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Terms of Use

 

I.  INTRODUCTION

These Terms of Use (the/this “Agreement”) constitutes a lawfully binding agreement by and between Sattvika Nutrition, LLC (hereinafter, “Sattvika Nutrition”) and You(“You” “Your” “User” “Member”) concerning Your use of Sattvika Nutrition’s website located at www.FitnSpicyLiving.com (the “Website”), related mobile and tablet applications and/or available services (hereinafter collectively referred to as the “Services”).Your use of this site is expressly conditioned on your acceptance of the following terms and conditions and Sattvika Nutrition’s Privacy Policy (herein incorporated by reference and made part of the Agreement) until Termination (as defined in Section XXVI).By using this site, you signify your assent to the Agreement. If you don’t agree with any part of the Agreement, please don’t use the Website and related mobile and tablet applications.

These Terms of Use are to be read consistent with the Community Guidelines and Privacy Policy, which are incorporated herein resulting in a fully-integrated agreement of use and procedure.

II. PRIVACY POLICY

By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. While most changes are little or trivial, Sattvika Nutrition urges You to frequently check this Privacy Policy for changes.

III. CHANGES TO THESE TERMS OF USE AND PRIVACY POLICY

Sattvika Nutrition reserves the right to amend the Agreement and Privacy Policy at any time without Your consent. Upon amendment, You will be informed by - (1) the posting of a new version and/or (2) a change communication on the Website. It is User’s responsibility to review the Agreement and the Privacy Policy periodically. Continual use of the Services will be construed as Your indirect consent to the changes of the Agreement and/or Privacy Policy following the date in which the modified or amended Agreement and/or Privacy Policy is posted on the Website. If, at any time, You find either the Agreement or Privacy Policy unacceptable, You must immediately leave and cease using the Services. Use of information Sattvika Nutrition collects is subject to the Privacy Policy in effect at the time such information is used.

IV. ELIGIBILITY

By using the services, you represent and warrant that you are at least 18 yrs of age and are otherwise lawfully qualified to enter into and form contracts under applicable law. This agreement is void where prohibited.

V. LICENSE

Subject to Your compliance with the Agreement, Sattvika Nutrition grants You a revocable license that isn’t exclusive, isn’t sub-licensable, and isn’t transferable to use the Services. The license granted herein is a “use license,” and isn’t a license for commercial gain unless You have agreed to the subscription services and programs provided by Sattvika Nutrition and you are in compliance with such subscriptions services. The Services are for Your personal use and can’t be used for commercial purposes, unless doing so is in the ordinary course of Your business. Sattvika Nutrition doesn’t claim to be a medical provider, and thus the license granted herein is restricted as set forth in Section VI, below. The Website, any portion of the Website, or related mobile and tablet applications can’t be reproduced, duplicated, copied, modified, sold, marketed for sale, traded, distributed, visited, or otherwise taken advantage of for any commercial purpose without the express prior written consent of Sattvika Nutrition. Except as expressly set forth herein, according to the Agreement You aren’t granted any rights in or to the intellectual property of Sattvika Nutrition or any other party. The license granted in this section is conditioned on Your compliance with the Agreement. If You breach any terms of the Agreement, Your rights under this section will immediately terminate. This license can’t be licensed By You to third-parties.

 

VI. MEDICAL DISCLAIMER –WE DON’T PROVIDE PROFESSIONAL MEDICAL SERVICES

The services don’t contain or constitute, and shouldn’t be interpreted as, medical advice or opinion. You hereby agree that, before using the website and services, you shall consult your physician, particularly if you are at any risk due to changes in exercise or food habits. Your use of the website or related mobile and tablet applications doesn’t constitute a medical consultation.

Sattvika Nutrition doesn’t provide medical services or render medical advice. The Website and Services aren’t a substitute for the advice of a medical professional, and the information made available on or through the Services shouldn’t be utilized to identify or make medical decisions. If you require medical advice or services, You should consult the appropriate medical professionals.

