This Website (“Website”) and the related DigitalRD Nutritional Management Software services (“Services”) are provided by CWC Consulting Services, LLC (“Provider” or “We”) to its clients (“You”) subject to Your compliance with the terms and conditions set forth below.  Please read the following information carefully. Your continued use of this Website and the Services will indicate Your agreement to be bound by the terms and conditions set forth below. If You do not agree to be bound by these terms and conditions, promptly exit this site.  To access this Website or use the Services you must be an adult and reside in the United States.  If you are not 18 years of age or older or do not reside in the United States you may not access the Website or use the Services.

1. Scope of Agreement

(a) General. This Terms and Conditions of Use Agreement (the “Agreement”) is between You and CWC Consulting Services, LLC. This Agreement governs Your access to and use of this Website, the Services made available to You through this Website, and any other services and other transactions offered through this Website or by Provider.

(b) Privacy Policy. Your privacy is of the utmost importance to us. Provider will use Your confidential information in order to provide You Services. Provider will not disclose any information regarding You to any unaffiliated third party unless You authorize that person to receive Your information or the information is permitted to be disclosed by law. Please click here to read Provider’s Privacy Policy, which is hereby incorporated into and made a part of this Agreement. The Privacy Policy explains how Provider collects, uses and discloses personal information. By accessing and using the Website or using the Services, you consent to Provider’s actions with respect to your personal information in compliance with the Privacy Policy.

2. Binding Agreement

BY ACCESSING OR USING THIS WEBSITE OR THE SERVICES IN ANY MANNER YOU ARE DEEMED TO HAVE READ, UNDERSTOOD, AND AGREED TO EACH OF THE TERMS, CONDITIONS, AND NOTICES SET FORTH IN THIS AGREEMENT AND THE PRIVACY POLICY.

3. Modification of Website or Agreement

Provider may, at any time and in its sole discretion, modify, revise or otherwise change this Website (including without limitation adding or discontinuing any or all of the Services, Content, or transactions offered through this Website), in whole or in part, without notice or liability to You. Provider reserves the right to modify this Agreement at any time at its sole discretion. If Provider changes these terms and conditions, Provider will post the date of the last revision at the bottom of this Agreement and will post a link to the revised version on the Website. The modified version of the Agreement will apply to all access and use of the Website, the Services, and the Content. Additionally, Provider may send an email to you notifying you of the changes to these terms and conditions at the time the revisions are made. By continuing to access and use the Website once the modified Agreement is posted, You indicate Your consent to the modifications and Your agreement to be bound by this Agreement as modified.

4. Availability and Use of Website

(a) Availability. The availability of this Website depends on many factors, including some factors that are beyond Provider’s control, such as Your connection to the Internet and the Internet backbone. Provider shall not be liable to You if You cannot use this Website for any reason.

5. Restrictions on Use. You must use this Website and the Services only in accordance with the terms and conditions of this Agreement and only for lawful purposes. You may not use the Website or Services (a) to reverse engineer or decompile the Website or associated software, or to gain access (or attempt to access) areas or Content provided on the Website or Provider’s Services for which You do not have the proper authorization; (b) to impersonate any person or entity (including Provider or its employees) via screen names or user names or otherwise, or falsely state or otherwise misrepresent Yourself, your age, or your affiliation with any person or entity; (c) to link postings or sites together without consent of author of the postings; (d) in a manner that violates any national, state, local or international law, rule or regulation (including laws regarding the export of data or software); (e) for any separate commercial purpose, including to advertise, promote or sell products or services or to distribute solicitations in the nature of “junk mail,” “chain letters” or “spam;” (f) to further or promote any criminal or illegal activity or to provide instructional information about illegal activities; (g) in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Website or Provider’s Services; (h) to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (i) to send, knowingly receive, upload, download, use or re-use material that conflicts with the requirements or restrictions set forth in the sections above; or (j) via robot, spider or other automatic device, process or means to monitor or copy material on the Website; (k) in a way that attacks the Website via a denial-of-service attack or a distributed denial-of- service attack; or (l) in a manner that Provider determines, in its sole discretion, restricts or inhibits any other user from using or enjoying the Website or the Services provided through and in connection with the Website.
6. Term; Termination.

(a) Termination. In addition to any other legal or equitable remedies, Provider may, without prior notice to You, immediately terminate this Agreement or revoke any or all of Your rights granted under this Agreement.

(b) Effect of Termination. Upon any termination of this Agreement, You shall immediately cease all access to and use of this Website and Provider may, in addition to any other legal or equitable remedies, deny Your access to and use of this Website in whole or in part. Any termination of this Agreement shall not affect Provider’s rights or Your obligations arising before the effective date of termination. The provisions that by their nature, are intended to survive termination of this Agreement, shall survive the termination of this Agreement.

7. Intellectual Property

(a) Intellectual Property Laws. U.S. and international copyright, trademark and other intellectual and proprietary laws protect this Website and the Content provided therein, and any unauthorized access to or use of this Website or the Content therein may violate such laws. Provider reserves the right to enforce its intellectual and proprietary rights to the fullest extent of the law.

