top of page

Privacy Policy

PRIVACY POLICY GLOBAL NUTRITION PROFESSIONALS CONSULTING, LLC

 

INTRODUCTION

 

Global Nutrition Professionals Consulting, LLC (“Global” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.

 

This policy describes the types of information we may collect from you or that you may provide when you visit the Website WWW.GLOBALNP.COM (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.  

 

This Policy applies to information we collect:

 

  1. On this Website;

  2. in email, text, and other electronic messages between you and this Website;

  3. through mobile and desktop applications you download from this Website, which provides dedicated non-browser-based interaction between you and this Website;

  4.  when you interact with our advertising and applications on third-party Websites and services, if those applications or advertising include links to this policy; and

  5. ANY OTHER SOURCES.

 

This Policy does not apply to information collected by:

 

  1. Global Nutrition Professionals Consulting, LLC, offline or through any other means, including on any other Website operated by Company or any third party (including our affiliates and subsidiaries); or

  2. Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

 

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

 

We collect several types of information from and about users of our Website, including, but not limited to: Name, postal address, e-mail address, telephone number, the equipment you use to access our Website and usage details. We collect all this information directly from you when you provide it to us, automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies from third parties, for example, our business partners.

‌

INFORMATION YOU PROVIDE TO US

 

The information we collect on or through our Website may include:

 

  1. Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.

  2. Records and copies of your correspondence (including email addresses), if you contact us.

  3. Your responses to surveys that we might ask you to complete for research purposes.

  4. Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.

  5. Your search queries on the Website.

 

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although [we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile], please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

 

INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES

 

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

 

  1. Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.

  2. Information about your computer and internet connection, including your IP address, operating system, and browser type.

  3. We also may use these technologies to collect information about your online activities over time and across third-party Websites or other online services (behavioral tracking).

 

The information we collect automatically includes statistical data and may include personal information, we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

 

  1. Estimate our audience size and usage patterns;

  2. store information about your preferences, allowing us to customize our Website according to your individual interests;

  3. speed up your searches; and

  4. recognize you when you return to our Website.

 

The technologies we use for this automatic data collection may include:

 

  1. Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

  2. Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

  3. Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).

  4. We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

​

‌THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

 

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different Websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

 

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

 

HOW WE USE YOUR INFORMATION

 

We use information that we collect about you or that you provide to us, including any personal information:

 

1.      To present our Website and its contents to you;

2.      to provide you with information, products, or services that you request from us;

3.      to fulfill any other purpose for which you provide it;

4.      to provide you with notices about your account/subscription, including expiration and renewal notices;

5.      to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;

6.      to notify you about changes to our Website or any products or services we offer or provide though it;

7.      to allow you to participate in interactive features on our Website;

8.      in any other way, we may describe when you provide the information; and

9.      for any other purpose with your consent.

 

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data the order form/registration form/adjust your user preferences in your account profile.

 

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

 

DISCLOSURE OF YOUR INFORMATION

 

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

 

We may disclose personal information that we collect, or you provide as described in this privacy policy:

 

  1. to our subsidiaries and affiliates;

  2. to contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;

  3. to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Global Nutrition Professionals Consulting’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Global Nutrition Professionals Consulting, LLC, about our Website users is among the assets transferred;

  4. to third parties to market their products or services to you if you have consented to/not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them;

  5. to fulfill the purpose for which you provide it;

  6. for any other purpose disclosed by us when you provide the information;

  7. with your consent;

  8. to comply with any court order, law, or legal process, including to respond to any government or regulatory request;

  9. to enforce or apply our terms of use and other agreements including for billing and collection purposes; and

  10. if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of GLOBAL NUTRITION PROFESSIONALS CONSULTING LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

 

  1. We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  2. Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

  3. Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt out by checking the relevant box located on the form on which we collect your data. You can also always opt-out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to Info@globalnp.com

  4. Promotional Offers from the Company. If you do not wish to have your email address/contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data the order form/registration form/ or at any other time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to Info@globalnp.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

  5. Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by emailing Info@globalnp.com. For this opt-out to function, you must have your browser set to accept browser cookies.

