Agreement between User and www.telenutritionist.org 

Welcome to www.telenutritionist.org. The www.telenutritionist.org Website (the "Website") is comprised of various web pages operated by First Thousand Nutrition. www.telenutritionist.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.telenutritionist.org constitutes your agreement to all such Terms and our Privacy Policy. Please read these terms carefully, and keep a copy of them for your reference. 

www.telenutritionist.org is an E-Commerce Website. 

The Website provides you with the opportunity to book the services ('Services') that have been listed on the Website. 

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Privacy 

First Thousand Nutrition takes your privacy seriously. Your use of www.telenutritionist.org is subject to First Thousand Nutrition's Privacy Policy. Please review our Privacy Policy, found on the Website, which also governs the Website and informs users of our data collection practices. 

Electronic Communications 

Visiting www.telenutritionist.org or sending emails to First Thousand Nutrition constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, and on the Website, satisfy any legal requirement that such communications be in writing. 

Cancellation/Refund Policy 

At the time you book the Services, you will be required to pay for the session in full.  You agree to keep all scheduled appointments and be on time. You must notify First Thousand Nutrition of an intention to cancel the Services as soon as practicable, by emailing first-thousand@email.kalixhealth.com and abide by the following ('Cancellation Policy').  

First Thousand Nutrition understands that things change, and therefore, if you need to make a request to alter your booking time, you agree to provide at least 7 days notice.  Unfortunately, if you have to make changes within 7 days of your scheduled session, you will forfeit your booking time and be required to pay a $75 cancellation fee. 

If you must cancel or reschedule your appointment within 24 business hours of your appointment, you will be charged the entire consultation fee. You understand that if you are late to your scheduled appointment, you risk shortening the duration of your appointment by forfeiting the minutes you miss. 

We appreciate your consideration of our time and resources as healthcare practitioners.

Warranty

First Thousand Nutrition will use its best efforts and take all reasonable steps to help you achieve your desired results. However, First Thousand Nutrition makes no warranty that all clients will achieve the same results.

In cases where the client is truly dissatisfied with the provided service, the client is entitled to cancel these Terms with First Thousand Nutrition, and you are entitled to a refund for appointments that have not yet been conducted, or to compensation for its reduced value. 

Services Disclaimer

First Thousand Nutrition will maintain registered and licensed dietitian nutritionist status.

You agree that when you purchase the Services, you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from First Thousand Nutrition’s relationship with you, its educational materials and interactions with you. As such, you agree that First Thousand Nutrition is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services it provides.

You understand that the Services are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Services are not to be used as a substitute for professional psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed.

You agree to release and discharge First Thousand Nutrition from and against all claims arising out of or in connection with provision of the Services. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received a Service from First Thousand Nutrition.

Information Disclaimer

Any information, advice, content or documentation provided on the Website, through the Services or within Products, social media accounts, blog or on any other related platform do not constitute professional, medical or psychological or other advice and are provided for general information and guidance purposes only.

All care is taken in the preparation of the information and published materials on the Website, through the Services, social media accounts, blog, or on any other related platform. First Thousand Nutrition does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

To the extent permissible by law, First Thousand Nutrition will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services, social media accounts, blog, or on any other related platform.

Mailing List and SMS List Registration

You will be given the option to register for the First Thousand Nutrition Mailing List (the ‘Mailing List’) and SMS List (the ‘SMS List’).

As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

• Email address
• Name and address
• Mobile phone number

If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from First Thousand Nutrition.

Links to Third Party Websites/Third Party Services 

www.telenutritionist.org may contain links to other Websites ("Linked Websites"). The Linked Websites are not under the control of First Thousand Nutrition and First Thousand Nutrition is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. First Thousand Nutrition is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by First Thousand Nutrition of the site or any association with its operators. 

Certain services made available via www.telenutritionist.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.telenutritionist.org domain, you hereby acknowledge and consent that First Thousand Nutrition may share such information and data with any third party with whom First Thousand Nutrition has a contractual relationship to provide the requested product, service or functionality on behalf of www.telenutritionist.org users and customers. 

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use www.telenutritionist.org strictly in accordance with these terms of use. As a condition of your use of the Website, you warrant to First Thousand Nutrition that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of First Thousand Nutrition or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary 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, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. First Thousand Nutrition content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and 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 First Thousand Nutrition and the copyright owner. You agree that 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 First Thousand Nutrition or our licensors except as expressly authorized by these Terms. 

Third Party Accounts 

You will be able to connect your First Thousand Nutrition account to third party accounts. By connecting your First Thousand Nutrition account to your 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 First Thousand Nutrition 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. You agree that you will not use the First Thousand Nutrition Content accessed through www.telenutritionist.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

Indemnification 

You agree to indemnify, defend and hold harmless First Thousand Nutrition, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Website 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. First Thousand Nutrition reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with First Thousand Nutrition in asserting any available defenses. 

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 

Class Action Waiver 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL’S CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and First Thousand Nutrition agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FIRST THOUSAND NUTRITION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

FIRST THOUSAND NUTRITION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FIRST THOUSAND NUTRITION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, 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 FIRST THOUSAND NUTRITION 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FIRST THOUSAND NUTRITION 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 SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

Termination/Access Restriction 

First Thousand Nutrition reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and First Thousand Nutrition as a result of this agreement or use of the Website. First Thousand Nutrition's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of First Thousand Nutrition's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by First Thousand Nutrition with respect to such use. 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. 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and First Thousand Nutrition with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and First Thousand Nutrition with respect to the Website. 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. 

Changes to Terms 

First Thousand Nutrition reserves the right, in its sole discretion, to change the Terms under which www.telenutritionist.org is offered. The most current version of the Terms will supersede all previous versions. First Thousand Nutrition encourages you to periodically review the Terms to stay informed of our updates. 

Contact Us 

First Thousand Nutrition welcomes your questions or comments regarding the Terms: 

First Thousand Nutrition 
Greater Houston, Texas 

Email Address: 
info@telenutritionist.org

Effective as of June 15, 2024