Sattvika Nutrition empowers You with reliable health, nutrition, fitness tips and recommendations that are a guide to a sustainable healthy, natural and holistic way of living. Our dependable nutrition recommendations are based on the results of current scientific investigations. They aren’t intended to replace conventional medicine or traditional methods used by qualified medical professionals. We would rather that you obtain an evaluation by your doctor before seeking nutrition advice. Sattvika Nutrition is a reliable qualified nutrition professional (RDN) who works together with you and provides suitable nutrition recommendations and advice based on the medical evaluation completed by your doctor. We also provide software tools that help you reach your health and fitness goals. Our fitness videos include instructions from qualified fitness professionals. We believe that we are experts in Indian food nutrition based on work experience, training and educational qualifications that include multiple advanced degrees in Computer Engineering, Science and Nutrition.

VII. FOOD DATABASE AND NUTRITIONAL INFORMATION

FitnSpicy Living’s food database contains a combination of nutritional information entered directly by Sattvika Nutrition and based on recipes entered by Sattvika Nutrition and other FitnSpicy Living members (“Food Database”). The food component values included within this Food Database have been compiled from multiple sources including, among others, the USDA Database for Standard Reference, Release 21 (2008) (SR21), other USDA databases, National Institute of Nutrition, scientific literature, food company websites, food companies, and food labels. Other sources of information provided within this food database or within the values represented herein include - Bowes and Church's food values of portions commonly used / Pennington and Spungen - 19th ed. Information on this Website is intended as general information only.

VIII. FITNESS DATABASE

FitnSpicy Living’s fitness database contains activities and corresponding MET factors based on the 2011 Compendium of Physical Activities. Individual differences in energy expenditure for the same activity can be large and the true energy cost for an individual may be a large deviation or close to the stated mean MET level as presented in the Compendium. Lippincott, Williams, and Wilkins, possesses the copyright on the published Compendium in Medicine and Science in Sports and Exercise. Information on the Website is intended as general information only. It isn’t intended to provide or take the place of medical advice. Always consult with qualified healthcare providers for identification and treatment, as well as answers to personal health questions.

IX. THIRD-PARTY CONTENT

Any opinions, advice, statements, or other information made available by means of the services by third-parties are those of their respective authors, and shouldn’t necessarily be trusted. Such authors are solely responsible for such content. Sattvika Nutrition doesn’t -(1) guarantee the accuracy, completeness, or usefulness of any third-party information on the website or related mobile and tablet applications or (2) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party by means of the services. Regardless of the circumstances. Sattvika Nutrition won’t be responsible for any loss of profit or damage resulting from your reliance on information or other content posted on the website or related mobile tablet applications or transmitted to or by any third-party.

X. ASSUMPTION OF RISK

You assume all risk when using the website, related mobile tablet applications and services. You, on behalf of yourself, your personal representatives and your heirs, hereby voluntarily agree to release, waive, discharge, deem safe and guiltless, defend and indemnify Sattvika Nutrition and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, and assigns from any and all claims, actions or damage or loss of profits whether to you or to third-parties, which may result from your use of the website, related mobile tablet applications and services.

XI. USER INFORMATION AND PASSWORD PROTECTION

In connection with Your use of certain Services, You are required to complete a registration form. You represent and warrant that all user information provided on the registration form or otherwise in connection with Your use of the Services will be current, complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy through your personal profile. The completion of your registration form constitutes representations and warranties in which Sattvika Nutrition relies on in granting the license set forth in Section V, above. For more information, see the Privacy Policy. You will also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You can’t use the account, user name, or password of any other Member at any time. You agree to inform Sattvika Nutrition immediately of any unauthorized use of Your account, user name, or password. Sattvika Nutrition won’t be liable for any loss of profit that You incur as a result of someone else using Your password, either with or without Your permission. You may be held liable for any loss of profits incurred by Sattvika Nutrition, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password.

