Terms & Conditions
Terms of Use & Terms of Service
The Terms of Use and Service (“Terms”) were last revised on _July 28_, 2024.
Thank you for choosing SuTasty & ENC & ENC. Herein SuTasty & ENC denotes SuTasty & ENC Incorporated, and ENC denotes eNutrition Network Corporation.
Kindly review these Terms carefully since they constitute an enforceable contract between SuTasty & ENC and You and contains significant information regarding your legal rights, remedies, and obligations.
F YOU LIVE IN THE UNITED STATES OR CANADA, BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES WITH SuTasty & ENC IN SMALL CLAIMS COURT OR BINDING INDIVIDUAL ARBITRATION ONLY, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS AND HAVE CLAIMS DECIDED BY A JURY, AS EXPLAINED IN THE DISPUTE RESOLUTION SECTION.
SuTasty & ENC’s purpose is to better people’s lives via learning. We enable anybody, anywhere, to learn from our content. We believe that our marketplace approach is the greatest method to provide valuable instructional information to our users. We need regulations to ensure that our platform and services are safe for you, us, and our student communities. These Terms govern all of your actions on the SuTasty & ENC website, mobile applications, TV apps, APIs, and other connected services (“Services”).
Our website and apps provide communications about your browsing and app activities and app usage from you to third-party service providers for SuTasty & ENC. By using our Services, you agree to these communications.
Accounts:
The majority of our platform’s activities need you to have an account. Keep your password safe, since you are responsible for any account activity. If you suspect someone else is using your account, please notify us by contacting our Support Team. To use SuTasty & ENC, you must be of legal age in your country to consent to online services.
Most activities on our site require an account, including purchasing and accessing content, as well as submitting content for publication. When you create and manage your account, you must give correct and complete information, including a valid email address. You are solely responsible for your account and everything that occurs on it, including any harm or damage caused (to us or anyone else) by someone using your account without your permission. This indicates you should be cautious with your password. You may not transfer your account or use another person’s account. If you contact us to request access to an account, we will not provide you access unless you provide us with the necessary information to confirm you are the account’s owner. In the event of a user’s death, their account will be closed.
You may not share your account login information with anyone. You are responsible for what happens with your account, and SuTasty & ENC will not intervene in conflicts between students who use the same account login credentials. If you discover that someone else is using your account without your permission (or if you suspect any other breach of security), please alert us immediately by contacting our Support Team. We may need some information from you to authenticate that you are the owner of your account.
SuTasty & ENC does not sell products for purchase by children. We may sell children’s products for purchase by adults.
Students must be at least 18 years old to register an account and use SuTasty & ENC’s services. If we discover that you have created an account that violates these terms, we will terminate it. Before you can submit anything for publication on SuTasty & ENC, our terms may require you to authenticate your identity.
SuTasty & ENC services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old. Individuals under the age of 18 must at all times use SuTasty & ENC services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In such cases, the adult is the user and is responsible for any and all activities and transactions that involve the applicable minor on the Site.
You represent and warrant that all registration information you submit is accurate and truthful. SuTasty & ENC Nutrition may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time.
To complete your registration for our services and products, you will provide your first and last name, email address, credit card information, billing address, and create a password. You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur under your password or account. You are further responsible for any and all liability and/or damage resulting from your failure to maintain password confidentiality. You also agree that SuTasty & ENC cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
You can terminate your account at any time by following the steps outlined here. Check our Privacy Policy to learn what happens if you cancel your account.
Content Enrollment & Lifetime Access:
When you enroll in a course or other content, we grant you a license to see it exclusively through the SuTasty & ENC Services. Do not attempt to transfer or resell content in any form. We normally provide you access license for one (1) year, unless we are required to disable the content for legal or policy reasons, or for enrollments through Subscription Plans.
According to our Terms, when we publish content on SuTasty & ENC, SuTasty & ENC offers permission to access the content to students. This means we have the ability to sublicense the content to enrolled pupils. As a student, when you enroll in a course or other content, whether free or paid, you receive a license from SuTasty & ENC to see the content via the SuTasty & ENC platform and Services, and SuTasty & ENC is the licensor of record. You are not purchasing the content; rather, it is licensed. This agreement gives you no permission to resell the content in any way (including sharing account information with a buyer or illegally downloading and sharing the content on pirate sites).
In more legal terms, SuTasty & ENC grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees through the Services, solely for your personal, non-commercial, educational purposes, subject to these Terms and any conditions or restrictions associated with the specific content or feature of our Services. All other uses are strictly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we expressly grant you permission in a written agreement signed by a SuTasty & ENC authorized representative. This also applies to content that can be accessed using any of our APIs.
When students enroll in a course or other content, we normally provide them with an access license for one (1) year. However, we reserve the right to revoke any license to access and use any content at any time if we decide or are required to disable access to the content for legal or policy reasons, such as if the course or other content in which you enrolled is the subject of a copyright complaint or if we determine it violates our Trust & Safety Guidelines. This one (1) year access license does not cover Subscription Plan enrollments or add-on features and services linked with the course or other content in which you enroll.
Payments, credits, & refunds:
When you pay, you agree to use a valid payment method. SuTasty & ENC does not provide any refund or credit on our online class orders. SuTasty & ENC does not provide any refund or credit on our ebooks, video books, audio books, online classes, and other intellectual services and products, sold in our online stores on our websites: https://www.enutrition.me, and https://www.enutrition.online
1. Pricing:
SuTasty & ENC’s content prices are regulated by the terms of our Instructor Terms and Promotions Policy. In some cases, the price of content on the SuTasty & ENC website may differ from the price offered on our mobile or TV applications due to mobile platform providers’ pricing structures and policies regarding the implementation of offers and promotions.
We occasionally hold content specials and sales, during which specific content is available at a reduced price for a limited time. The price of the material will be determined when you finish your purchase (at checkout). Any pricing provided for specific material may alter when you connect into your account from when you are not registered or logged in, because some of our deals are only available to select customers.
Unless we clearly present our products price in the currency of USD dollars, for all other services and products we provide or affiliate selling, if you are connected into your account, the currency displayed is based on the location where you created your account. If you are not logged into your account, the price currency is determined by the country you are in. We do not allow users to see prices in other currencies.
If you are a student in a nation where use and sales tax, goods and services tax, or value added tax applies to consumer purchases, we are responsible for collecting and remitting such tax to the appropriate tax authorities. Depending on your area, the price you see may already include taxes, or they may be charged at checkout.
2. Payments:
You agree to pay the fees for any content you purchase, and you authorize us to charge your debit or credit card or process other forms of payment (such as Boleto, SEPA, direct debit, or mobile wallet) for those fees. SuTasty & ENC collaborates with payment service providers to provide you with the most convenient payment methods available in your country while also keeping your payment information secure. We may update your payment options based on information provided by our payment service providers. Check out our Privacy Policy for more information.
When you make a purchase, you promise not to use any invalid or unauthorized payment methods. If your payment method fails and you still have access to the content you are enrolling in, you agree to pay us the applicable amounts within 30 days of receiving notification from us. We have the right to disable access to any content for which we have not received acceptable compensation.
3. Refunds & Refund Credits:
SuTasty & ENC does not provide any refund of our online classes and our ebooks, videos, video books, audio books, sold on our websites, under any circumstances.
