Last Updated: September 26th 2016
New Vision Nutrition reserves the right to change or modify these Terms at any time and at our own discretion. If we make changes to these Terms, we will provide notice by updating the “Last Updated” date at the beginning of these Terms.
By accessing or using our mobile applications, blogs, websites, or web ‘handles’ (collectively, the “Sites”) provided by New Vision Nutrition, LLC. or our subsidiaries or other affiliates (collectively, “New Vision Nutrition,” we,” “our” or “us”), you agree to be bound by these Terms and all of the terms included herein by reference. If you do not agree to these Terms, you may not use or access the Sites or receive, order, or use the meals or other products made available through the Sites (collectively, known as the “Products”).
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us including but not limited to any products, services, or agreements. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you such person or entity violates these Terms.
1. Age Requirement
The Sites are not intended or targeted toward for use by anyone under the age of 18.
By using the site you represent and warrant that you are
(I.) 18 years of age or older (II.) Have not been suspended or removed from the Sites (III.) A legal resident of the United States (IV.) Have not engaged in any activity that could result, or warrant suspension or removal from the Sites (V.) Do not have more than one New Vision Nutrition account (VI.) Have full power and authority to enter into these Terms and in doing so will not violate any other agreements to which you are a party.
3. Governing Law
These Terms, your access to and use of the Sites and your order, receipt and use of the Products shall be governed by and constructed an enforced in accordance with the law of the State of New Jersey, without regard to conflict of law rules or principles (whether of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of New Jersey. If not applicable, matters shall be resolved in the federal courts of the State of New York and the United States, respectively, sitting in the State of New York, County of New York, Borough of Manhattan.
If it is found that any of these Terms are unenforceable or invalid, then that term, clause, provision, or amendment will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these terms.
5. Waiver and Release of Liability
In consideration of the risk of injury while participating in Consuming Raw, Undercooked, and/or Spoiled Food, and/or contracting food poisoning, Salmonella Poisoning (the “Activity”), and as consideration for the right to participate in the Activity, you hereby, for yourself, your heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of your participation in the Activity, and do hereby release and forever discharge New Vision Nutrition, LLC., located at 214 State Street, Suite 201, Hackensack, New Jersey 07601, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that you may suffer as a direct result of your participation in the aforementioned Activity.
BY USING THE “SITES”, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE NEW VISION NUTRITION, LLC., AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST NEW VISION NUTRITION, LLC. FOR PERSONAL INJURY OR PROPERTY DAMAGE.
YOU ACKNOWLEDGE THAT THIS ACTIVITY MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS.
OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, YOU ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKOWN, IN PARTICIPATION OF THIS ACTIVITY.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision would become valid and enforceable, then said provision shall be deemed to be written, constructed and enforces as so limited.
In the event that you should require medical care or treatment, you agree to be financially responsible for any costs incurred as a result of such treatment. You are aware and understand that you should carry your own health insurance.
You and New Vision Nutrition agree that any dispute arising out of or related to these Terms or the Sites, Content or Products is personal to you and New Vision Nutrition and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and New Vision Nutrition agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and New Vision Nutrition agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration or on behalf of any other individual or group of individuals.
You and New Vision Nutrition agree that these terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and constructed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.