  6. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s Website.

 

DATA SECURITY

 

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and other identifying information will be encrypted using SSL technology.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

 

JURISDICTION AND VENUE

 

By accessing Global Nutrition Professionals Consulting’s website, you expressly acknowledge and agree that any controversy or dispute that may arise out of or relating to this Privacy Policy, or any breach thereof, will be governed and determined in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any award or decision resulting from any such arbitration proceeding will be final and binding on you. This Privacy Policy shall be governed and construed in accordance with the laws of the United States of America and the State of Florida, excluding any laws regarding the conflict or choice of laws. Venue for any action or arbitration arising out of or relating to this Privacy Policy, or the breach thereof, shall be in Miami-Dade County, Florida, and you hereby consent to personal jurisdiction in Miami-Dade County.

 

TRANSLATIONS OF THIS PRIVACY POLICY

 

By accessing our website, you explicitly agree and acknowledge that while this Privacy Policy and all the terms set forth herein may be translated into a different language for your convenience, the only version of this Privacy Policy that shall be binding upon you will be this version, the version that is set forth in the English Language, and any translated documents, papers, agreements, or other communications of these terms in any other language shall have no legal effect and will not be binding upon Global Nutrition Professionals Consulting, LLC. All translated documents or other translated communications provided to you by Global Nutrition Professionals Consulting, LLC, will only serve the purpose of providing you with a general understanding of this Privacy Policy and you bear the full risk and responsibility if you agree to this Privacy Policy without consulting or otherwise obtaining the advice of an independent legal translator.

 

CONTACT INFORMATION


To ask questions or comment about this privacy policy and our privacy practices, contact us at: Info@globalnp.com.

​

ORDER CANCELLATION AND REFUND POLICY

Order Acceptance and Cancellation for Global Nutrition Professionals Consulting, LLC
(a) You hereby expressly and explicitly agree that any order you place is an offer to buy all
products and services listed in your order according to all the terms set forth herein. All orders
must be accepted by Global Nutrition Professionals Consulting, LLC (hereinafter “We”, “Our”
or “Us”) or we will be under no obligation to sell you the products or services listed in your
order. We may choose not to accept any and all orders in our sole and complete discretion. After
having received your Nutritional Analysis Form and/or Allergen Declaration Form, we will send
you a confirmation email with your order number and details of the items you have ordered.
Acceptance of your order and the formation of the contract of sale between You and Global
Nutrition Professionals Consulting, LLC is expressly conditioned upon your receipt of the
confirmation e-mail for your order. You have the option to cancel your order at any time before
we have sent your order confirmation email by emailing us at Info@globalnp.com.
(b) You hereby expressly and explicitly agree that within fifteen (15) days after completion
of any order submitted by you, then you shall be allotted a total of two (2) revisions, which shall
be included in the initial setup cost for any and all recipe analysis, menu analysis, and label
approval notwithstanding the exceptions set forth below in this paragraph. Thereafter, the order
will be considered full, complete, and final and no revisions shall be considered by us without
you paying additional costs and fees, with said additional fees and costs being decided at our full
discretion. You shall bear the sole and complete responsibility to ensure that all submissions of
ingredients and recipes are fully accurate and you shall bear responsibility for all additional costs
incurred after completion of your order that may result from mistaken or erroneous ingredient or
recipe information submitted by you. You further expressly acknowledge and agree that the
above-referenced revisions shall not include any changes to the original recipe, original
ingredients, serving/portion size and/or product label or menu generations and we shall be
entitled to add all additional and necessary charges for any revisions involving changes to the
original recipe, ingredients, and/or label generations.
Prices and Payment Terms
(a) You hereby acknowledge and agree that all prices posted on our website are subject to
change, within our full discretion, at any time, without notice to you. The price that is in effect
when your order is placed will be the amount you will be charged and this amount will be
reflected in a confirmation e-mail that will be sent to you, from us, and any price increases or
decreases shall only apply to changes in price before an order is placed. Global Nutrition
Professionals Consulting shall not hold any responsibility or liability for pricing errors,
typographical errors, or other errors in pricing on our website and we expressly and explicitly
reserve the right to cancel any order that you place, which may have been the product of a
pricing error, regardless of who is at fault for such error. In the event our website fails to
establish or otherwise provide a price for the goods or services you purchase, then no order
placed will be deemed accepted until you consult with a Global Nutrition Professional
Consulting employee, agent, or other authorized representative to determine the applicable price.