SuTasty & ENC does not provide any refund or credit on our ebooks, video books, audio books, online classes, and other intellectual services and products, sold in our online stores on our websites: https://www.enutrition.me, and https://www.enutrition.online
More information about our refund policy is accessible here.
4. Gift & Promotional Codes:
SuTasty & ENC or its partners may provide gift and promotional codes to students. Certain coupons can be redeemed for gift or promotional credits that will be credited to your SuTasty & ENC account and used to purchase qualifying content on our platform, subject to the terms specified in your codes. Some codes may be immediately redeemable for specific content. Gift and promotional credits cannot be used to make purchases through our mobile or TV applications.
These coupons and credits, as well as any promotional value associated with them, may expire if not used within the timeframe provided in your SuTasty & ENC account. SuTasty & ENC’s gift and promotional coupons cannot be reimbursed for cash, unless otherwise mentioned in the terms of service or required by law. A partner’s gift and promotional vouchers are subject to its refund rules. If you have numerous saved credit amounts, SuTasty & ENC may choose which ones to apply to your purchase. For further information, please see our Support Page or any terms contained with your codes.
Content and Behaviour Rules:
SuTasty & ENC can only be used for lawful reasons. You must comply with our Trust & Safety Guidelines and the law while uploading reviews, questions, posts, courses, and other content, as well as respect the intellectual property rights of others. We have the right to suspend your account if you commit repeated or serious violations. If you believe someone is infringing on your copyright on our platform, please let us know.
You may not access or use the Services, or create an account, for illegal reasons. Your use of the Services and behavior on our platform must be in accordance with applicable local or national laws or regulations in your country. You are solely responsible for being aware of and complying with any rules and regulations that apply to you.
If you are a student, you can use the Services to ask instructors questions about courses or other content in which you are enrolled, as well as publish content reviews. For specific topics, the instructor may ask you to submit “homework” or tests. Do not publish or submit any content that is not your own. In all circumstances, you must follow the law and respect the rights of others: you may not publish any question, response, review, or other content that violates applicable local or national laws or regulations in your country. You are completely responsible for any content, and actions you publish or take using the platform and Services, as well as the repercussions.
SuTasty & ENC has the discretion to enforce these Terms and our Trust & Safety Guidelines. We may restrict or terminate your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, for fraudulent chargeback requests, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, if we suspect that you engage in fraudulent or illegal acts. We may remove your account and content, as well as prevent you from accessing the platforms or using our Services, in the case of such termination. You agree that we will not be liable to you or any third person for the termination of your account, the removal of your content, or the blocking of access to our platforms and services.
Our Intellectual Property Policy provides more information on how to register a copyright or trademark infringement claim with us.
Your Content and Prohibited Activities
You are solely responsible for your conduct and activities on and regarding the Site, your use of the content on the Site and any and all data, text, information, reviews, posts, usernames, graphics, images, photographs, profiles, audio, video, polls, surveys, and links (together, “Content”) that you submit, post, store, and/or display on or through any Site.
(a) You hereby represent & warrant that you shall not Upload, download, post, email or otherwise transmit any Content in a fraudulent manner/for the purposes of committing a fraud.
Upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, trade libelous, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
Impersonate or attempt to impersonate any person or entity, including the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
Upload, download, post, email, use the Site, or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
Use the service or the Site to exploit or harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct, or upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children.
Upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Upload, download, post, email or otherwise transmit false, inaccurate, or misleading information. Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, third party sites, vendor’s or customer’s sites, or networks connected to or accessible through the Site or affiliated or linked websites. Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. Disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites. Frame the Site within another Site or webpage or link to the Site except as permitted in writing by SuTasty & ENC or Host images not part of a listing. Incorporate images or names that would violate a person’s right of privacy or publicity. Incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person’s name or likeness without their express written consent. Use a manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the service or Site. Copy, modify or distribute rights or Content from the Site, service or tools or SuTasty & ENC copyrights and trademarks. Harvest or otherwise collect information about users, including email addresses, without their consent and our consent. Violate this Agreement, the Privacy Policy, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising). Take any action that may undermine online reviews or feedback. Appear to create liability for SuTasty & ENC or cause SuTasty & ENC to lose (in whole or in part) the services of SuTasty & ENC’s ISPs or other suppliers. Send any emails with deceptive subject lines or false or misleading heading information.
(b) You acknowledge that SuTasty & ENC does not pre-screen submitted Content, but that SuTasty & ENC and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. SuTasty & ENC does not endorse any Content submitted to the Site by any user or other licensor, or any opinion, claim, recommendation, or advice expressed therein, and SuTasty & ENC expressly disclaims any and all liability in connection with any Content. Without limiting the foregoing, SuTasty & ENC and its designees shall have the right to remove, without prior notice, any Content that violates the Agreement or is otherwise objectionable to SuTasty & ENC. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
(c) You acknowledge that SuTasty & ENC does not pre-screen submitted Content, but that SuTasty & ENC and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. SuTasty & ENC does not endorse any Content submitted to the Site by any user or other licensor, or any opinion, claim, recommendation, or advice expressed therein, and SuTasty & ENC expressly disclaims any and all liability in connection with any Content. Without limiting the foregoing, SuTasty & ENC and its designees shall have the right to remove, without prior notice, any Content that violates the Agreement or is otherwise objectionable to SuTasty & ENC. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
(d) You acknowledge and agree that you alone are responsible for the creation and compilation of your Content.
(e) You acknowledge and agree that SuTasty & ENC may, but is not obligated to, preserve or store your Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation, storage or disclosure is reasonably necessary. You understand that the technical processing and operation of the Site, including your Content, may involve
- Transmissions over various networks; and
- Changes to conform and adapt to technical requirements of connection networks or devices.
(f) You agree that you are responsible for actions and communications undertaken under your account. SuTasty & ENC takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against SuTasty & ENC and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify SuTasty & ENC and its affiliates from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
(g) You agree that you will use this Site in accordance with all applicable Canada federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
(h) You agree that any content posted on social media, shared with SuTasty & ENC or otherwise shared on any public platform may be used by SuTasty & ENC Nutrition in any way it chooses, including for testimonials, marketing materials and the like. You also agree that SuTasty & ENC shall not be responsible for any use of such content by any third parties before, during, or after SuTasty & ENC use of the content.
SuTasty & ENC's Rights To The Content You Post:
You maintain control of the content you submit on our site. We are permitted to distribute your content with anyone using any means, including advertising on other websites.
As a student, you retain ownership of the content you publish. By posting content, you authorize SuTasty & ENC to reuse and share it while retaining any ownership rights you may have over your content.
When you post content, comments, questions, or reviews, or when you submit ideas and suggestions for new features or improvements, you give SuTasty & ENC permission to use and share this content with anyone, distribute and promote it on any platform and in any media, and make changes or edits to it as we see fit.
In legal terms, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing or later developed). This includes making your content available to other companies, organizations, or individuals who work with SuTasty & ENC on content syndication, broadcast, distribution, or publication in other media, as well as using your content for promotion. You also waive any privacy, publicity, or similar rights that apply to all of these uses, to the extent permitted by applicable law. You represent and warrant that you have all of the rights, power, and authority required to allow us to utilize any content you provide. You also agree to all such uses of your content without any remuneration to you.
