Terms
Terms of Use
Effective Date: November 22, 2022
This mobile application (this “App”) and website located at https://www.marmanutrition.com/ (the “Website”) is operated by Marma Nutrition, LLC (“we”, “us,” “our” or “Marma”). The following Terms of Use, as may hereafter be modified, together with any documents referred to in them (collectively, these “Terms”), apply to our users’ (“you” or “your”) use of our services offered through this App and your use of our services offered through the Website (collectively, use of the “System”).
PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING THE MOBILE APPLICATION, REGISTERING AN ACCOUNT, AND/OR USING ANY PART OF THE SYSTEM. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT DOWNLOAD, USE, OR ACCESS ANY PORTION OF THE SYSTEM.
These Terms are between you and Marma only. Marma is solely responsible for the System. Apple, Inc. and Alphabet, Inc. and Amazon.com Services, LLC are not a party to these Terms; however, Apple, Inc., Alphabet, Inc., and Amazon.com Services, LLC and their subsidiaries are third party beneficiaries of this agreement as it pertains to the mobile application. As such, once you accept these Terms, Apple, Inc., Alphabet, Inc., and Amazon.com Services, LLC shall have the right to enforce these Terms against you as they pertain to our mobile application.
By using the System, you agree to these Terms. If you do not agree to these Terms or our Privacy Policy, do not use or access the System.
Revision to these Terms
We may revise and update these Terms in our sole discretion, and will post any updates to the Terms on the System. Your continued use of the System, or any other service provided through the System, means that you accept and agree to the modified Terms.
A. Disclaimer
The System is not a substitute for the professional judgement of an attorney, mediator or other professional. We do not give legal advice, nor do we provide legal services. You acknowledge that your reliance upon the System is solely at your own risk.
Any and all services provided by, in or through your use of the System are for informational purposes only. Marma is not a medical professional, nor does Marma provide medical services or render medical advice. Nothing contained in the System should be construed as such advice or diagnosis. The information generated by us is for general informational and educational purposes only, and should not be interpreted as a substitute for the consultation, evaluation, or treatment by a physician, and the information made available on or through the System should not be relied upon when making medical decisions, or to diagnose or treat a health condition or illness.
Before beginning any dietary or nutritional programs that may be offered under the System, you should seek the advice of a physician or medical professional with any questions you may have regarding your health. You represent to us that you are not using the System for the purpose of seeking medical attention. You also agree that, before using the System, you will consult your physician, particularly if you are at risk of problems resulting from changes in your diet.
B. License Grant; App Access; Information You Provide
Subject to these Terms, we hereby grant, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download the mobile application and use the System. As a condition of your use of the System, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System, or interfere with any other party's use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System.
All content included as part of the System, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the System is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree that you will not copy, modify, alter, revise, paraphrase, display, store, timeshare, sublicense, publish, transmit, sell, rent, lease or otherwise transfer or distribute any content, in whole or in part, found on the System or any portion thereof, or create derivative works thereof, except as specifically authorized herein. You further agree not to modify in any way, or delete, any warnings, notices, liability limitations, or other license provisions contained in the System. Your use of the System 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 our express written permission. 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 our intellectual property or our licensors, except as expressly authorized by these Terms.
In the event of any third party claim that the System infringes that third party’s intellectual property rights, Marma, not Apple, Inc. nor Alphabet, Inc. or Amazon.com Services, LLC, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
All information you provide to us through the System must be current, accurate, and complete. If we at any time discover any error or omission in the information you provide to us, we may, at our option, terminate your right to access and use the System. You represent and warrant that you have all rights necessary to receive, use, transmit, and disclose all data that you use in any way with the System.
C. Premium Subscription
(a) Payment Terms
We offer certain paid versions of the System (e.g., Premium and Premium+ Subscriptions) (“Premium Services”) for a fee. Your use of the Premium Services is subject to payment of a subscription fee, whether paid by you or a third party as part of such third party’s agreement with Marma, plus applicable taxes (the “Subscription Fee”) for the agreed upon term (the “Subscription Period”). By signing up for and using the Premium Services, you agree to these Terms. Your subscription to the Premium Services (“Premium Subscription”) provides you access to certain enhanced content, features, and functionality. By signing up for a Premium Subscription, including signing up for Free Trials of the Premium Subscription, you agree to pay any fees or other incurred charges that apply to the Premium Subscription (such as ongoing subscription fees).
When you sign up for a Premium Subscription, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect via automatic debit or ACH from your Payment Method the appropriate fees charged for the Premium Subscription, ongoing subscription fees, and for any other purchases you may make on the System.
