This Terms of Service (TOS) will cover terms and provisions you agree to and accept when you access the site Jumpstart Nutrition and its services provided by Kristina Li. In the TOS, the term "Agreement" will refer to the TOS, Privacy Policy, and the Disclaimer. Please read this Agreement carefully as it contains important information. If you're using this sits and services for an organization, you're agreeing to this Agreement on behalf of that organization, and represent and warrant that you can do so. If you don’t agree to all the terms in this Agreement, you may not use or access Jumpstart Nutrition and its services. If you have any questions or suggestions about this Agreement, please feel free to contact us.

1. Our Rights

To operate effectively and protect the security and integrity of Jumpstart Nutrition, we need to maintain control over what happens on our services.

1.a. Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the services and their functionality; (b) we may restrict access to or use of parts or all of this site and services; (c) we may suspend or discontinue parts or all of this site and services; (d) we may terminate, suspend or restrict your access to or use of parts or all of this site and services; (e) we may change our eligibility criteria to use this site and its services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use in that jurisdiction).

2. Privacy

Our Privacy Policy explains how we collect, use, handle, and share your information. Be sure to read it carefully, as it’s part of our Agreement. By using this site and services, you agree to our collection, use and sharing of information as set forth in the Privacy Policy.

3. Copyright

Violation of intellectual property rights is hereby prohibited, and any copying and/or reproduction of Jumpstart Nutrition and its contents is an infringement and/or violation of intellectual property rights. Please notify Jumpstart Nutrition by contacting us of any apparent violation(s) of this clause.

In turn, we respect the intellectual property of others. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported.

4. Paid Services, Refunds, And Fees

This section explains how we handle payments for services.

4.a. Payments. Full payment for services must be paid at least 24 hours prior to date or use of services. Payments will be processed through a third-party processor such as Paypal, Venmo, etc. Currently, we do not accept any insurance as the laws governing nutrition services requires a prescription from a physician with a medical nutrition diagnosis to see a registered dietitian. However, if you call your insurance and find that they cover certain nutrition services/counseling with a certified nutritionist then Jumpstart Nutrition can provide you with a bill for your reimbursement claims. It will be your responsibility to obtain the correct information in regards to what is covered from your insurance, what is needed to file a reimbursement claim, and to file the reimbursement claim with your insurance. 

4.b. Cancellations and Refunds. While you may cancel any paid services at any time, you won't be issued a refund except in our sole discretion, or if legally required.

4.c. Fee Changes. We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by cancelling the applicable paid service before your next payment date.

4.d. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact us before filing a Chargeback. We reserve our right to dispute any Chargeback.

5. Term And Termination

Either of us can end this Agreement at any time.

This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact us or simply stop using the site and its at any time. We reserve the right to suspend or terminate the services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you're violate any terms of the Agreement. All sections of this Agreement that by their nature should survive termination shall survive termination.

6. Medical Disclaimers

Jumpstart Nutrition does not provide medical or medically related services unless related to the laws and scope of pharmacy practice (read further for more information). We are not licensed physicians, registered dietitians, or dietary technicians, which professions are regulated by California law. (See Cal. Bus. and Prof. Code, secs. 2080, 2585). Unlike those professions, the profession of Certified Nutrition Specialist practitioners is not regulated by California law and we do not diagnose or treat illness or injury, nor do we recommend changes to diet or nutrition for the purpose of treating illness or injury, or in a medical setting. If you have any illness, injury or adverse symptom before, during or after the time you are receiving our services, you should not rely on our services as a substitute for proper medical care. Instead, you should promptly seek advice from a physician concerning your illness, injury or symptom(s), and you should advise that physician that you are receiving nutritional consulting services so the physician can take that into account in addressing your care.

We encourage you to tell your primary care physician or family doctor that you are receiving nutritional consulting services so that he or she can request additional details, as deemed relevant.

You are responsible for your own allergies, if any. Even healthful foods can be harmful if one is allergic to them. From your life experience, you are in a better position than us to know of, and to avoid, foods to which you are allergic. Recommendations may include any foods, protein powders, protein bars, or supplements to which you are allergic, you should not ingest those foods or supplements. Instead, you should for alternative recommendations. We are not responsible if you have an adverse reaction to a food, protein powder, protein bar, or supplement that was recommended to you by us.

7. Indemnification

If you do something that gets us sued such as applying the advice recommended to you to others, you’ll cover us.

To the fullest extent permitted by law, you agree to indemnify and hold harmless Jumpstart Nutrition from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) breach of any paperwork signed with Be Well by Kristina (c) your violation of any law or regulation or (d) the rights of any third party.

8.    Additional Terms

This Agreement is the whole agreement between us regarding your use of this site. If we ever change it in a way that meaningfully reduces your rights, we’ll give you notice and an opportunity to cancel. Also, if you’re reading this in a language other than English, note that the English language version controls.

8.a. Entire Agreement. This Agreement constitutes the entire agreement between you and Jumpstart Nutrition regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.

8.b. Waiver, Severability And Assignment. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with Jumpstart Nutrition.

8.c. Modifications. We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access Jumpstart Nutrition after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using this site.

Last Updated: May 8, 2017