(a) SuTasty & ENC does not claim ownership rights in your Content. You grant SuTasty & ENC a license solely to enable us to use any information or Content you supply SuTasty & ENC, so that SuTasty & ENC is not violating any rights you might have in that Content. You grant SuTasty & ENC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, trademark, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow SuTasty & ENC to store, translate, or re-format your Content on SuTasty & ENC and display your Content on the website in any way SuTasty & ENC chooses. SuTasty & ENC will only use personal information in accordance with SuTasty & ENC Privacy Policy.
(b) As part of communications with other users, you may obtain personal information, including contact information, names, locations, occupation, and health or diet information from another SuTasty & ENC user or a third party. Without obtaining prior permission from the other user or such third party, this personal information shall only be used for such SuTasty & ENC-related communications or as specifically consented to by such user or third party submitted the information. SuTasty & ENC has not granted you a license to use the information for unsolicited commercial messages, a commercial purpose, or any other purpose. Without limiting the foregoing, without express consent from the user, you are not licensed to add any SuTasty & ENC user to your email or physical mail list.
(c) By posting Content on the Site, it is possible for an outside website or a third party to re-post that Content. You agree to hold SuTasty & ENC harmless for any dispute concerning this use. If you choose to display your own SuTasty & ENC-hosted content on another website, the image must provide a link back to its listing page on SuTasty & ENC or other applicable Site.
(d) SuTasty & ENC considers any solicited or unsolicited suggestions, ideas, proposals, content of any notes, messages, e-mails, postings, letters, concepts or other material submitted to it by users via the Site or otherwise (other than the account information, personal information) (collectively, the “Material”) to be non-confidential and non-proprietary, and SuTasty & ENC shall not be liable for the disclosure or use of such Material. If, at SuTasty & ENC request, any user sends Material to improve the site (for example through the Forums or to customer support), SuTasty & ENC will also consider that Material to be non-confidential and non-proprietary and we will not be liable for use or disclosure of the Material. Any communication by you to SuTasty & ENC is subject to this Agreement. The intellectual property rights in or relating to the Material will automatically be deemed to be assigned, granted and transferred by you to SuTasty & ENC upon their submission or communication to SuTasty & ENC, and you do assign all rights therein to SuTasty & ENC and agree that the same will automatically become the property of SuTasty & ENC and that SuTasty & ENC may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose, commercial or otherwise, SuTasty & ENC may elect, forever, without compensation or accounting to you and without further recourse by you.
(e) Certain activities in which you may participate may be recorded and used by SuTasty & ENC on the website, social media pages, podcast, and other forms of media and promotion. Your participation in such activities shall be deemed your consent to SuTasty & ENC’s collection and use of recorded content.
Third Party Sites
SuTasty & ENC is not responsible for the availability of outside websites or resources linked to or referenced on the Site. SuTasty & ENC does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. SuTasty & ENC does not monitor or investigate such websites and is not responsible for the content, functionality, or practices of such websites or widgets. You agree that SuTasty & ENC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources. If you decide to leave the Site and access any third-party website, you do so at your own risk. SuTasty & ENC suggests that you read the terms of use and privacy policies (if any) on those third-party websites.
Links on this Site may lead you to a product or service that provides an affiliate commission to SuTasty & ENC. SuTasty & ENC does not prioritize any such affiliate relationship over the needs of our users when making recommendations or providing information to users. Please note that we have not been given any free products, services, or anything of value by such affiliates in exchange for mentioning them on the Site.
No Warranty
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. SuTasty & ENC, SuTasty & ENC’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SuTasty & ENC SUPPLIERS PROVIDE SuTasty & ENC NUTRITION’S SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SuTasty & ENC, SuTasty & ENC’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SuTasty & ENC’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SuTasty & ENC SHALL CREATE ANY WARRANTY. SuTasty & ENC DOES NOT MAY ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASE OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR (D) THAT DEFECTS, IF ANY WILL BE CORRECTED, OR (E) THERE WON’T BE ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND OR ANY AND ALL PERSONAL INFORMATION AND OR FINANCIAL INFORMATION STORED THEREIN, OR (G) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY WILL BE MONITORED OR PREVENTED. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE
Liability Limit
IN NO EVENT SHALL SuTasty & ENC, AND (AS APPLICABLE) SuTasty & ENC SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SuTasty & ENC’s SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, SuTasty & ENC’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SuTasty & ENC’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SuTasty & ENC’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SuTasty & ENC THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD SuTasty & ENC Incorporated AND (AS APPLICABLE) SuTasty & ENC INCORPORATED’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE, SUBMITTED CONTENT, BREACH OF THIS AGREEMENT, OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Use SuTasty & ENC At Your Own Risk:
Using the Services may expose you to content that you find offensive, indecent, or objectionable. SuTasty & ENC has no obligation to keep such content from you and accepts no liability for your access or enrollment in any course or other content, to the extent permitted by relevant law. This also applies to any content about health, wellness, and physical activity. You are aware of the inherent risks and dangers associated with the strenuous nature of this sort of content, and by accessing it, you knowingly accept those risks, which include the possibility of disease, bodily harm, disability, or death. You accept complete responsibility for the decisions you make prior to, during, and following your access to the content.
When interacting directly with any student or the instructor, you must be cautious about the personal information you disclose. While we limit the types of information the instructor can request from students. We are not accountable for any disputes, claims, losses, injuries, or damage resulting from or related to the actions of the students.
When you use our Services, you will see connections to websites that we do not own or manage. We are not responsible for the content or operation of these third-party websites, including the collecting of information about you. You should also review their terms and privacy policies.
SuTasty & ENC's Rights:
We own the SuTasty & ENC platform and services, which include the website, current and future apps and services, as well as our logos, API, code, and employee-created material. You cannot tamper with or utilize them without authorization.
SuTasty & ENC and its licensors own all rights, title, and interest in and to the SuTasty & ENC platform and Services, including our website, existing or future applications, APIs, databases, and the content that our employees or partners submit or provide through our Services (excluding content provided by students). Our platforms and services are protected by copyright, trademark, and other laws in Canada and abroad. Nothing grants you the right to utilize the SuTasty & ENC name or any of its trademarks, logos, domain names, or other distinguishing brand elements. Any feedback, comments, or ideas you offer about SuTasty & ENC or the Services are entirely voluntary, and we shall be free to use them as we see fit, with no obligation to you.
You may not perform the following when accessing or using the SuTasty & ENC platform and Services:
Access, modify, or use non-public portions of the platform (including content storage), SuTasty & ENC’s computer systems, or the technical delivery systems of SuTasty & ENC’s service providers. Disable, interfere with, or attempt to circumvent any security-related aspects of the platforms, as well as probe, scan, or test the vulnerability of our systems. Copy, edit, make a derivative work of, reverse engineer, reverse assemble, or otherwise seek to uncover any source code or content from the SuTasty & ENC platform or Services. Access or search, or attempt to access or search our platform using any means (automated or otherwise) other than our currently available search functions via our website, mobile apps, or API (and only in accordance with the API terms and conditions). You may not use scraping, spidering, robots, or any other automated techniques to gain access to the Services. In any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as SuTasty & ENC); or interfere with or disrupt (or attempt to do so) the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other way interfering with or creating an undue burden on the Services.
Subscription Terms:
This section addresses extra rules that apply to your usage of our subscription-based collections as a student (“Subscription Plans”). By utilizing a Subscription Plan, you agree to the additional terms outlined in this section. It is important to note that the use of SuTasty & ENC is governed by the agreement between SuTasty & ENC and the subscribing organization, not these Terms.