(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in
writing, our acceptance of your order is expressly conditioned upon the receipt of your payment.
You represent and warrant that (i) any credit card, debit card, check, wire transfer, or any and all
other payments made to us shall contain the true, accurate and correct information (ii) you are
duly authorized to use such payment method for the purchase, (iii) any payment that may be
submitted to us in whatever form will be honored and take full effect (iv) you will pay charges
incurred by you at the posted prices, including all applicable taxes, if any.

​

TERMS AND CONDITIONS GLOBAL NUTRITION PROFESSIONALS-
CONSULTING, LLC

______________________________________________________________________________

Please read these Terms and Conditions (hereinafter "Terms", "Terms and Conditions")
carefully before using Global Nutrition Professionals-Consulting, LLC (hereinafter “Global
Nutrition”, "us", "we", or "our") website and/or retaining the services of Global Nutrition.
Your (hereinafter “You” or “Your”) access to and use of Global Nutrition’s website (hereinafter
“Website”) and services (hereinafter “Services”) is expressly and explicitly conditioned upon
your acceptance of and compliance with the Terms and Conditions set forth hereunder. These
Terms and Conditions shall apply to all visitors, users and others who access Global Nutrition’s
website or use the Services of Global Nutrition.
By accessing Global Nutrition’s website or retaining the services of Global Nutrition’s you
expressly and unequivocally agree to be bound by the Terms and Conditions set forth
herein. If you disagree with any part of the terms then you may not access Global
Nutrition’s website or retain the Services of Global Nutrition. If you do not agree with
these Terms and Conditions please do not click “Agree” or do not sign at the bottom.


1. AGREEMENT. These Terms and Conditions shall apply to each and every individual who
accesses Global Nutrition’s website or obtains the services of Global Nutrition. Global Nutrition
expressly and explicitly reserves the right to restrict access and discontinue any and all services
with You if You fail to strictly comply with these Terms and Conditions. Any and all orders
placed by You shall by subject to these Terms and Conditions and shall exclude any additional or
different terms contained in any quotation, proposal, or acknowledgment provided to You by
Global Nutrition. These Terms and Conditions shall supersede all prior oral or written
communications of agreements between You and Global Nutrition. If there is ever conflicting
contractual language between these Terms and Conditions and any other agreements between
You and Global Nutrition then these Terms and Conditions shall prevail. Global Nutrition shall
render services for You in accordance with the worksheet(s) attached hereto as Exhibit “A”. You
will only be entitled to delivery of Your final product once You have fully and completely
submitted any and all of the necessary information for Global Nutrition to fully perform and
finalize the services for which You have retained Global Nutrition to perform. After Global
Nutrition delivers Your final labels or products Global Nutrition shall offer a seven (7) day
period to review any requested changes You have regarding Your products or labels and Global
Nutrition shall provide You with a quote as to the cost of the requested changes to Your products
or labels.


2. WEBSITE ACCESS AND USE. Global Nutrition shall use reasonable endeavors to ensure our
website will be accessible at all times. However, Global Nutrition may withdraw or amend their
services set forth on their website with or without notice to You. In the event of such
amendment, Global Nutrition shall not be liable if for any reason our website is unavailable for
any period of time. You may only use our website for lawful purposes. You shall not use our
website in any way that: (i) breaches any applicable local, national, or international law
regulation; (ii) that is unlawful or fraudulent, or has any unlawful or fraudulent purpose; (iii) to
transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional
material or any other form of similar solicitation; (iv) to knowingly transmit any data, send or
upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers,
spyware, adware, or any other harmful programs or similar computer code designed to adversely
affect the operation of any computer software.


