NETCP Acknowledgment and Agreement

This AGREEMENT contains the terms and conditions applicable to your (“Your” or “You”) purchase of the Nutritional Education Trainer Certificate Program (“NETCP” or “Program”) from Nutritional Education Institute LLC (“NEI”) as described at nutritionaleducation.com (the “Web Site”). PLEASE READ THE AGREEMENT CAREFULLY.

TERMS AND CONDITIONS

  1. Program. The NETCP and Enrollment Tuition therefore are fully described on the Web Site.

  2. Changed Terms. NEI reserves the right, in its sole discretion, to modify, alter or otherwise update (“Change”) this Agreement, the 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 hold yourself out as a NET, utilize the Program, or access the Web Site.

  3. 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.

  4. Disclaimers. NEI hereby disclaims and You hereby acknowledge and agree as follows:

    1. Persons who successfully complete the NETCP may not call themselves “Dietitian”, “Nutritionist” or “Nutrition Counselor."  Each state has different laws that regulate dietitians or nutritionists through licensure, certification or registration. You may find information about the laws of Your state at http://www.cdrnet.org/certifications/licensure/index.cfm. You acknowledge that any such certification is not part of NETCP and that you must independently and separately apply for such status. You further acknowledge that NET “certification” status is derived from NEI’s in-house Program standards and not from any state, federal or other governmental authority.

    2. Completion of the NETCP and receipt of NET certification does not qualify You to give medical advice or prescribe diets for specific medical conditions. NET certification does not qualify You to make diagnoses or medical decisions for clients. 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 client 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 your client to discuss medication adjustment with their personal physician upon beginning this program and if such symptoms arise.

      NETs will not be certified and not maintain their certification if they make medical judgments and give medical advice (unless the NET is a licensed physician).  That means when people are complaining of signs, symptoms or side effects they should be informed that NETs are not trained, certified or licensed to dispense medical advice and clients must be directed to seek out medical advice or the services of Dr. Fuhrman and his medical advisor team. Failure to understand and abide by this requirement can result in failing the NET certification exam when queried on this topic.  Certification can also be removed for failure to abide by this requirement.

       

    3. Completion of the NETCP and receipt of NET certification 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.

    4. You acknowledge and agree that you cannot represent or hold out any views that are inconsistent with the views under the NET certification designation or the views of NEI, and that NEI has the absolute discretion to terminate Your rights under this Agreement or under the Web Site if it determines in its discretion that this provision or any other provision of this Agreement has been violated.

    5. NEI does not guarantee or predict any type of profits or response from the Program including the Affiliate Program.

  5. Program Guidelines. You agree to comply with all NEI Program 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 NET 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.

  6. Intellectual Property Belongs to NEI.

    1. 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 Program are the exclusive property of NEI. NEI will retain all right, title, copyright, trade secrets, patents and other proprietary rights in and to the NETCP 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 Program or derivative works thereof, and all rights in and to the Program 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 Program or its materials. All such materials will bear NEI and Dr. Fuhrman’s copyright and trade secret notices, if specified by NEI, and no other proprietary notices or legends.

  7. Independent Party. You acknowledge and agree that Your performance under this Agreement and as a NET is independent of NEI, and that You are neither an employee nor agent of NEI.

  8. Assignment. This Agreement is personal to You. You may not assign or transfer Your rights under this Agreement without NEI’s prior written consent. A transfer includes the case where someone other than you utilizes the benefits of the Program, Web Site or Certification 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.

  9. Confidentiality. You acknowledge that through the Program, 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 Program, 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 the NET Quick Start Guide, Starter Kit, any PowerPoint presentation(s), NET Handbook, Lecture Series, Instructor’s Manual or binder, scripts, lecture slides, Workbooks, videos, tutorials, or other materials). You will not disclose any Confidential Information to any individual, entity or organization that NEI regards as confidential or proprietary.

  10. Release. You hereby take full responsibility for and assume all risks of the Program, 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 Program or Web Site, which You ever had, now have or will have in the future against the Releasees.

  11. 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.

  12. 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 Program, or as to the reliability, accuracy or currency of related content, service, and/or merchandise provided or acquired pursuant to Your purchase of the Program. NEI does not guarantee or predict any type of profits or response from the Program including the Affiliate Program.

  13. 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.

  14. 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.

  15. 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.

 

Copyright © 2009 Nutritional Education Institute ● 4 Walter E Foran Boulevard, Suite 408, Flemington, NJ 08822