1. Subscription Plans:
During your subscription to a Subscription Plan, we grant you a limited, non-exclusive, non-transferable license to access and view the material included in that Subscription Plan through the Services. With the exception at discretion of SuTasty & ENC, an access license of one (1) year.
Your Subscription Plan may also provide access to interactive environments, such as workplaces (“Interactive Sessions”). A third party may deliver interactive sessions, subject to its own agreement or terms and conditions, as well as the usage limitations indicated on our Support Page. You are responsible for adhering to the terms and conditions of any third-party supplier.
The scope, features, and pricing of your Subscription Plan access are determined by the subscription you purchase or renew. You cannot transfer, assign, or share your subscription with anyone else.
We reserve the right to cancel any license to use the content in our Subscription Plans for legal or policy reasons at any time and at our sole discretion, such as if we no longer have the right to offer the content via a Subscription Plan.
2. Account Management:
You may cancel your subscription by following the instructions on our Support Page. If you cancel your subscription to a Subscription Plan, your access will expire on the final day of your monthly period. If you cancel your subscription, you will not be entitled to a refund or credit for any amounts already paid, unless required by law. To clarify, canceling a subscription does not terminate your SuTasty & ENC account.
3. Free Trials and Renewals:
Your subscription may begin with a free trial. The duration of your subscription’s free trial term will be specified during sign-up. SuTasty & ENC selects free trial eligibility at its own discretion and reserves the right to limit access, eligibility, and duration. If we discover that you are not eligible for the free trial, we reserve the right to cancel it and stop your membership.
When the free trial time ends, we will collect the subscription amount for your next billing cycle. Unless you cancel your subscription before the end of the free trial period, it will renew automatically based on your subscription preferences (e.g., monthly or annual). Visit our Support Page to learn more about how to view applicable fees and the dates of your free trial period.
4. Payment and Billing:
The subscription fee will be displayed at the time of purchase. Visit our Support Page to learn more about where to locate the fees and dates associated with your membership. We may also be obligated to include taxes in your membership charge, as mentioned in the “Payments, Credits, and Refunds” section above. Payments are non-refundable, and no refunds or credits will be issued for partially used periods, unless required by law. Depending on where you are, you may be eligible for a refund. For further details, please refer to our Subscription Plan & No Refund Policy.
To enroll in a Subscription Plan, you must enter a payment method. By subscribing to a Subscription Plan and entering your billing information during checkout, you authorize us and our payment service providers to process payment for the then-applicable fees using the payment method on file for you. At the end of each subscription term, we will automatically renew your subscription for the same length of time and charge your payment method for the then-applicable amounts.
If we update your payment method using information given by our payment service providers (as detailed in the “Payments, Credits, and Refunds” section above), you permit us to continue charging the then-applicable fees to your new payment method.
If we are unable to complete payment using the payment method we have on file for you, or if you file a chargeback contesting charges made to your payment method and the chargeback is approved, we may suspend or terminate your subscription.
We have the right to amend our Subscription Plans or adjust the pricing for our Services at our sole discretion. Any pricing changes or changes to your subscription will take effect after you receive notice, unless otherwise required by applicable law.
5. Interactive Session Restrictions:
You may not perform the following when accessing or utilizing the Interactive Sessions:
SuTasty & ENC’s Interactive Sessions cannot be used for any other purpose, including providing web, database, or forum access or cryptocurrency mining, exceeding usage limits, accessing or using the sessions in commercial production environments, or disrupting our services. These limits are in addition to those stated elsewhere in these Terms, such as the “Content and Behavior Rules” and “SuTasty & ENC’s Rights” sections above.
6. Subscription Disclaimer:
We offer no guarantees regarding the availability of any specific material in any Subscription Plan, or the minimum amount of content in any Subscription Plan. At any time in the future, we reserve the right to add or remove features from any Subscription Plan, as well as alter or terminate a Subscription Plan at our sole discretion. We have no obligation to retain or store any content entered by you in connection with the use of any Subscription Plan. These disclaimers are in addition to those included in the “Disclaimers” section below.
Miscellaneous Legal Terms:
These phrases, like any other contract, contain dull but vital legal phrases that protect us from the many possibilities and clarify our legal relationship with you.
1. Binding Agreement:
You agree that by registering, accessing, or using our Services, you are entering into a legally binding agreement with SuTasty & ENC. If you do not accept these Terms, please do not register, access, or use any of our Services.
Any version of these Terms in a language other than English is offered for your convenience, and you understand and agree that if a controversy arises, the English language will prevail.
These Terms (and any agreements and policies linked from them) constitute the complete agreement between you and us.
If any portion of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be deemed substituted by a valid, enforceable provision that most closely fits the original provision’s intent, and the remainder of these Terms will remain in effect.
Even if we delay or fail to execute our rights in one situation, this does not waive our rights under these Terms, and we may opt to enforce them in the future. If we decide to waive any of our rights in a specific circumstance, it does not imply that we surrender our rights in general or in the future.
The following sections will survive the expiration or termination of these Terms: 2 (Content Enrollment and Lifetime Access), 5 (SuTasty & ENC’s Rights to Content You Post), 6 (Using SuTasty & ENC at Your Own Risk), 7 (SuTasty & ENC’s Rights), 8.5 (Subscription Disclaimers), 9 (Miscellaneous Legal Terms), and 10 (Dispute Resolution).
2. Disclaimers:
Our platform may be unavailable at times, either due to planned maintenance or due to a technical issue with the site. We may also encounter security concerns. These are only instances. You acknowledge that you will have no recourse against us if things do not go as planned. The Services and their content are provided on a “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties regarding the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no promise that using the Services will result in specified results. You use the Services (and any content) fully at your own risk. Some jurisdictions prohibit the exclusion of implied warranties, so some of the exclusions listed above may not apply to you.
We may decide to discontinue providing some elements of the Services at any time and for any reason. SuTasty & ENC, its affiliates, suppliers, partners, or agents will not be held accountable for any damages resulting from such disruptions or the lack of availability of such functionalities.
We are not liable for any delays or failures in the delivery of the Services caused by events beyond our reasonable control, such as an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunications outage; or government limitations.
3. Limitations of Liability:
There are inherent dangers to utilizing our Services, such as injuring yourself when accessing health and wellness material like yoga. You fully understand these risks and agree that you will have no recourse against us if you experience loss or damage while using our platform and Services. To the fullest extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, even if we’ve been advised of the possibility of damages in advance. Our liability (including the liability of each of our group companies, suppliers, partners, and agents) to you or any third party under any circumstances is limited to the greater of $100 USD or the amount you paid us in the 12 months preceding the occurrence giving rise to your claims. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so some of the foregoing may not apply to you.
4. Indemnity:
If you conduct in a way that puts us in legal jeopardy, we may take legal action against you. You agree to indemnify, defend (if requested), and hold harmless SuTasty & ENC, our group companies, and their officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from:
- the content you post or submit;
- your use of the Services;
- your violation of these Terms; or
- your violation of any third-party rights.
- Your indemnification obligation shall outlast the termination of these Terms and your use of the Services.
5. Governing law and jurisdiction:
These Terms and any dispute arising out of or in connection with these Terms, including any questions regarding its existence, validity, or termination, shall be governed by and construed in accordance with the laws of the Province of Ontario_and the federal laws of Canada applicable therein, without regard to its conflict of laws principles.