(b) Ownership. All information and data that is part of this Website or  the Services, including without limitation, text, software, graphics, photos, illustrations, images, formulas, calculations, algorithms, data, or results (collectively, “Content”), and the design, selection, and arrangement of the Content, and all trademarks, service marks, trade dress, logos and tag lines displayed, including the DigitalRD service mark (collectively, the “Marks”) and the copyrights, patents, trademark rights, and other intellectual property rights arising out of the foregoing are the sole and exclusive property of Provider or third parties used by Provider pursuant to license or in accordance with applicable law. You are not granted any right, either express or implied, in any Content or any copyright, Marks, patent, trade secret, right of publicity or other intellectual property or proprietary right of Provider or any of the goodwill associated with any of the foregoing. You shall not use the Marks or any confusingly similar version of them.

(c) Notices. You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Website.

8. Links to Other Internet Sites

This Website may contain links to Internet sites owned, operated or maintained by third parties not under Provider’s control. These links are provided for Your convenience only. Such links are not and shall not be deemed to be Provider’s endorsement of the organization or individual associated with the linked site. You assume sole responsibility and liability for Your use of such linked sites.

9. Warranty Disclaimer; Limitation of Liability

(a) Disclaimer. All Content, services, products, and transactions are provided on an “as-is” and “as available” basis without any warranties of any kind. This Website may include inaccuracies, mistakes, or typographical errors. You acknowledge that Your use this Website and the Services is at Your own risk. Provider does not warrant that the Content, including Your use of the Website, will be uninterrupted or error free, accurate, useful, complete, error- free or uninterrupted, that defects will be corrected, that the Website or its server are free of viruses or other harmful components, or that the Website will meet your needs or expectations. Provider disclaims any and all representations and warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy, data completeness, security, reliability, quality, availability, and system integration. Provider shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer or mobile device, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or by downloading any material posted on the Site or on any site linked to the Website.

(b) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, REVENUES, BUSINESS, USE, DATA, OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF PROVIDER HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES OR FROM ANY OTHER USER OF THE WEBSITE OR SERVICES, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE WEBSITE OR SERVICES.

(c) Provider Services Do Not Constitute Medical Advice. Provider assumes no responsibility for how the information collected by this Website or through the related Services is used. You should consult with a physician or other health care provider regarding any medical own condition and how this Website content or the Services may or may not apply. This Website is not a substitute for consultation with a physician. You should never change or stop any course of treatment prescribed by a physician or other medical professional without first consulting him or her.

10. Indemnity

You agree to indemnify, defend and hold harmless Provider, its affiliates, and their respective officers, directors, shareholders, employees and agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys’ fees) and damages arising out of or relating to (i) Your access or connection to, or use of this Website, (ii) Your violation of a third party’s intellectual property or other rights, (iii) any claims alleging facts that, if true, would constitute a breach by You of the terms and conditions of this Agreement, (iv) injury to persons (including death) or property, including loss or corruption of data caused by You. Provider reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Provider’s defense of such claims.

11. Relationship Between the Parties

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and Provider as a result of this Agreement or any use of this Website or the Content therein. You agree not to hold Yourself out as a representative, agent, or employee of Provider and Provider shall not be liable for any representation, act or omission by You to the contrary.

12. Assignment

You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of Your rights, interests or obligations under this Agreement and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of Provider’s successors, assigns and licensees.

13. Governing Law and Jurisdiction; Mediation

(a) Governing Law. This Agreement is governed by the laws of the Commonwealth of Kentucky, U.S.A. without regard to its conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts in the Commonwealth of Kentucky, U.S.A. in all disputes arising out of or relating to the use of this Website.

(b) Mediation. Any dispute arising hereunder shall be submitted to mediation with the American Arbitration Association (the “AAA”) where the parties will endeavor to resolve the dispute in an amicable manner.  In the event any dispute cannot be resolved by mediation, the dispute shall be submitted to binding arbitration with the AAA pursuant to the rules as the AAA may deem applicable.  The payment of attorney’s fees incurred in connection with arbitration shall be determined by the AAA arbitrator as part of the arbitration proceeding.

14. International Access

This Website can be accessed from countries other than the United States. This Website may offer services or references to products or services that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If You access and use this Website outside the United States, You are responsible for complying with Your local laws and regulations.

15. Contact Information

Please send communications related to these Terms and Condition, the Website, and any objection to unauthorized use of materials under the Digital Millennium Copyright Act by e-mail to moc.D1714972147R-lat1714972147igiD@1714972147kralC1714972147.araC1714972147.

16. Waiver; Severability; Integration

No waivers shall be implied, whether from any custom or course of dealing or any delay or failure in Provider’s exercise of its rights and remedies hereunder or otherwise. Any waiver granted by Provider shall not obligate Provider to grant any further, similar, or other waivers. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect. This Agreement represents the entire agreement between the parties, superseding any and all other prior or contemporaneous agreements, promises or representations between them regarding the subject matter of this Agreement.

17. Reservation of Rights

Provider reserves to itself any and all rights not expressly granted herein.

Copyright © 2024 CWC Consulting Services, LLC.  All rights reserved.

Last updated: March 12, 2024.