TERMS OF SERVICE

Updated: February 24, 2019

Welcome to Kim Rose Dietitian! Kim Rose Dietitian LLC d/b/a (referred to in this policy as “KRD”, “the company”) has adopted the following Terms of Service which govern your relationship with KRD and provide important information about your legal terms.

These Terms explain the rules you need to follow when you visit our website at KimRoseDietitian.com and any other services the company might offer

Please note that Section 10.A of these Terms describes what happens in the event of a dispute between you and KRD, and includes a binding arbitration clause as well as a class action waiver. Please review that section carefully as it affects your right to a jury trial and to participate in a class or representative action.

KRD is a business for educators, students, interns, and other persons interested in nutrition to discover and buy the company’s original content for teaching and learning purposes (“Resources”). Resources may include electronically delivered files, digital products, streaming video, and/or other product types.

1. Resource Licensing Policy

KRD owns the companies Resources and give you certain rights to use them for limited purposes, unless otherwise noted. This section describes the agreement between you and KRD you purchase from, and lets you know what’s OK to do with Resource licenses you buy on KRD and the types of licenses available.

A. IN GENERAL

License. KRD owns and maintain the intellectual property rights of the companies Resources and grant purchasers licenses to use such Resources for limited use as described in this section. When you purchase a Resource, you’re purchasing a license to use the Resource in accordance with the terms of this Resource Licensing Policy. All downloadable and digitally consumed Resources can only be used in accordance with a license, which can either be an “Individual License” or a “Classroom License.”

Your use of any Resource, regardless of license type and whether the license is purchased by you, transferred to you by your Organization, or purchased for you as a gift or on your behalf by your school or other entity, is subject to this Resource Licensing Policy and other terms set forth in these Terms. You agree to comply with the terms of this Resource Licensing Policy as well as any additional terms KRD provides.

B. INDIVIDUAL LICENSE

An Individual License is a license that may only be assigned to a single specific individual user (“Assignee”) (e.g. one specific person) for that Assignee’s lifetime use. Individual Licenses are non-transferable and may not be used by or reallocated to a different Assignee (for example, a person who purchases an Individual License can use such Resource, in accordance with this section, for her or his lifetime but cannot transfer use of such Resource to another person).

Except as otherwise stated in these Terms (such as in the “Limitations on Access” section set forth below), under an Individual License, KRD grants to the purchaser, for use by one Assignee, a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the Resource for the purposes and under the conditions described below. KRD may grant additional rights at the company’s discretion.

If you purchase an Individual License, KRD permits you to:

• Assign use of the Resource to one Assignee. Once an Assignee has been designated, the Resource cannot be used by any other individual without purchase of an additional license. For clarity, you can purchase an Individual License for yourself, as a gift, or as an Organization purchasing on behalf of another person. In such cases, a single “transfer” of the Resource to the intended recipient is permitted, but you may not reallocate an Individual License from one user to another or share the Resource with additional users unless you purchase an additional license.

As an Assignee of an Individual License, KRD permits you to:

• Use the Resource for personal, educational, and instructional use only. This means you can use Resources for your own personal purposes, and for your individual study.

Unless otherwise expressly permitted by KRD:

• You may not use the Resource, in part or in whole, for commercial purposes. This means you can’t sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity.

• You may not post or otherwise make the Resource available on any website.

• You may not share, send, sell, sublicense, or transfer the Resource to someone else for their own Personal Use unless you purchase an additional license for each additional educator you will share it with. Each Individual License is for use by one specific educator only.

C. CLASSROOM LICENSE

Subject to these Terms and other policies made available by KRD, Organizations using KRD for Schools may have the option to purchase an upgraded transferable “Classroom License” or upgrade an existing Individual License to a Classroom License. Classroom Licenses allow for reallocation from the original Assignee to a new user under the conditions provided in this section. Classroom Licenses are only available to KRD for Schools purchasers.