Any legal action or proceeding arising out of or relating to these Terms shall be instituted in the courts of the Ontario, Canada_____, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.
The parties expressly waive any right they may have to trial by jury in any legal proceeding arising out of or relating to these Terms.
This Governing Law and Jurisdiction clause shall not prevent either party from seeking injunctive relief or other equitable relief in any court of competent jurisdiction.
In the event of any inconsistency between the English language version of these Terms and any translation thereof, the English language version shall prevail.
6. Legal Action & Notices:
No action, regardless of form, arising from or connected to this Agreement may be taken by either party more than one year after the cause of action has accrued, unless this restriction is prohibited by law.
Any notice or other communication required under this agreement will be in writing and delivered by registered or certified mail with return receipt requested, or by email (by us to the email address associated with your account or by you to ___enutrition@myyahoo.com_______________).
7. Relationship Between Us:
You and we agree that there is no joint venture, partnership, employment, contractor, or agency relationship between us.
8. No Assignment:
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you created an account as an employee of a company, it cannot be moved to another. We may transfer these Terms (or the rights and licenses granted under them) to another firm or person without restriction. These Terms grant no rights, benefits, or remedies to any third-party person or entity. You agree that your account is not transferable, and that all rights to your account and any rights under these Terms expire upon your death.
9. Sanctions and Export Laws:
You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) are not located in or a resident of any country subject to applicable US trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimean, Donetsk, or Luhansk regions). You also guarantee that you are not a person or company named on any US government-designated national or denied-party lists.
If you become subject to such a restriction during the term of any agreement with SuTasty & ENC, you must notify us within 24 hours, and we reserve the right to terminate any further obligations to you, effective immediately and without further liability to you.
You may not directly or indirectly access, use, export, re-export, divert, transfer, or disclose any portion of the Services or any related technical information or materials in violation of any United States or other applicable country export control and trade sanctions laws, rules, or regulations. You agree not to upload any content or technology (including encryption information) whose export is specifically controlled by such laws.
Dispute Resolution:
If there is a dispute, our Support Team will gladly assist you in resolving it. If that doesn’t work and you live in the United States or Canada, you can go to small claims court or bring a claim in binding individual arbitration; but, you cannot bring that claim in another court or participate in a non-individual class action lawsuit against us.
This Dispute Resolution section (“Dispute Resolution Agreement”) is only applicable if you reside in the United States or Canada. Most problems can be handled, so before filing a formal legal case, please contact our Support Team.
1. Dispute Resolution Overview:
SuTasty & ENC is committed to making every effort to resolve disagreements with its users without the need for a formal legal claim to be filed. If a disagreement occurs between us, you and SuTasty & ENC undertake to first try diligently and in good faith to find a fair and equitable resolution for both parties using the mandatory informal dispute resolution method stated below. On occasion, we may need the assistance of a third party to resolve our issue. This Dispute Resolution Agreement limits the manner in which certain disagreements can be addressed.
YOU AND SuTasty & ENC AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICABILITY, BREACH, TERMINATION, VALIDITY, ENFORCEMENT, OR INTERPRETATION OF THEM, OR TO THE USE OF THE SERVICES OR COMMUNICATIONS WITH SuTasty & ENC (COLLECTIVELY, “DISPUTES”) THAT ARE NOT RESOLVED INFORMALLY MUST BE ADDRESSED SOLELY IN SMALL CLAIMS COURT OR BY BINDING.
YOU AND SuTasty & ENC AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING, WHETHER IN COURT OR IN ARBITRATION.
You and SuTasty & ENC agree that this Dispute Resolution Agreement applies to both of us, as well as any of our respective agents, attorneys, contractors, subcontractors, service providers, employees, and anyone else operating for or on behalf of you or SuTasty & ENC. This Dispute Resolution Agreement is binding on your and SuTasty & ENC’s heirs, successors, and assigns, and it is governed by the Federal Arbitration Act.
2. Mandatory Informal Dispute Resolution Process:
Before bringing a claim against each other, you and SuTasty & ENC must first go through the informal dispute settlement process outlined in this section.
The claiming party must send the other a short, written statement (“Claim Statement”) with their full name, mailing address, and email address explaining:
- The nature and details of the Dispute; and
- A proposal for resolving it (including any money claimed and how that amount was calculated).
Sending a Claim Statement suspends the running of any applicable statute of limitations for a 60-day period beginning on the date the Claim Statement is received. You can send your Claim Statement to SuTasty & ENC via email at __enutrition@myyahoo.com__________________ or by certified mail to SuTasty & ENC Attn: Legal, 770 Lynn Street, Windsor, Ontario, N9G1G7, Canada___. SuTasty & ENC will deliver Claim Statements and react to you using the email address linked with your SuTasty & ENC account, unless you specify otherwise.
When one of us gets a Claim Statement, the parties will make good faith efforts to resolve it informally. If we are unable to resolve it within 60 business days of receipt, each of us may file a formal claim against the other in small claims court or individual arbitration, subject to the conditions of this Dispute Resolution Agreement.
Failure to complete this process constitutes a material breach of the Terms, and no court or arbitrator has jurisdiction to hear or settle any Disputes between you and SuTasty & ENC.
3. Small Claims:
Disputes that are not addressed through the mandatory informal dispute resolution process can be filed in small claims court in: __Ontario____________, Canada_____________; (b) the county where you live; or (c) another location we both agree on. We each waive our right to file any Disputes between us in courts other than small claims court, including courts with general or special jurisdiction.
4. Arbitration:
You and SuTasty & ENC have the option of resolving disputes through individual arbitration as an alternative to small claims court. While there is no judge or jury in an arbitration, the arbitrator has the authority to award the same individual remedies and must follow our agreement in the same manner as a court. If one of us files a Dispute in a court other than a small claims court, the other party may petition the court to force us both to submit to arbitration. We can also ask the court to halt a court proceeding while an arbitration proceeding is ongoing. If any cause of action or claim for relief cannot be addressed in arbitration, you and SuTasty & ENC agree that any court actions will be stayed until all arbitrable causes of action and claims for relief are resolved in arbitration. This Dispute Resolution Agreement is not intended to limit the individual redress available to either of us in arbitration or small claims court.
If you and SuTasty & ENC disagree on whether a Dispute must be arbitrated, the scope of the arbitrator’s powers, or the enforceability of any aspect of this Dispute Resolution Agreement, the arbitrator shall have sole authority to resolve all such disagreements, including but not limited to those concerning the formation, legality, interpretation, and enforceability of this Dispute Resolution Agreement, to the fullest extent permitted by law. This rule does not limit the process for contesting an erroneously initiated arbitration.
Any court of competent jurisdiction will have the authority to enforce the terms of this Dispute Resolution Agreement and, if necessary, to enjoin the filing or prosecution of any arbitrations, as well as to assess fees for any arbitration or mediation not conducted in accordance with this Dispute Resolution Agreement.
If the American Arbitration Association (“AAA”) or any other arbitration organization or arbitrator is unable to administer any arbitration required by this Dispute Resolution Agreement for any reason, you and SuTasty & ENC will negotiate in good faith to have another organization or individual handle the arbitration. If we are unable to agree on an alternative, you or SuTasty & ENC may petition a court of competent jurisdiction to appoint an organization or individual to conduct the arbitration in accordance with this Dispute Resolution Agreement at a cost comparable to the designated arbitration organization.