The Subscription Period for the Premium Subscription may be, at your option, monthly, quarterly, or annually. Unless otherwise stated, all fees due for the Premium Subscription are payable in advance and will be billed automatically to the Payment Method at the start of the applicable Subscription Period.
Your Premium Subscription will automatically renew until cancelled for an additional Subscription Period of the same length and at the then-current Subscription Fee, unless you change the length of the renewal Subscription Period in your account prior to the expiration of your Premium Subscription.
(b) Termination, Cancellation, and Refunds
If you do not pay the Subscription Fee or other charges due for your Premium Subscription, we may make reasonable efforts to notify you and resolve the issue. We reserve the right to disable or terminate your access to the Premium Services (and may do so without notice).
You can cancel your Premium Subscription at any time. Information on how to cancel can be found [here].
Upon expiration or cancellation of your Premium Subscription, you will receive two (2) grace logins to allow access pending your renewal. Thereafter, a renewal payment is required before further access to the Premium Services is granted.
You have three (3) days from the date of purchase of the Premium Subscription to request a full refund. No partial refunds will be granted after the initial 3 days have passed.
(c) Free Trial
We sometimes offer free trials of our Premium Services (each a “Free Trial”). A Free Trial provides you access to a Premium Subscription for a period of time, with details specified when you sign up for the offer.
In order to sign up for a Free Trial, you may need to provide us with your Payment Method. As soon as you submit your payment details, your Free Trial will begin. You will not be charged until the Free Trial period ends.
Unless you cancel before the end of the Free Trial, your access to the Premium Subscription will automatically continue and you will be billed the applicable fees for that Premium Subscription using the Payment Method you provided. All incurred charges are final and non-refundable, except at our sole discretion. It is your responsibility to know when the Free Trial will end if you decide you do not want to continue your Premium Subscription after the Free Trial period.
If you decide you do not want to continue your Premium Subscription after the Free Trial period, you must cancel your Premium Subscription before the end of the Free Trial period.
D. User Content on the System
To the extent portions of the System allow you to comment or otherwise post regarding content on the App or Website (“User Content”), you may not post User Content that:
· Violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;
· Is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically, or otherwise objectionable or offensive; inappropriate; or inflammatory;
· You know (or reasonably should know) is false, deceptive, or misleading;
· Contains information that could be used for identity theft purposes, such as social security numbers, credit card, bank account, or other financial information, driver’s license numbers, security codes, passwords, or other authentication methods;
· Links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions; or
· Violates any applicable local, state, national, or international law.
By posting User Content on the System, you represent and warrant that the posting of your User Content does not violate these Terms or applicable laws.
Marma does not and shall not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity, or quality of User Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable User Content will not appear on our System. We do, however, reserve the right to review any or all User Content in our sole discretion. In addition, we reserve the right to alter, edit, or remove any User Content, in whole or in part, at our sole discretion.
UNDER NO CIRCUMSTANCES SHALL MARMA OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE SYSTEM. We do not control, have no obligation to monitor, and are not responsible for what users post, and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing, or otherwise objectionable or illegal User Content on the System.
E. Security and Updates
A password or another form of authentication (“Authentication Method”) is required to access and use the System. You are solely responsible for (1) maintaining the strict confidentiality of the Authentication Method assigned to or created by you, (2) instructing any individual to whom you disclose your Authentication Method not to allow another person to use your Authentication Method to access the System without your express permission, (3) any charges, damages, or losses that may be incurred or suffered as a result of your failure, or the failure of any individual using your Authentication Method, to maintain the strict confidentiality of the Authentication Method, and (4) promptly informing us in writing of any need to deactivate an Authentication Method due to security concerns. We are not liable for any harm related to authorization, disclosure or theft of your Authentication Method. You agree to immediately notify us of any unauthorized use of your Authentication Method. You will be liable for any use of the System through your Authentication Method. Additionally, you are liable for any unauthorized use of the System until you notify us of any security breach.
Marma may from time to time in its sole discretion develop and provide mobile application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Marma has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the mobile application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the mobile application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the mobile application and be subject to these Terms.
F. Feedback
You agree to reasonably cooperate with us in providing any comments and other feedback with respect to use of the System or any component thereof. By submitting information to us, you grant to us and our affiliates a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such information, subject to applicable laws and regulations, these Terms, and our Privacy Policy.
