence) or any other theory of liability, regardless of whether NEI (or its affiliated or related entities or providers) knew or should have known of the possibility of such damages. If a dispute arises, the sole remedy that can be awarded to You is a refund of the Enrollment Tuition.
- Termination. NEI may terminate this Agreement or the services or benefits to be provided hereunder at any time and for any reason upon five (5) days written notice to You.
- Choice of Law, Limited Liability & Remedies. This Agreement shall be construed according to the laws of the State of New Jersey. If any provision of this Agreement is deemed unenforceable, the remaining portions shall be severed and remain in full force.
BY CHECKING “ACCEPT” BELOW, YOU AGREE TO AND ARE BOUND BY THE TERMS AND CONDITIONS IN THIS AGREEMENT.