XII. PUBLIC PROFILES AND INFORMATION PROVIDED BY USER

As part of registration, members must create public profiles, which may contain certain identifying information (such as age, location, total weight-loss, etc.). Members also have the option to post photographs, videos and other information (such as likes and dislikes) on their public profiles. Sattvika Nutrition relies on its members to provide current and accurate information, and Sattvika Nutrition doesn’t, and can’t, investigate information contained in member public profiles. Accordingly, Sattvika Nutrition must assume that information contained in each member public profile is current and accurate.

Sattvika Nutrition doesn’t represent, warrant or guarantee the currency or accuracy of public profile information, and hereby disclaims all responsibility and liability for any information provided by members by means of public profiles or otherwise in connection with the services.

XIII. INTERNET PRIVACY POLICY

Your privacy is very important to Sattvika Nutrition. Part of Sattvika Nutrition’s operation of the Website involves the collection and use of information about You. The Privacy Policy explains what type of information Sattvika Nutrition collects and what Sattvika Nutrition does with that information to allow You to make choices about the way Your information is collected and used. This Privacy Policy may change from time to time, so please check it often. Sattvika Nutrition collects personal/medical information only for providing the Services, improving products and services, and informing You of new products and any other changes to the Website or Services that may affect You. Pursuant to the Code of Federal Regulations, any protected health information as defined in 45 CFR 164.501 is governed by the rules and regulations of the Health Insurance Portability and Accountability Act. When You submit personally identifiable information to us, You understand that You are agreeing to allow Sattvika Nutrition to access, store, and use that information for those purposes. Sattvika Nutrition won’t sell or give any personally identifiable information to any third-parties. Pursuant to the Michigan Public Health Code 333.16213, Sattvika Nutrition shall keep and retain user records for a minimum of 7 yrs from the date of service to which the User records pertain. Such information may be destroyed before the completion of this period if Sattvika Nutrition receives written request and authorization from the User to do so. Sattvika Nutrition may be required by law enforcement or judicial authorities to provide personally identifiable information to the appropriate governmental authorities. If requested by law enforcement or judicial authorities, Sattvika Nutrition will provide this information on receipt of the appropriate documentation. Sattvika Nutrition may also release information to law enforcement agencies or other third-parties if Sattvika Nutrition feels it is necessary to protect the safety and welfare of Sattvika Nutrition’s personnel or to enforce the Agreement and/or Privacy Policy. Sattvika Nutrition operates secure data networks protected by industry standard firewall and password protection systems. Sattvika Nutrition’s security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the personally identifiable information provided by You. Sattvika Nutrition doesn’t, however, guarantee that unauthorized, inadvertent disclosure will never occur.

XIV. INTERACTIONS WITH OTHER MEMBERS  

You are solely responsible for your interactions with other members. You accept and understand that Sattvika Nutrition hasn’t, and doesn’t, in any way - (a) screen its members (b) inquire into the credentials and qualifications of its members or (c) review or verify the statements of its members, including without limit information or representations contained in public profiles. You hereby agree to exercise reasonable precaution in all interactions with other members, particularly if you decide to meet any other member in person. Sattvika Nutrition reserves the right, but denies any actual duty to monitor disputes between members. You agree to regard Sattvika Nutrition safe and guiltless in connection with any dispute or claim you make against any other member.

XV. CONSENT TO RECEIVE EMAIL FROM SATTVIKA NUTRITION/MEMBERS

By registering with the Website or related mobile tablet applications, You thereby consent to receive periodic email communications regarding the Services, new product offers, promotions and other matters. As part of registration, You may also elect to receive periodic Sattvika Nutrition newsletters. You may opt-out of receiving newsletters at any time by - (a) following the unsubscribe instructions contained in each newsletter or (b) changing the email preferences in your account. By registering with the Website or related mobile tablet applications, You thereby consent to receive electronic communications from other members.

XVI. THIRD-PARTY WEBSITE

The Website is linked with the websites of third-parties (“Third-Party Websites”), who could be associated with Sattvika Nutrition. Sattvika Nutrition doesn’t have control over the content and performance of Third-Party Websites.

Sattvika Nutrition doesn’t represent, warrant or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness or quality of the information material, goods or services available through third-party websites. Sattvika Nutrition disclaims, and you agree to assume, all responsibility and liability for any damage or loss of profit, whether to you or to third-parties, resulting from your use of third-party websites.