Although Classroom Licenses can be transferred from one Assignee to another in accordance with the terms of this Resource Licensing Policy, a Classroom License may be used by only one user at a time. In order to transfer a Classroom License from one Assignee to another, an Organization must first reclaim the Classroom License from the current Assignee. An Organization may reclaim a Classroom License in order to transfer it to a new user no more than once per calendar year. KRD may, in its discretion, modify the frequency with which a Classroom License may be transferred, or allow additional transfers on a case-by-case basis.

Except as otherwise stated in these Terms (including without limitation the “Limitations on Access” section set forth below), under a Classroom License, KRD grants to the purchaser, for use by one Assignee at a time, a non-exclusive, perpetual, irrevocable, non-sublicensable, worldwide, limited license to use the Resource for the purposes and under the conditions described below. The Seller may grant additional rights at their discretion.

If you purchase a Classroom License, KRD permits you to:

• Transfer the Resource to one Assignee (e.g. an educator within your Organization) at a time. Unlike an Individual License, you can reclaim the license from the Assignee and re-assign it to a different user. You may not share a Resource with multiple users concurrently unless you purchase additional licenses.

As an Assignee of a Classroom License, KRD permits you to:

• Use the Resource for Personal Use only.

• Print and make copies of downloadable Resources as necessary for Personal Use. Copies may be made and provided to students, classroom aides, and substitute teachers as necessary. Copies may also be made for students’ parents, classroom observers, supervisors, or school administrators for review purposes only. Hard goods and video resources may not be copied, shared, or reproduced.

Unless otherwise expressly permitted by KRD:

• You may not use any Resource, in part or in whole, for commercial purposes. This means you can’t sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity.

• You may not post or otherwise make any Resource available on any website.

• An Assignee may not continue to use a License that has been reclaimed by the Assignee’s Organization after the license is reclaimed.

D. LIMITATION ON ACCESS

Downloadable Resources. It’s your responsibility to maintain and store a copy of downloadable Resources on your device to ensure future access.

4. Intellectual Property

This section describes what content on the site belongs to KRD and is protected as the companies intellectual property, what belongs to you, and the rights you grant us to use your intellectual property.

A. THE SERVICES AND THE SITE CONTENT

All aspects of the Site you find on our Services is owned or controlled by KRD. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, and other content of our Site (collectively, “Site Assets”). This also includes the design, structure, coordination, arrangement, expression, and the “look and feel” of Site Assets. Site Assets are protected by copyright, trademarks, trade dress, trade secret, and other intellectual property rights.

You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute Site Assets in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission. By commercial purpose KRD means that you can’t sell, license, rent, use in your own business or website, incorporate into marketing materials or presentations, or make other commercial use of our Site Assets unless express permission is granted.

5. Payment, Earnings, & Payouts

This section provides information on making and receiving payments, KRD refund policy.

A. PURCHASING TERMS & REFUNDS

Refund Policy. All sales are considered final and nonrefundable once an order is submitted. KRD may, in the company’s sole discretion, modify the Refund Policy or, on a case-by-case basis, issue a refund for a reason that falls outside of the Refund Policy.

Payment methods and currency. KRD may offer a variety of payment methods to pay for purchases, such as a credit and debit card or PayPal Account. KRD accept payments in United States Dollars (USD). Cash payments and payments in other currencies will not be accepted. KRD may change or add to our accepted payment methods at any time and is are not obligated to accept payment by any means other than those accepted at the time of your purchase.

School Purchase Orders. Payment by School Purchase Order is available only to schools, districts, and other eligible educational institutions. By submitting a School Purchase Order, you represent and warrant that you have authority to bind the purchasing entity in the transaction, and that the entity agrees to pay the total price as quoted on KRD Purchase Order Quote, including applicable processing fees. Cash payments and payments in other currencies will not be accepted.

6. Your Privacy

This section describes how KRD protect your personal information and how you can report a violation of your privacy.

A. OUR PRIVACY POLICY

The privacy and security of your data and the personally identifiable information you give KRD is important to us. KRD does not use, collect, or share your data with any third party.

7. Indemnity

This section describes what happens if KRD gets sued because of something you did. We hope that never happens, but if it does you agree to defend KRD against liability for your actions.