3. FOOD AND DRUG ADMINISTRATION COMPLIANCE. Pursuant to 21 C.F.R. 101.9 (g)
You and Global Nutrition expressly acknowledge and agree that the United States Food and
Drug Administration (hereinafter “FDA”) evaluates the accuracy of nutritional label information
against a standard for compliance purposes. The FDA defines three (3) nutrient classes, classes I,
II and III. Class I nutrients include vitamins, minerals, protein, dietary fiber, or potassium, and
Class I nutrients must be present at 100% or more of the value declared on the label. Class II
nutrients include vitamins, proteins, minerals, total carbohydrates, dietary fiber, other
carbohydrates, polyunsaturated and monounsaturated fats, or potassium that occur naturally in a
food product. Class II nutrients must be present at 80% or more of the value declared on the
label. The Class III group of nutrients includes calories, sugars, total fat, saturated fat,
cholesterol, and sodium and the ratio between the amount obtained by laboratory analysis and
the amount declared on the product label in the Nutrition Facts panel must be 120% or less.
Reasonable excesses of class I and II nutrients above labeled amounts and reasonable
deficiencies of the Third Group nutrients are usually considered acceptable by the agency within
good manufacturing practices. You expressly agree that You will provide each and every
ingredient to be used in Your products information and labels to ensure that Global Nutrition will
remain in compliance with the above referenced FDA regulations and if You fail to fully submit
and provide Global Nutrition with the true and correct ingredients to be used in Your food
products then You shall bear full responsibility for any fines or other liability that may flow from
noncompliance with the FDA, which is a direct cause of You not providing Global Nutrition
with true and correct ingredient information. In the event You provide Global Nutrition with
inaccurate information regarding nutritional food recipes or food products, Global Nutrition will
be under no obligation to reimburse you for any fees or costs pursuant to services rendered by
Global Nutrition. Global Nutrition shall not be responsible for the inaccuracy of any and all
information provided by You and You shall bear full responsibility for any inaccurate
information provided to Global Nutrition.


4. FOREIGN REGULATIONS. You acknowledge and agree that if you provide ingredients to
Global Nutrition to be used for Your products nutritional information and labels that You shall
remain in compliance with the relevant food information and labeling regulations in all other
countries besides the United States, which Global Nutrition conducts business, namely Spain,
Canada, and Colombia, and Global Nutrition shall not be liable for any losses, damages, or other
liability that may flow from non-compliance with any foreign food product and informational
regulations.


5. DISCLAIMER OF WARRANTIES. Global Nutrition shall perform Services with reasonable
care and skill as measured by industry standards. However, You acknowledge and agree that all
services rendered by Global Nutrition and all information contained on Global Nutrition’s
website shall be provided without any guarantees, conditions or warranties as to its accuracy and
is provided on an “as is” basis. Furthermore, You acknowledge that a portion of Global
Nutrition’s services may be provided through a third-party producer and all information or
services rendered by any third-party producer of Global Nutrition shall also be without any
guarantees, conditions or warranties as to its accuracy and is provided on an “as is” basis. Unless
expressly stated to the contrary to the fullest extent permitted by law Global Nutrition hereby
expressly excludes all conditions and warranties, which are related to accuracy of their services,
accuracy of information provided on Global Nutrition’s website, or accuracy of information
provided by any third party producer, and other terms which might otherwise be implied by
statute, common law or the law of equity and shall not be liable for any damages whatsoever,
including but without limitation to any direct, indirect, special, consequential, punitive or
incidental damages, or damages for loss of use, profits, data, or other intangibles, damage to
goodwill or reputation, or the cost of procurement of substitute and services, arising out of or
related to the use, performance, failures, inaccuracy of Global Nutrition’s services. Commentary
and other materials available to client on Global Nutrition’s website are not intended are not to
amount to advice on which reliance should be placed. Global Nutrition shall not be held liable or
responsible for any modifications of the nutritional information on printed labels if those
modifications are made by a third-party printer or designer.