XVII. THIRD-PARTY SERVICE

In order to use third-party services, you could be required to enter into extra terms and conditions with those third-party service providers. If you don’t understand or don’t agree to be bound by these terms and conditions, don’t use the related third-party services. If you don’t understand or don’t agree to the terms of a third-party service provider’s privacy policy, don’t use the related third-party services. Sattvika Nutrition hereby disclaims all responsibility and liability for any of your information collected or used by third-party service providers.

XVIII. USER CONTENT

“User Content” is any content, materials or information, excluding personally identifiable information (e.g., first and last name, address, phone number, email address, etc.), that You upload or post to, or transmit, display, perform or distribute by means of, the Website or related mobile tablet applications, whether in connection with Your use of the Services or otherwise.

You hereby grant Sattvika Nutrition and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, and assigns (collectively, the “Sattvika Nutrition parties”) a perpetual, fully paid-up, worldwide, sublicensable, irrevocable, assignable license to copy, distribute, transmit, publicly display or perform, edit, translate, reformat and otherwise use user content in connection with the operation of the website, related mobile tablet applications, services or any other similar or related business, in any medium currently existing or later devised, including without limitation in advertising and publicity. You further agree that the Sattvika Nutrition parties may publish or otherwise disclose your name and/or any user name of yours in connection with their exercise of the license granted under this section. You agree to waive, and hereby waive, any claims arising from or relating to the exercise by the Sattvika Nutrition parties of the rights granted under this section, including without limitation any claims relating to your rights of personal privacy and publicity. You won’t be compensated for any exercise of the license granted under this section and hereby waive any claims to compensation.

You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided to the Sattvika Nutrition Parties under this section.
Sattvika Nutrition reserves the right to - (1) remove, suspend, edit or modify any User Content in its sole discretion, including without limitation any User Content at any time, without informing You and for any reason (including, among others, upon receipt of claims or accusations from third-parties or authorities relating to such User Content or if Sattvika Nutrition is concerned that you may have violated the Agreement), or for any reason at all and (2) to remove, suspend or block any User Content submissions.

Sattvika Nutrition also reserves the right to access, read, preserve, and disclose any information as Sattvika Nutrition reasonably believes is necessary to - (i) satisfy any applicable law, regulation, lawful process or governmental request, (ii) enforce the Agreement, including investigation of potential violations hereof, (iii) detect, avert, or otherwise address fraud, security or technical concerns, (iv) respond to user support requests, or (v) protect the rights, property or safety of Sattvika Nutrition , its users and/or the public.

XIX. CONTENT THAT IS UNOBJECTIONABLE

You represent and warrant that You won’t use the Services to upload, post, transmit, display, perform or distribute any content, information or materials that isn’t unobjectionable. It shall be in Sattvika Nutrition’s sole opinion as to which content shall be deemed acceptable.

Sattvika Nutrition disclaims any actual duty to monitor the contents of the website or related mobile tablet applications and specifically disclaims any responsibility or liability for information provided thereon.

XX. PROHIBITED USES

Sattvika Nutrition imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you won’t - (a) “stalk” or otherwise harass any person, or contact any person who has requested that they don’t want to be contacted (b) provide false, misleading information or information that isn’t accurate to Sattvika Nutrition or any other member (c) feign to be, or otherwise misrepresent affiliation, connection or association with, any person or entity (d) create more than one unique public profile (e) harvest or otherwise collect information about users, including email addresses and phone numbers (f) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website or related mobile tablet applications for any use, including without limitation use on third-party websites (g) access content or data that isn’t intended for You, or log onto a server or account that You aren’t authorized to access (h) attempt to probe, scan, or test the vulnerability of the Services, the Website, related mobile tablet applications or any associated system or network, or breach security or authentication measures without proper authorization (i) interfere or attempt to interfere with the use of the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” or “spamming” (j) use the Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services (k) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Services (l) post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation  (m) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Sattvika Nutrition Parties in providing the Services. All quoted terms, unless otherwise defined herein, shall have a meaning as used in the Michigan Compiled Laws. If those aren’t defined therein, then they shall assume their common everyday understanding. Any violation of this section is against the law and all necessary information will be turned over to law enforcement and judicial authorities.