You agree to indemnify, defend, and hold harmless KRD and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our Services, including but not limited to any breach of these Terms, violation of any federal, state, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.

8. Limitation of Liability & Warranty Disclaimer

KRD works very hard to provide the best experience possible to every user, but the company is not able to guarantee that things will always work perfectly or that the site will always be available. KRD is offered “as-is” and “as available” without any guarantees.

The Companies Services. KRD works hard to ensure that the companies Services are always available and working properly, but disruptions do occur from time to time and we can’t guarantee that any or all features will always work, or that our Services will be continuously available.

KRD is constantly working to improve the company’s Services for all of our patrons. KRD may update or change available functionality at any time. KRD make no guarantees to purchasers respecting the findability or searchability of any Resource Listing offered through the companies Services.

YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KRD DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OF THE SERVICES. KRD MAKE NO GUARANTEES RESPECTING THE AVAILABILITY OF THE SERVICES, THE SECURITY OF THE SERVICES AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION.

9. Changes to these terms

KRD may make changes to these Terms from time to time. Whenever the changes the company makes are material to you, KRD may attempt to notify you before those changes go into effect so that you can choose whether or not to continue using the companies Services. To notify you, KRD may send a message to the email address the company has on file, may post notifications around our Services, or may use other communication methods to reach you.

The notice will include the date on which the changes will be effective. Continuing to use our Services after the changes go into effect serves as your acceptance of the changes.

10. Other Terms

In this section, you’ll find additional rules for using KRD such as what happens if there is a dispute between you and KRD, and certain modifications for government Users.

A. DISPUTES WITH KRD

In the case of a dispute between you and KRD arising out of these Terms or your use of our Services, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

Binding Arbitration. You and KRD agree that any dispute arising out of or relating to these Terms or your use of the companies Services will be settled through binding arbitration, conducted by the American Arbitration Association (AAA) and in accordance with their Commercial Arbitration Rules. Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in the AAA rules. To the extent permitted under AAA rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration, and that other procedural rights such as discovery and appeal are not available in an arbitration. YOU AND KRD EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW.

Disputes will be settled on an individual basis. YOU AND KRD EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in Highlands County to protect the party’s intellectual property rights pending completion of the arbitration.

Governing Law. These Terms are governed by the laws of the state of Florida, and the laws of the United States of America without regard to principles of conflict of law, and regardless of where you are located in the world.

Venue. KRD is located in Florida. Any dispute subject to Binding Arbitration will take place in Highlands County, Florida. For any other judicial action that may arise between you and KRD, or for which our Binding Arbitration clause is found not to apply, both you and KRD agree to submit to the venue and personal jurisdiction of the state and federal courts located in Highlands County, Florida.

B. NO WAIVER

Any failure by KRD to enforce any right or provision of these Terms does not constitute a waiver of that right or provision and will not limit the company’s right to act or enforce these Terms against subsequent or similar breaches.

C. SEVERABILITY

If any part of these Terms is deemed invalid, unenforceable, or illegal, that part which is unenforceable is severed from the Terms, and will have no impact on the enforceability of the remainder of these Terms.

D. STATE AND LOCAL GOVERNMENT AGENCIES & PUBLIC ENTITIES

State and Local Governments & Entity. If you are a state or local government, or state or local government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” will apply to your official use of the Site and the Services only to the extent permitted by your jurisdiction’s laws.

11. Survival of Terms

Some parts of this agreement stay in effect even if you decide to stop using KRD. The following provisions survive if you cease using KRD’s Services:

• Visitors. If you continue to access the companies Services as a Visitor, any Terms that apply to Visitors still apply to you.

• Privacy Policy. Section 6 of these Terms and the terms of our Privacy Policy continue to apply.

• Disputes with KRD. Any legal action that might arise between you and KRD related to your use of KRD is governed by the provisions of Section 10.A of these Terms.

12. How to Contact KRD

You can reach us by emailing kimrosedietitian@gmail.com, or by submitting a message using our Contact Us form.