5. General Arbitration Rules:
The arbitration process will differ depending on whether your claim is filed individually or as part of a Mass Arbitration (as defined below). Unless there is a Mass Arbitration, the general arbitration rules detailed in this section (“General Arbitration Rules”) will apply.
All arbitrations will be conducted before a single arbiter. Unless otherwise specified in this Dispute Resolution Agreement, a party opting arbitration must commence proceedings by filing an arbitration claim with the AAA. Consumer arbitrations will be governed by these Terms, the AAA Consumer Arbitration Rules, and the AAA Consumer Due Process Protocol. Arbitrations involving anyone else, including teachers, will be governed by these Terms, the AAA Commercial Arbitration Rules, and the AAA Optional Appellate Rules. If there is a disagreement between these Terms and any applicable AAA rules or protocols, these Terms will prevail.
Disputes involving a claim for less than $15,000 USD in actual or statutory damages (excluding attorneys’ fees and incidental, consequential, punitive, and exemplary damages, as well as any damage multipliers) must be resolved exclusively through binding, non-appearance-based individual arbitration based solely on the parties’ written submissions. All other arbitrations must be conducted by phone, video conference, or based only on written submissions. Any court with jurisdiction may pass judgment on an arbitrator’s award.
To initiate an arbitration proceeding with the AAA, the claiming party must send a letter describing the Dispute and requesting arbitration to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or submit a request online via the AAA website.
6. Mass Arbitration Rules:
If 25 or more claimants (each a “Mass Arbitration claimant”) or their lawyers file or disclose an intention to file demands for arbitration against SuTasty & ENC raising substantially identical Disputes, and the claimants’ counsel is the same or coordinated across the Disputes (a “Mass Arbitration”), these special rules apply.
Each Mass Arbitration claimant must follow the informal dispute resolution procedures outlined in this Dispute Resolution Agreement. Counsel for claimants must file a single Claim Statement for all Mass Arbitration claimants that includes their full name, postal address, and email address. The Mass Arbitration claimants must then follow the “bellwether procedure” described below, in which a group of up to ten claimants proceed to arbitration (each a “bellwether arbitration”), followed by a mandatory mediation process to resolve the Mass Arbitration claimants’ disputes. Any statutes of limitation applicable to Disputes of Mass Arbitration claimants will be tolled from the time they submit their Claim Statement until the mandated mediation process is finished.
Counsel for the Mass Arbitration claimants and SuTasty & ENC’s counsel will each select up to five claimants for bellwether arbitrations (no more than ten in total), which will be decided individually as bellwether arbitrations under the General Arbitration Rules, with each case assigned to a separate arbitrator. If any other Mass Arbitration claimants file claims in arbitration, they must be swiftly dismissed without prejudice before the bellwether arbitrations may begin. Each bellwether arbitration will be completed within 120 days. Mass Arbitration claimants may not file any more arbitration demands while the bellwether arbitrations and subsequent mandated mediation process are ongoing.
Following the resolution of the ten bellwether cases, SuTasty & ENC’s counsel and counsel for the Mass Arbitration claimants must participate in non-binding confidential mediation for at least 60 days in a good faith effort to resolve all Disputes of the Mass Arbitration claimants. This mediation will be undertaken by the AAA in accordance with its then-current Mediation Procedures, unless SuTasty & ENC and the Mass Arbitration claimants mutually agree on another mediator and/or mediation procedure.
If the bellwether arbitrations and subsequent mediation fail to resolve the Disputes of all Mass Arbitration claimants, those Disputes may only be pursued on an individual basis in small claims court or with FairClaims, Inc. (“FairClaims”), rather than the AAA or any other arbitral organization or arbitrator, under FairClaims’ Small Claims Rules & Procedures. To the extent that any cause of action or claim for relief cannot be addressed by FairClaims under its Small Claims Rules & Procedures, you and SuTasty & ENC agree that any court proceedings involving Mass Arbitration claimants and the relevant section of SuTasty & ENC will be paused until all arbitrable causes of action and claims for relief are finalized in arbitration with FairClaims.
If the Mass Arbitration Rules are determined to be unenforceable for any reason in a decision of any arbitrator or court as to which further review is foreclosed and all motions, appeals, and petitions for review have been fully resolved (a “Final Determination”), then you and SuTasty & ENC agree that all unresolved Disputes between Mass Arbitration claimants and SuTasty & ENC must be filed in and resolved by a court of competent jurisdiction only (including on a class action basis). If any arbitrations filed by or on behalf of Mass Arbitration claimants remain pending following a Final Determination, those claimants must immediately dismiss such arbitrations without prejudice. A determination that these Mass Arbitration Rules are unenforceable for any reason, including a Final Determination, has no bearing on the validity or enforceability of any other aspects of these Terms, including those set forth in this Dispute Resolution Agreement.
7. Fees & costs:
You and SuTasty & ENC agree that in the case of a dispute, each party will incur its own expenses and attorneys’ fees, with the exception that either party may recover fees and costs to the extent permissible by law. If a court or arbitrator determines that an arbitration was brought or threatened in bad faith, or that the demand was frivolous or asserted for an improper purpose, the court or arbitrator has the authority to award attorneys’ fees to the party defending against the claim to the fullest extent permitted by law.
8. No class actions:
Except as expressly stipulated in the Mass Arbitration Rules, we both agree that we can only file individual claims against each other. This means that: (a) neither of us can file a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one claimant’s case can only resolve disputes between that user and not other users. Nothing in this Dispute Resolution Agreement restricts the parties’ ability to resolve a Dispute through mutual agreement and a class-wide settlement of claims.
9. Changes:
Notwithstanding the “Updating these Terms” section below, if SuTasty & ENC changes this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing SuTasty & ENC written notice of such rejection by mail or hand delivery to SuTasty & ENC Attn: Legal, _770 Lynn Street, Windsor, Ontario, N9G1G7, Canada_____________, or by email from the email address associated with your SuTasty & ENC account to __enutrition@myyahoo.com____________, within 30 days of To be effective, the notice must include your complete name and explicitly state that you intend to reject modifications to this “Dispute Resolution” section. By rejecting revisions, you agree to arbitrate any dispute between you and SuTasty & ENC in accordance with the provisions of this “Dispute Resolution” section, as of the date you last indicated approval of these Terms.
10. Arbitration Was Improperly Initiated:
If either party believes that the other has initiated an arbitration in violation of this Dispute Resolution Agreement, if such an arbitration is threatened, or if either party has reason to believe that an improperly commenced arbitration is imminent, the party against whom the arbitration has been or will be initiated may seek an order from a court of competent jurisdiction enjoining the arbitration from being filed or continued, and awarding its fees and costs, including
Update These Terms:
We may update these Terms from time to time to explain our practices or to reflect new or different practices (for example, when we add new features), and SuTasty & ENC has the right to modify and/or change these Terms at any time in its sole discretion. If we make a major change, we will notify you in a prominent manner, such as by email notice sent to the email address indicated in your account or by publishing a notice on our Services. Unless otherwise specified, modifications take effect on the day they are posted.
Your continued use of our Services after changes become effective constitutes acceptance of those changes. Any new Terms will supersede any previous Terms.
How to Contact Us:
The easiest way to reach us is to contact our Support Team at email: enc@enutrition.me______________. We’d love to hear your questions, problems, and feedback about our services.