XXI. INTELLECTUAL PROPERTY

  1. Compliance with Law. You represent and warrant that, when using the Services, You will obey the law and respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to copyright laws and use of intellectual property generally. You can’t upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any laws and for any infringements of third-party rights caused by your use of the services. You carry the sole burden of proving that content, information or other materials don’t violate any laws or third-party rights.
  2. Trademarks. Sattvika Nutrition, FitnSpicy Living, Sattvika Nutrition.com, FitnSpicyLiving.com, FitnSpicy Living logo and the Sattvika Nutrition logo (collectively, the “Sattvika Nutrition Marks”) are trademarks or registered trademarks of Sattvika Nutrition. Other trademarks, service marks, graphics, logos and domain names  on the Website or related mobile tablet applications may be the trademarks of third-parties. This Agreement doesn’t grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the Sattvika Nutrition Marks or any third-party trademarks, service marks, graphics, logos or domain names and neither does Your use of the Services. You agree that any goodwill in the Sattvika Nutrition Marks generated as a result of Your use of the Website and Services will inure to the benefit of Sattvika Nutrition, and You agree to assign, and hereby do assign, all such goodwill to Sattvika Nutrition. You can’t at any time, neither can You assist others to, challenge Sattvika Nutrition’s right, title, or interest in or to, or the validity of, the Sattvika Nutrition Marks.
  3. Copyrighted Materials and Copyright Communication. All content and other materials available through the Services, including without limitation the Sattvika Nutrition and FitnSpicy Living logo, design, text, graphics, and other files, and the selection, arrangement and group thereof, are either owned by Sattvika Nutrition or are the property of Sattvika Nutrition’s licensors and suppliers. This Agreement doesn’t grant You any right, title or interest in or to any such materials and neither does Your use of the Services, except as explicitly provided. Copyright © 2012 to the present, Sattvika Nutrition, LLC. ALL RIGHTS RESERVED.
  4. DMCA Policy. If You have evidence, are aware of, or have a good faith belief that Your rights or the rights of a third party have been violated and You want Sattvika Nutrition  to delete, edit, or restrict the material in question, You must provide Sattvika Nutrition  with all of the following information - (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is supposedly infringed (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single representative list of such works (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be revoked, and information reasonably sufficient to permit Sattvika Nutrition  to locate the material (d) information reasonably sufficient to permit Sattvika Nutrition  to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted (e) a statement that You have a good faith belief that use of the material in the manner complained of isn’t authorized by the copyright owner, its agent, or the law and (f) a statement that the information you provide is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is supposedly infringed. For this to be effective, you must provide the required information to Sattvika Nutrition’s designated agent at -

Attn -

Copyright Agent
Sattvika Nutrition LLC
P.O. Box 871450
Canton, MI 48187
USA
copyrightagent@FitnSpicyLiving.com

XXII. DISCLAIMERS AND LIMITATION OF LIABILITY

  1. DISCLAIMER OF WARRANTIES

Sattvika Nutrition, on behalf of itself and its third-party service providers, licensors and suppliers, hereby disclaims all warranties. The website, related mobile tablet applications and services are provided “as is” and “as available.” To the maximum extent permitted by law, Sattvika Nutrition, on behalf of itself and its third-party service providers, licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the website or related mobile tablet applications, including, among others, any implied warranties of merchantability, fitness for a particular purpose, or lack of compliance. Sattvika Nutrition and its third-party service providers, licensors or suppliers don’t offer a warranty that the services will meet your requirements, that the operation of the services will be uninterrupted or error-free.