6. MEDICAL ADVICE. The information contained on Global Nutrition’s website, nutritional
information provided to You by Global Nutrition, or information provided by the third-party
producer of Global Nutrition shall be strictly provided for nutritional informational purposes
only. Global Nutrition’s services and website should not be construed for the purposes of
diagnosing, treating, curing or preventing any disease. Global Nutrition does not recommend
any particular form of medical treatment or that You manage Your own health problems without
the advice of a licensed health care practitioner, doctor, or other healthcare professional.
Information provided to You by Global Nutrition or information found or received through
Global Nutrition’s website should not be used in place of a visit with, call to, consultation or
advice from a health care provider. If You suspect that You have a medical problem, or should
you have any health care related questions, You should promptly notify Your health care
practitioner.


7. THIRD PARTY HOSTING. You acknowledge Global Nutrition’s website and nutrient
analysis database software will be operated through a third-party server and not by Global
Nutrition. Global Nutrition shall take reasonable measures as set forth by industry standards to
ensure its website is secure and pursuant to sections 7 and 8 of this Agreement Global Nutrition
shall ensure that all information provided by You shall be kept confidential and secure. However,
You expressly and explicitly acknowledges that by using Global Nutrition’s website, You are
using the website at Your own risk. In the event the server is breached by a third-party and
confidential information is accessed by that third-party, Global Nutrition nor any of Global
Nutrition’s affiliates, employees, owners, agents, successors, managers, or assignees shall not be
held liable for any personal injury, or any incidental, special, indirect or consequential damages
whatsoever, including damages for loss of profits, corruption or loss of data, failure to transmit
or receive any data, business interruption or any other commercial damages or losses, arising out
of or related to breach of Hosting Services regardless of the theory of liability (contract, tort or
otherwise) notwithstanding the fact You have not been advised of the possibility of such
damages.


8. CONFIDENTIAL INFORMATION. Confidential information means any information
disclosed to You by Global Nutrition, either directly or indirectly in writing, orally or by
inspection of tangible objects, including without limitation documents, prototypes, samples,
know how, information, relating to Your recipe ingredients, food preparation process,
techniques, and methods, or any such other information supplied by You to Global Nutrition
regarding computerized nutritional analysis and nutritional labeling services and all other such
information supplied by You to Global Nutrition for services described herein. In addition,
confidential information shall include any technical and business information relating to
proprietary ideas, patentable ideas and/or trade secrets, existing and/or contemplated products
and services, research and development, production, costs, profit and margin information,
finances and financial projections, customers, clients, marketing, and current or future business
plans and models, regardless of whether such information is designated as “confidential
information” at the time of its disclosure by You to Global Nutrition. Confidential Information
may also include information disclosed to Global Nutrition by third parties. Global Nutrition
shall use the Confidential Information only for the purpose of computerizing nutritional analysis,
preparing nutritional labeling for food items, preparation methods of food, and evaluating recipe
ingredients, and all other services to be performed by Global Nutrition and Global Nutrition shall
limit disclosure of confidential information within its own organization to its directors, officers,
partners, members and/or employees having a need to know and shall not disclose confidential
information to any third party (whether an individual, corporation, or other entity) without Your
prior written consent. Global Nutrition shall satisfy its obligations under this paragraph if it takes
affirmative measures to ensure compliance with these confidentiality obligations by its
employees, agents, consultants and others who are permitted access to or use of the confidential
information.


9. MAINTENANCE OF CONFIDENTIAL INFORMATION. Global Nutrition hereby
expressly acknowledges and agrees they shall not discuss, divulge, or disclose, disseminate,
distribute any and all confidential information disclosed to Global Nutrition by You relating to
the services described herein. Global Nutrition agrees that it shall take all reasonable measures to
protect the secrecy of and avoid disclosure and unauthorized use of Your confidential
information. Without limiting the foregoing, Global Nutrition shall take at least those measures
that Global Nutrition takes to protect its own most highly confidential information. Global
Nutrition shall not make any copies of confidential information unless necessary to perform the
services described herein. Global Nutrition shall immediately notify You in the event of any
unauthorized use or disclosure of the Confidential Information.