Thank you for joining us to learn!
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No output produced by enutrition.online Services may be used to create machine learning models or associated technologies. enutrition.online or its licensors, suppliers, publishers, rightsholders, or other content providers reserve and retain all rights not expressly granted to you in these Conditions of Use or any Service Terms. Without our express written agreement, no enutrition.online service, or any portion of an enutrition.online service, may be replicated, copied, sold, resold, visited, or used in any other way for commercial gain. Without explicit prior permission, you are not permitted to frame or use framing methods to enclose any trademark, logo, or other private information (including text, images, page layouts, or forms) of enutrition.online. No output produced by enutrition.online Services may be used to create machine learning models or associated technologies. enutrition.online or its licensors, suppliers, publishers, rightsholders, or other content providers reserve and retain all rights not expressly granted to you in these Conditions of Use or any Service Terms. Without our express written agreement, no enutrition.online service, or any portion of an enutrition.online service, may be replicated, copied, sold, resold, visited, or used in any other way for commercial gain. Without explicit prior permission, you are not permitted to frame or use framing methods to enclose any trademark, logo, or other private information (including text, images, page layouts, or forms) of enutrition.online.
YOUR ACCOUNT
To utilize some enutrition.online Services, you might need to have your own enutrition.online account, be logged in, and have a working payment method connected to it. We may charge any other legitimate payment method linked to your account if there is an issue with charging the payment method you have specified. To manage your payment choices, go to Your Payments. You also agree to take responsibility for any activity that happens under your account or password. You are in charge of keeping your account and password private and limiting access to it. Children’s products are available on enutrition.online, but only for adult customers who can pay with a credit card or other accepted payment method. You may only use the enutrition.online Services with the assistance of a parent or legal guardian if you are under the legal age of majority in your province or territory of residence. In its sole discretion, enutrition.online retains the right to reject service, cancel orders, delete or edit content, terminate accounts, and terminate your ability to use enutrition.online Services.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Sending e-cards and other communications, posting reviews, comments, photos, videos, and other content, and submitting suggestions, ideas, comments, questions, or other information are all permitted as long as the content doesn’t violate any laws, be offensive to people of any race or ethnicity, violate someone else’s privacy, violate intellectual property rights (including publicity rights), or in any other way harm third parties. It also can’t include software viruses, political campaigning, unsolicited commercial electronic messages, chain letters, mass mailings, or any kind of “spam” or unsolicited commercial electronic messages. You are not allowed to pretend to be someone else, use a fake email address, or give incorrect information about the source of a card or other content. Although it does not routinely monitor uploaded content, enutrition.online maintains the right (but not the duty) to delete or alter such content.
If you do post content or submit material, you grant enutrition.online the right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content worldwide in any media, without restriction and without regard to royalty, unless we specifically state otherwise. You give enutrition.online and its sublicensees permission to use your name in connection with such content at their discretion. You guarantee that the content you post is accurate, that using it won’t violate this policy or harm anyone, and that you will hold enutrition.online harmless from any claims arising from content you supply. You also represent and warrant that you own or otherwise control all of the rights to the content you post. Although it is not required, enutrition.online is free to monitor, modify, or remove any content or behavior. enutrition.online disclaims all liability and responsibility for any content that you or any third party may upload.
INTELLECTUAL PROPERTY COMPLAINTS
enutrition.online honors other people’s intellectual property. If you think that someone is violating your intellectual property rights, please refer to our Notice and Procedure for Filing Copyright Infringement Claims.
RISK OF LOSS
Every physical item that is purchased from enutrition.online is done so in accordance with a shipment contract. This indicates that, in the event that such things need to cross an international border, the risk of loss and title will transfer to you upon their clearance by Canadian customs. Otherwise, the risk of loss and title will transfer to you upon our delivery of the items to the carrier.
RETURNS AND REFUNDS
At enutrition.online, we are committed to ensuring our customers are satisfied with their purchases. To facilitate returns for products supplied through enutrition.online, we adhere to a comprehensive return policy. Customers must return undamaged and unworn goods within fourteen (14) days from the date of initial receipt of the goods by the end customer. The customer is responsible for the shipping costs of returning the item.
When initiating a return, enutrition.online will first contact the Supplier to confirm the correct return address and enutrition.online shall inform the Customer of the correct address to return the package. The customer then sends the product back to the Supplier within the specified fourteen (14) day period from the date of receiving the product from the Supplier. Upon receiving the product in good condition, the Supplier logs into enutrition.online, navigates to Orders > Shipped and Completed, and locates the PayPal email and Transaction ID. Using these details, the Supplier logs into PayPal, locates the transaction, and clicks “issue refund” to refund the Item Cost, transaction fees, and shipping fees to enutrition.online. The Supplier then emails ____enc@enutrition.me________________ to request a refund for transaction fees.
Full refunds will be issued if the returned product is received in an unused and undamaged condition. However, partial or no refunds will be provided if the product is used or damaged. The amount of the refund in such cases is at the Supplier’s discretion, and enutrition.online will have no part in determining the refund amount.
For items purchased through Amazon, returns will be handled directly by Amazon in accordance with their return policy. enutrition.online will not be involved in the return process for these orders.
When the Customer uses Amazon’s associate seller link, all returns or any other customer queries will only be resolved as per Amazon’s policy, and enutrition.online will have no part in this.
For any inquiries or concerns regarding the return process, please contact our customer service team at _enc@enutrition.me____________.
PRODUCT DESCRIPTIONS
enutrition.online makes an effort to be as precise as they can. But, enutrition.online makes no guarantees on the accuracy, completeness, dependability, timeliness, or error-free nature of product descriptions or other content on any enutrition.online Service. Unless your province of residence permits you to pursue other remedies, your only option if a product supplied by enutrition.online itself is not as represented is to return it in unused condition.
PRICING
“List Price” refers to a product’s recommended retail price as given by the seller, supplier, or manufacturer. We frequently compare List Prices to most recent prices discovered on enutrition.online and other online stores. A “Was Price” for some products might be shown; this is based on the product’s recent pricing history on enutrition.online.
We are unable to verify an item’s price for products offered by enutrition.online until you place an order. It is possible that some of the items in our catalog are not priced accurately, even with our best efforts. In the event that an item sold by enutrition.online has a true price that is greater than our advertised price, we reserve the right to either cancel your order and notify you of the cancellation or contact you for instructions prior to shipping. In the case that an item is mispriced, other retailers can have different guidelines.
Usually, we don’t charge your credit card until your order has started the shipping process or, in the case of digital products, until we give you access to the digital content.
APP PERMISSIONS
Using apps developed by enutrition.online, enutrition.online App, may need you to give us access to specific device permissions. You may find out more about these permissions from the majority of mobile devices. Click here to find out more about these rights.
SANCTIONS AND EXPORT POLICY
If you are the target of U.S. sanctions or sanctions imposed by the governments of the countries in which you are using enutrition.online Services in accordance with U.S. law, you are not permitted to use any enutrition.online service. Any export and re-export limitations that may be applicable to products, software (including enutrition.online Software), technology, and services must be complied with by you.