  1. RESPONSIBILITY FOR SAVING A COPY OF DATA

You agree that your use of the services is at your sole risk. You won’t deem Sattvika Nutrition or its licensors, as applicable, responsible for any loss of profits or damage that results from your access to or use of the website and/or related mobile tablet applications, including damage or compromise to your data or computers. The information and services may contain bugs, errors, or other limitations. You agree and understand that it is your responsibility to save a copy of your data on external storage and to ensure that it is secure.

  1. LIMITATION OF LIABILITY

The liability of Sattvika Nutrition and its licensors is limited to the maximum extent permitted by law. Sattvika Nutrition won’t be liable for special, incidental, or consequential damage, loss of profits, decrease in privacy, compromise to your data or confidential information with your use of the website, related mobile tablet applications and services. This limitation shall apply regardless of whether damage arise out of a breach of contract, tort, or any other theory of law or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Sattvika Nutrition and you. The website, related mobile tablet applications and services wouldn’t be provided without such limitations.

You agree to be responsible for your interpretation of the information, advice, tips and recommendations on the website, and any related mobile tablet applications.

XXIII. REPRESENTATIONS AND WARRANTIES

You represent and warrant that Your use of the Services will be in accordance with the Agreement and any other Sattvika Nutrition policies, and with any applicable laws or regulations. Sattvika Nutrition disclaims any actual duty to monitor public forums and specifically disclaims any responsibility or liability for information provided thereon. You agree and understand that you may be held lawfully responsible for damage caused to members or third-parties as the result of any of Your remarks. Under the Federal Communications Decency Act of 1996, Sattvika Nutrition isn’t lawfully responsible and can’t be held liable for damage of any kind, arising out of or in connection to any defamatory or otherwise lawfully actionable remarks, information, viewpoint or other content posted or made available on the Website or related mobile tablet applications.

XXIV. INDEMNIFICATION

Without limiting any indemnification term of the Agreement, You agree to defend, indemnify and deem safe and guiltless Sattvika Nutrition  and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including among others attorney’s fees and costs, arising out of or relating to - (1) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement (2) Your access to or use of the Website, related mobile tablet applications or Services (3) Your terms to Sattvika Nutrition  or any of the Indemnified Parties of information or other data (4) Your violation or supposed violation of any foreign or domestic, federal, state or local law or regulation or (5) Your violation or supposed violation of any third-party’s copyrights, trademarks, or other intellectual property or proprietary rights. The Indemnified Parties will have the right, but won’t have the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or deem safe and guiltless the Indemnified Parties. You can’t settle any Claim without the prior written consent of the concerned Indemnified Parties.

XXV. GOVERNING LAW - JURISDICTION AND LOCATION

The Services, and the Agreement, including without limitation the Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in the State of Michigan and shall be governed by and construed in accordance with the laws of the State of Michigan without regard to its conflict of law principles. Any cause of action by you arising out of or relating to the services, or the agreement must be instituted within one (1) yr after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in above. The language in the Agreement shall be interpreted in accordance with its fair meaning and without bias for or against either party.

  1. Requirement of Arbitration -You agree that any dispute, of any nature whatsoever, between You and Sattvika Nutrition arising out of or relating to the Services, or the Agreement, shall be decided by neutral, binding arbitration before a representative of JAMS in Detroit, Michigan (unless You and Sattvika Nutrition mutually agree to a different arbitrator), who shall render an award in accordance with the substantive laws of the State of Michigan and JAMS’ Streamlined Arbitration Rules & Procedures. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the JAMS’ fee and reasonable attorney’s fees) to the prevailing party.
  2. Remediation In Aid of Arbitration and Equitable Relief-This agreement to arbitrate won’t preclude You or Sattvika Nutrition from seeking conditional remedial resolution in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, the Agreement to arbitrate won’t preclude You or Sattvika Nutrition from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. The proper location for any action permitted under this subsection regarding “equitable relief” will be the federal and state courts situated in Detroit, Michigan. The parties hereby waive any objection to the location and personal jurisdiction of such courts.