10. INTELLECTUAL PROPERTY. You hereby explicitly acknowledge and agree that You shall
not have any ownership rights or interest in Global Nutrition’s tradenames, trademarks,
copyrights, patents, trade secrets, know-how, proprietary data, design rights, utility models,
inventions, service marks, logos, business names, trademarks (whether registered or
unregistered), internet domain names, rights in databases, data, source codes, reports, drawings,
specifications, confidential information, software designs and/or other materials, topography
rights, rights in the nature of unfair competition and the right to sue for passing off and any other
equivalent rights whether or not registered or capable of registration and whether subsisting in
the United States or any other part of the world together with all or any related goodwill, or other
intellectual property. You shall comply with the instructions of Global Nutrition regarding the
use of their intellectual property in relation to the services Global Nutrition shall provide to You.


11. SEVERABILITY. If any term or provision of this Agreement is found by a court of competent
jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality,
or unenforceability shall not affect any other term or provision of this Agreement or invalidate or
render unenforceable such term or provision in any other jurisdiction. Upon a determination that
any term or provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith
to modify this Agreement to affect the original intent of the Parties as closely as possible in order
that the transactions contemplated hereby be consummated as originally contemplated to the
greatest extent possible.


12. NON-DISPARAGEMENT. You shall not now nor at any point in time, including after this
parties no longer have a continuing business relationship, disparage or denigrate Global Nutrition
or any of the Global Nutrition's employees, owners, agents, successors, managers, or assignees.

13. FORCE MAJEURE. Global Nutrition shall not be held liable or responsible to You, nor be
deemed to have defaulted or breached this Agreement or any Agreement for services rendered or
to be rendered, for any failure or delay in fulfilling or performing services when and to the extent
such failure or delay is caused by or results from acts or circumstances beyond the reasonable
control of Global Nutrition including, without limitation, acts of God, flood, fire, earthquake,
explosion, governmental actions, war, invasion or hostilities (whether war is declared or not),
terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection,
epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's
workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of
adequate or suitable materials, materials or telecommunication breakdown or power outage,
provided that, if the event in question continues for a continuous period in excess of 7 days,
Client shall be entitled to give notice in writing to Company to terminate this Agreement. This
provision shall apply to all regions in which Global Nutrition operates or conducts business.


14. AMENDMENTS. These Terms and Conditions may be amended by Global Nutrition at their
own discretion, at any time, with or without notice to You.


15. WAIVER. No waiver by any Party of any of the provisions of this Agreement shall be effective
unless expressly set forth in writing and signed by the Party so waiving. Except as otherwise set
forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power,
or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor
shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude
any other or further exercise thereof or the exercise of any other right, remedy, power, or
privilege.


16. CLAIMS OR DISPUTES. Any controversy or claim arising out of or relating to these Terms
and Conditions, or the breach thereof, or any dispute relating to services rendered by Global
Nutrition shall be determined in accordance with the Commercial Arbitration Rules of the
American Arbitration Association. Any award or decision resulting from any such arbitration
proceeding will be final and binding on the parties and judgment on such award or decision may
be entered in any court having jurisdiction thereof. These Terms and Conditions shall be
governed and construed in accordance with the laws of the United States of America and the
State of Florida, excluding any laws regarding the conflict or choice of laws. Venue for any
action or arbitration arising out of or relating to these Terms and Conditions, or the breach
thereof, or any disputes relating to any services rendered by Global Nutrition shall be in Miami-
Dade County, Florida, U.S.A., and the parties hereby consent to personal jurisdiction in said
county.


17. CLASS ACTION AND JURY TRIAL WAIVER. In the event You are able to bypass
arbitration pursuant to Section 16 of this Agreement or litigation otherwise ensues, You agree
that all claims must be made in your individual capacity and not as a plaintiff or class member in
any class process or supported representation and You further agree to waive Your Seventh
Amendment right to a trial by jury if there is any dispute arising out of or relating to this
agreement or services rendered by Global Nutrition and all disputes will still be handled by the
court system, with all discovery and appellate rights, but any trial will be decided by judge, and
not a jury.
 

bottom of page