Welcome to the Nourished by Science LLC Online Membership Prevention Program, https://community.nourishedbyscience.com, hereafter “the Prevention Program”. By purchasing a membership in the Prevention Program from Nourished by Science LLC (the “Company,” “we,” “us,” “our”), you are agreeing to be bound by these Terms and Conditions (the “Terms”) without modification. Please read these Terms carefully before completing your transaction.
The Prevention Program is an online membership community focused on the science of nutrition and the prevention of chronic disease. You may access the Prevention Program via either the website https://community.nourishedbyscience.com, or via the Mighty Networks App, both, the “Platform.”
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS PLATFORM, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS PLATFORM IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS PLATFORM OR ANY OF THIS PLATFORM’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
Privacy
Your continued use of the Platform is subject to our Privacy Policy. Please review our Privacy Policy carefully, as the terms of that policy are incorporated into these Terms by reference.
Electronic Communications
Sending or receiving electronic mail to or from the Company constitutes electronic communications. By purchasing an online membership from the Company, you consent to receiving electronic communications from the Company and any of its employees, representatives, agents, independent contractors, coaches, affiliates or any other person or entity associated with Nourished by Science LLC. You further consent and agree that any and all agreements, notices, disclosures, and other related communications that we may provide to you electronically or via the Platform will satisfy any legal requirement that such communications be in writing.
Your Account
By using and accessing this Platform, you understand and agree that you alone are responsible for maintaining the confidentiality of your account, your username and your password, and for restricting access to your computer while you are logged into the Platform. You further agree not to provide or share your login information to any other person or entity to use or access the Prevention Program. You agree to accept sole responsibility for any copying, dissemination, or plagiarism of the content of this program that ultimately originates from your user account, whether by your fault or as a result of the theft or misappropriation of your account. You shall not share, assign, sell or otherwise transfer your account to any other person or entity. The Company reserves the right to terminate your account, refuse or cancel your services, or remove or edit the content available to you in the event that we determine you have the requirements of this section.
Prevention Program Access
We reserve the right to update, discontinue, or otherwise remove access to any product, template, course, or Prevention Program feature at any time. Subscription-based products will renew on a monthly or annual basis as explained in the sales page for that individual product.
In the event that we decide to discontinue access to a product or Prevention Program feature on the Platform, we will provide you with written notice at least thirty (30) days in advance before we remove the product and eliminate access to it. Exceptions are Prevention Program features that are intended to be active for a defined period of time, such as challenges or book clubs.
Prices and Payment Terms
All prices posted on this Platform are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. As long as members maintain an active account in good standing, their monthly or annual price will not change, and price increases will only apply to new orders placed after such changes. Posted prices do not include taxes. All such taxes will be added to your order total and will be itemized in your shopping cart and in your order confirmation email.
We accept all major credit cards for all purchases. Credit card transactions are run through a third-party payment processor. You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Monthly or Annual Payment
As a member of the Prevention Program, you will pay either a monthly or annual membership fee. You understand and agree to the following additional terms and conditions:
- You agree to maintain a valid credit card on file with our credit card processor for the entire term of your membership. You understand that it is your responsibility to update your credit card information if your former credit card expires;
- Monthly or annual payments will be payable as outlined in the payment terms you agreed to when you made your initial payment;
- Any charges that are declined or otherwise returned for insufficient funds will immediately cause your online account to become delinquent, and may result in immediate suspension of your online account.
FAILURE TO MAKE ANY MONTHLY OR ANNUAL MEMBERSHIP PAYMENT DUE MAY RESULT IN IMMEDIATE TERMINATION OF YOUR ACCESS TO THE PREVENTION PROGRAM.
Cancellation and Refund Policy
Members can cancel in the first month after joining for a full refund by sending an email to support@nourishedbyscience.com. After the first month, we do not offer any refunds for monthly memberships. For annual memberships, we will refund 70% of the annual membership fee, prorated to the remaining membership period.
Links to Third-Party Sites
Within our membership Prevention Program, we or other members may from time to time provide links to other websites, videos and/or resources (“third-party sites”). You should be aware that the Company does not control these sites and is not responsible for any of the content contained in or the privacy practices of any third-party site, including, without limit, any links contained in the third-party sites, or any updates or changes to the third-party sites, all of which are subject to change at any time without notice to the Company. The Company provides these links to assist you, provide context to our content, or as a convenience to you. Unless otherwise indicated, the fact that the Company has included a link to any particular third-party site or service does not imply that the Company has endorsed any particular individual or company or has a business association with that particular website.
Third-Party Services
Certain products, services and functionality made available via the Prevention Program may be provided by third-party websites and organizations. By using the Prevention Program, you acknowledge and consent that the Company may share your personal information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the users and customers of Nourished by Science LLC.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Prevention Program strictly in accordance with these terms of sale. As a condition of your continued use of the Prevention Program, you warrant to the Company that you will not use the Prevention Program for any purpose that is unlawful or otherwise prohibited by these Terms. You may not use the Prevention Program in any manner which could damage, disable, overburden, or impair the Platform used for the Prevention Program, or interfere with any other party’s use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.
All content included within the Prevention Program, including but not limited to videos, text, pdf’s, graphics, images, and any compilation thereof, as well as any software used on or within the Platform, (the “content”) is the property of the Company or certain third-party contractors, and is protected by United States Copyright, Trademark, Patent and other related laws that protect intellectual property and related rights. You agree to observe and abide by all copyright and other related notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, transfer or sell, create derivative works from, or in any way exploit or steal any of the content, in whole or in part, found on the Platform. The content contained within the Prevention Program is not for resale. Your use of the Prevention Program does not entitle you to use the protected content contained herein in a way that is unauthorized by these terms or applicable law. In particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that by using the Platform or purchasing a membership in the Prevention Program, you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
Permitted Uses
Notwithstanding the same, you are permitted to use the materials purchased for your own personal use only. You are not permitted to sell, transfer, copy, create derivative products from, or use the products in any way that is not permitted by law. If we discover that you are using the products in a way that is not consistent with this contract, we reserve the right to discontinue your use of the Service.