XXVI. TERMINATION

  1. Termination or Survival. Either You or Sattvika Nutrition may terminate the Agreement and its rights hereunder at any time, with or without reason, by informing the other party your intention to do so in accordance with the Agreement. The Agreement shall automatically terminate if You breach any of the Agreement’s representations, warranties or agreements. Such termination shall be automatic, and doesn’t require any action by Sattvika Nutrition. Upon termination, all rights, licenses and obligations created by the Agreement will terminate, except those in Sections I - IV, VI – XIV and XVII, as those survive any termination of the Agreement.
  2. Effect of Termination. Any termination of the Agreement automatically terminates all rights and licenses granted to You under the Agreement, including all rights to use the Website and Services. Whether You or Sattvika Nutrition terminates this Agreement, thus terminating registration and subscription, You won’t be entitled to a refund of any subscription fees. Termination fully terminates Your subscription. Upon termination, all personal information gathered by Sattvika Nutrition from You will be disposed of accordingly and without risk to You. Sattvika Nutrition reserves the right to exercise whatever means it deems necessary to stop Your unauthorized use of the Services, including without limitation the use of a tech barrier such as IP blocking and direct contact with Your Internet Service Provider.
  3. Lawful Action. If Sattvika Nutrition, in Sattvika Nutrition’s discretion, takes lawful action against You in connection with any actual or suspected breach of the Agreement, Sattvika Nutrition will be entitled to recover from You as part of such lawful action, and You agree to pay, Sattvika Nutrition’s reasonable costs and attorneys’ fees incurred as a result of such lawful action. The Sattvika Nutrition Parties won’t have lawful obligation or other liability to You or to any third-party arising out of or relating to any termination of this Agreement.

XXVII. COMMUNICATIONS

All communications required or permitted to be presented under this Agreement must be in writing. Sattvika Nutrition shall give any communication by email sent to the most recent email address, if any, provided by You to Sattvika Nutrition. You agree that any communication you get from Sattvika Nutrition electronically satisfies any lawful requirement that such communication be in writing. You carry the sole responsibility of ensuring that your email address on file with Sattvika Nutrition is accurate and current, and communications to you shall be deemed effective upon the sending by Sattvika Nutrition of an email to that address. You shall give any communication to Sattvika Nutrition by means of either - (1) U.S. mail, postage prepaid, to Sattvika Nutrition LLC, P.O. Box 871450, Canton, MI 48187 USA or (2) email to -copyright@FitnSpicyLiving.com. Communications to Sattvika Nutrition shall be effective upon receipt of communication by Sattvika Nutrition.

XXVIII. GENERAL

The Agreement constitutes the entire agreement between Sattvika Nutrition and You concerning Your use of the Services. The Agreement may only be modified by a written amendment signed by an authorized executive of Sattvika Nutrition or by the unilateral amendment of the Agreement by Sattvika Nutrition and by the posting by Sattvika Nutrition of such amended version. If any part of the Agreement is unacceptable or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A disclaimer by either party of any term or condition of the Agreement or any breach thereof, in any one instance, won’t waive such term or condition or any subsequent breach thereof. Sattvika Nutrition may assign or transfer the Agreement at any time, with or without informing You. The Agreement and all of Your rights and obligations hereunder won’t be assignable or transferable by You without the prior written consent of Sattvika Nutrition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and Sattvika Nutrition are independent contractors, an agency, partner relation, shared undertaking or employee-employer relation isn’t intended or created by the Agreement. Except for the Sattvika Nutrition Parties and the Indemnified Parties as and to the extent set forth in Sections XIX, XXII and XXV, and Sattvika Nutrition’s licensors and suppliers as and to the extent expressly set forth in Section XXIV, there aren’t any third-party beneficiaries to the Agreement. You admit and agree that any actual or threatened breach of the Agreement or infringement of proprietary or other third-party rights by You could cause damage and loss of profit for Sattvika Nutrition and Sattvika Nutrition’s licensors and suppliers, and would therefore entitle Sattvika Nutrition or Sattvika Nutrition’s licensors or suppliers, as the case may be, to injunctive relief.

The headings in this Agreement are for the purpose of clarity and ease only and won’t affect the terms and conditions of this Agreement.

 

Effective Date - 28 June, 2017