G. Confidential Personal Information
The System enables you to transmit, store, and receive confidential personal information regarding you, your family or other persons. You represent and warrant that you will, at all times during the term of these Terms and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the confidential personal information. You further represent and warrant that you will use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are, at all times during the term of these Terms and thereafter, solely responsible for obtaining and maintaining all legally necessary consents or permissions, required or advisable, to disclose, process, retrieve, transmit, and view the confidential personal information you transmit, store, or receive in connection with the System. You agree that we, our licensors, and all other persons or entities involved in the operation of the System, have the right to monitor, retrieve, store, and use confidential personal information in connection with the operation of the System, and that we are acting on your behalf in transmitting confidential personal information. We agree to use commercially reasonable efforts to maintain the confidentiality of such information and prevent the disclosure of such information to third parties except in connection with the transmission, storage, retrieval, and disclosure of such information on your behalf and as may be required or permitted by law. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF CONFIDENTIAL PERSONAL INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE APP, THE SITE, OR ANY SERVICES OFFERED THEREON.
H. Warranty Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SYSTEM IS PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS, AND YOUR USE IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING BY COURSE OF DEALING, CUSTOM OR TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO INFORMATION MARKED AS 'PRIVILEGED' BY USERS, AS THE DETERMINATION AS TO WHETHER OR NOT ANY GIVEN INFORMATION SHARED BETWEEN CLIENTS AND PROFESSIONALS IS PROTECTED BY ATTORNEY-CLIENT OR DOCTOR-PATIENT PRIVILEGE IS A FACT-SPECIFIC LEGAL QUESTION. FURTHER, WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SYSTEM: (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODES, OR OTHER HARMFUL COMPONENTS, OR (3) IS SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SYSTEM.
I. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL WE, OR ANY OF OUR PROVIDERS BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) USE OF THE SYSTEM OR ANY SERVICES OFFERED THEREON, (2) RELIANCE ON THE CONTENT BY YOU OR ANYONE USING YOUR AUTHENTICATION METHOD, OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH 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, NOTWITHSTANDING THESE TERMS, WE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM, OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF $100,000 OR THE FEES YOU PAID TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED WHICH GAVE RISE TO YOUR CLAIM. YOU AND WE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED UPON ALLOCATION OF RISK BETWEEN YOU AND US WHICH CONSIDERS THE FEES, IF ANY, WE CHARGE TO USE THE SYSTEM. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SYSTEM TO YOU.
J. Indemnity
You agree to defend, indemnify and hold us harmless from any claims, losses, expenses, costs or damages (including reasonable attorneys’ fees, expert fees; and other costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of these Terms, (2) use of the System and any services offered thereon by you or any other person using your Authentication Method, (3) the unauthorized or unlawful use of the System by you or any other person using your Authentication Method, and (4) any claim that your content violates the intellectual property rights of a third party. We reserve the right, at our 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 us in asserting any available defenses.
K. Term and Termination
These Terms remain in force for the duration of your Subscription Period, including renewal Subscription Periods, or until terminated by us. Upon termination, your access to the System will cease.
Your right to access and use the System immediately terminates without further notice upon your breach of these Terms. We may terminate these Terms and/or your right to use the System at any time, with or without cause.
Paragraphs A, B, G, H, I, J, K, and M of these Terms survive the expiration or termination of these Terms for any reason whatsoever. We reserve the right to discontinue or make changes to the System at any time.
L. Links to Other Websites and Connecting through Social Media.
The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
M. Assignment/Waiver and Governing Law
We may assign these Terms, in whole or in part, in our sole discretion. You may not assign your rights under these Terms without our prior written permission. Any attempt by you to assign your rights under these Terms without our permission shall be void. The waiver by us of a breach of any provision of these Terms shall not operate or be construed as a waiver of any other or subsequent breach. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms shall remain in full force and effect.
These Terms are governed by the laws of the State of Missouri without giving effect to any principles of conflicts of law. Any claim or dispute related to the System or under these Terms, the Privacy Policy, and any legal notices on this System, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose), or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Jackson, in the State of Missouri.
N. Entire Agreement
These Terms contain the entire agreement between you and us relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. You agree that you have not relied on any other verbal or written statements, actions or representations by us, our employees, or agents in consenting to these Terms. These Terms may not be amended or supplemented by any document originated by you relating to the subject matter hereof, or any statements of any of our employees and agents.
Contact Information
To contact us with any questions or inquiries about these Terms, please contact us at:
Marma, Inc
11750 W 135th St #1149 Overland Park, KS 66221 | hello@marmanutrition.com
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