OTHER BUSINESSES
Companies other than enutrition.online run retail locations, offer software or other services, or use the enutrition.online Services to sell product lines. We also offer links to the websites of certain other businesses and related corporations. You are not buying from enutrition.online when you buy any of the goods or services that these companies or individuals are offering. Instead, you are buying straight from them. We do not guarantee the services provided by any of these companies or people (including the information on their websites), nor are we in charge of investigating or assessing them. Regarding all of these and other third parties’ acts, products, and content, enutrition.online disclaims all liability. Reviewing their terms of service and privacy policies should be very important.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Certain jurisdictions do not permit limitations on implied warranties or conditions, nor do they permit the exclusion or limitation of certain damages. One such jurisdiction is Quebec’s Consumer Protection Act. YOU MAY HAVE ADDITIONAL RIGHTS IF THESE LAWS APPLY TO YOU, AND SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS BELOW MAY NOT APPLY TO YOU.
Unless otherwise specified in writing, enutrition.online PROVIDES THE enutrition.online SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE enutrition.online SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. Unless otherwise specified in writing, enutrition.online makes no representations or warranties of any kind, either explicit or implied, regarding the operation of the enutrition.online services or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the enutrition.online services. YOU AGREE EXPRESSLY THAT YOU ASSUME ALL RISK FOR USING THE enutrition.online SERVICES.
enutrition.online disclaims all warranties and conditions, whether expressed or implied, to the maximum extent permitted by law. This includes, but is not limited to, implied warranties of merchantability and fitness for a particular purpose. enutrition.online disclaims all warranties regarding the information, products, materials, software, and other services that are included on or otherwise made available to you through the enutrition.online services.
Additionally, enutrition.online does not guarantee that any electronic communications sent from enutrition.online or its servers are free of viruses or other harmful components.UP TO THE FULL AMOUNT PERMITTED BY LAW, enutrition.online WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM THE USE OF ANY enutrition.onlineSERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY enutrition.onlineSERVICE, INCLUDING UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any disagreement or claim pertaining to your usage of any enutrition.online Service, or to any goods or services that enutrition.online sells or distributes through enutrition.online Services, will be settled through binding arbitration rather than going to court. However, you may: (1) file a claim in small claims court if it meets certain requirements; and (2) if your province of residence’s applicable laws allow you to resolve your dispute or claim in that province’s courts despite your agreement to arbitration, you may choose to proceed with arbitration or not.
n arbitration, there is no jury or judge, and the extent of judicial review of an arbitration ruling is restricted. However, an arbitrator must abide by the provisions of these Conditions of Use and may award the same damages and remedies as a court on an individual basis, including statutory damages and injunctive and declaratory relief.
You must write a letter to our registered agent _____ requesting arbitration and outlining your claim in order to start an arbitration procedure. The American Arbitration Association (AAA) will handle the arbitration in accordance with its rules, which include its Supplementary Procedures for Consumer-Related Disputes. The AAA’s regulations can be obtained by contacting 1-800-778-7879 or visiting www.adr.org. All filing, administrative, and arbitration fees will be paid in accordance with the rules of the AAA. In the event that the arbitrator finds that the claims are frivolous, we shall reimburse those fees for claims totaling less than ____. enutrition.online also promises not to pursue legal fees and costs in arbitration unless the arbiter finds the claims to be baseless. You can opt for a telephone arbitration, one based on written submissions, an in-person arbitration in your home county, or another mutually agreed-upon venue.
Each of us agrees that any dispute resolution procedures will only be handled individually, not as part of a consolidated, class, or representative action. We all give up the right to a jury trial in the event that a claim is heard in court rather than through arbitration for any reason. We also agree that in order to prevent infringement or other misuse of intellectual property rights, you or we may file a lawsuit in court.
APPLICABLE LAW
By utilizing any enutrition.online Service, you consent to the jurisdiction of the Commercial Arbitration Act, applicable federal law, and the province of __Ontario__________, Canada, over these Conditions of Use and any potential disputes between you and enutrition.online, except to the extent that Canadian federal or provincial law specifies otherwise.
GOVERNING LANGUAGE
The parties specifically request that these Conditions of Use be written in English. The English version of these Conditions of Use will take precedence over any translations into other languages in the event of any inconsistency, discrepancy, or conflict.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please take a look at the other policies we have provided on this website, such as our price policy. Your usage of enutrition.online Services is likewise governed by these policies. We maintain the right, at any moment, to modify our website, policies, Service Terms, and these Terms of Use. Any of these conditions that are determined to be void, illegal, or unenforceable for any reason will be considered severable and will not impact the legality or enforceability of the other conditions.
OUR ADDRESS
_____770 Lynn Street, Windsor, Ontario, N9G 1G7_________
______________
Canada
Our Mailing Address
770 Lynn Street, Windsor, Ontario, N9G 1G7, Canada
ADDITIONAL enutrition.online SOFTWARE TERMS
The software (including any upgrades or updates) and any associated documentation we make available to you in conjunction with enutrition.online Services are subject to the following conditions (“Software Terms”). This applies to all software (the “enutrition.online Software”).
- Application of enutrition.online Software. As allowed by these Conditions of Use and any applicable Service Terms, you may only use enutrition.online Software to facilitate your use of the enutrition.online Services. It is forbidden to combine any part of the enutrition.online Software with other programs, or to copy, modify, create derivative works from, distribute, assign rights to, or license the enutrition.online Software in whole or in part, unless you are using it to exercise the rights granted in this section. Copyright rules in Canada and other countries safeguard all software used in enutrition.online Services, whether it is owned by enutrition.online or its software providers.
- Utilizing Services Provided by Third Parties. You might also be using the services of one or more third parties, like a mobile software provider or a wireless carrier, while you use enutrition.online Software. The different policies, terms of use, and fees of these third parties may apply to you when you use their services.
- Not a single reverse engineer. No portion of the enutrition.online Software may be reverse engineered, decompiled, disassembled, altered, or circumvented through any security measures.
- Updates. We may, at any time and without prior notice to you, provide either manual or automatic updates for the enutrition.online Software.
- Disagreements. If these terms of use and any other enutrition.online or third-party terms that apply to any element of the enutrition.online Software conflict, then those other terms will prevail with respect to that part of the enutrition.online Software and to the extent of the conflict. Examples of such other terms would be open-source license terms.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Use our online form to file a complaint if you think your intellectual property rights have been violated. Any kind of intellectual property claim, including but not limited to copyright, trademark, and patent claims, may be reported using this form.
When rights owners report any suspected infringement, we react promptly to their concerns. In suitable cases, we also take action against serial violators.
For copyright concerns exclusively, we provide the following substitute for our online form. You can contact our copyright agent at: to make written claims of copyright infringement.
Copyright Agent
_ENC, 770 Lynn Street___________
_Windsor. Ontario____________
____N9G 1G7, Canada_________
Email: __enc@enutrition.me_____________
Courier address:
Copyright Agent
_ENC, 770 Lynn Street___________
_Windsor. Ontario____________
____N9G 1G7, Canada___
Written accusations of copyright infringement have to contain the following details:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the intellectual property that you believe has been violated;
- A description of the location on the website of the material you allege is infringing;
- Your phone number, email address, and address;
- A declaration from you stating that you sincerely believe the disputed use is not permitted by the law, the copyright owner, or its agent;
- A declaration from you, given under penalty of perjury, attesting to the accuracy of the information above in your notice and attesting to the fact that you are the copyright owner or have been given permission to act on their behalf.
The eNutrition Certificate Program is authored, designed, and published by the eNutrition Network Corporation (ENC). eNutrition Network Corporation…
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