Use of communication services
Members of the Prevention Program are permitted access to and use of its “Communication Services,” comprising a.) communications with the Company and its staff by email or by direct message within the Prevention Program site, and b.) communications with one another by directly messaging each other member, and c.) posting on the Platform. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
Furthermore, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents and permissions; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any portion of the Space ‘Community Guidelines’ code of conduct; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion, regardless of whether the materials violate these terms. The Company further reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever, legal or otherwise.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, subpoena, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, moderators, and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Platform infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
- Identification of the material you believe to be infringing in a manner sufficiently precise to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Mario Kratz
Nourished by Science LLC
4730 University Ave NE
Suite 104, #2025
Seattle, WA 98105
Email: support@nourishedbyscience.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA (in other words, if you fail to provide all the information listed above), your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Materials provided to the Prevention Program or posted on any Company web page
The Company does not claim ownership of the materials you provide to the Prevention Program or on https://nourishedbyscience.com/ (including feedback, reviews, and suggestions) or post, upload, input or submit to any Company Platform or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting the Company, our affiliated companies, and necessary sublicensees and contractors, permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation, legal or otherwise, to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the legal and intellectual property rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third-Party Accounts
From time to time, you may be able to connect your Prevention Program account to certain third-party accounts. By connecting your Prevention Program account to a third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws in your jurisdiction. You agree that you will not use the Prevention Program content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, members, managers, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Platform or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations, except to the extent such losses, costs, liabilities, and expenses arise from the negligence or willful misconduct of the Company.
Disclaimers
THE PREVENTION PROGRAM IS FOCUSED ON PROVIDING HIGH-QUALITY EVIDENCE-BASED INFORMATION ABOUT NUTRITION, HEALTH, AND THE PREVENTION OF CHRONIC DISEASE. IT DOES NOT CONSTITUTE MEDICAL CARE OR MEDICAL NUTRITION THERAPY, AND NOURISHED BY SCIENCE STAFF WILL NOT PROVIDE ANY PERSONAL MEDICAL OR NUTRITIONAL ADVICE. THE PREVENTION PROGRAM IS NOT A PHYSICIAN, NOR A MEDICAL PRACTICE, NOR A MEDICAL NUTRITION THERAPY SERVICE, NOR IS IT TRAINED OR LICENSED TO BE ANY OF THESE. THE PREVENTION PROGRAM DOES NOT PROVIDE AND IS NOT A SUBSTITUTE FOR MEDICAL CARE OR MEDICAL NUTRITION THERAPY, AND EACH MEMBER TAKES FULL RESPONSIBILITY FOR ANY DIETARY OR LIFESTYLE CHANGE HE CHOOSES TO MAKE. MEMBERS ARE EXPLICITLY ADVISED TO CONSULT WITH THEIR HEALTHCARE PROVIDERS REGULARLY, TO INFORM THEM ABOUT THEIR PARTICIPATION IN THIS PREVENTION PROGRAM, AND TO CONSULT WITH THEM BEFORE MAKING ANY DIET OR LIFESTYLE CHANGES. THIS IS PARTICULARLY IMPORTANT FOR MEMBERS WITH PRE-EXISTING CONDITIONS WHO ARE TAKING PRESCRIPTION OR NON-PRESCRIPTION MEDICATIONS.
FURTHER, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PLATFORM AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, TEMPLATES, CHECKLISTS, SERVICES AND RELATED CONTENT CONTAINED ON THE PLATFORM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, TEMPLATES, CHECKLISTS, SERVICES AND RELATED CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, TEMPLATES, CHECKLISTS, SERVICES AND RELATED CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLATFORM, WITH THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.
Termination/access restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Platform and the related services or any portion thereof at any time, without notice.
Dispute Resolution and Arbitration
YOU AND THE COMPANY AGREE THAT ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE PLATFORM, WILL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO TRIAL SHOULD A DISPUTE ARISE. THE PLACE OF ARBITRATION SHALL BE SEATTLE, WA, UNLESS BOTH PARTIES AGREE IN WRITING TO A DIFFERENT LOCATION. THE ARBITRATION WILL BE BASED ON THE SUBMISSION OF DOCUMENTS UNLESS BOTH PARTIES AGREE TO AN IN-PERSON OR ORAL HEARING.
Governing Law
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington (WA) and you hereby consent to the exclusive jurisdiction and venue of courts in King County, WA, in all disputes arising out of or relating to the use of the Platform. Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
No Joint Venture
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Platform. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by the Company with respect to such use.
Severability
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Entire Agreement
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Prevention Program and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Prevention Program. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial 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. It is the express wish to the parties that this agreement and all related documents be written in English.
No Waiver
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of any future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which membership in the Prevention Program is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
Notice
We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Platform. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to the address listed below. We may update the address for notices to us by posting a notice on the Platform.
Contact Us
The Company welcomes your questions or comments regarding these Terms:
Nourished by Science LLC
4730 University Way NE, Suite 104 – #2025
Seattle, WA 98115
Email Address: support@nourishedbyscience.com
Effective as of: April 26, 2024
Last updated: April 8, 2025