Terms & Conditions

Website Terms of Use
Last Modified: 11/21/2024

Acceptance of the Terms of Use
These terms of use are entered into by and between you and EveryBody Nutrition Counseling, LLC (“Company,” “we,” “our,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively,  “Terms of Use”), govern your access to and use of https://www.everybodynutritionrd.com/ (the “Website”), including any content, including, but not limited to our newsletter (“Newsletter”) and blog (“Blog”), functionality, and services, including, but not limited to, our nutritional counseling services (the “Services”), offered on or through the “Website, whether as a guest or registered patient. 

Please read the Terms of Use carefully before you start to use the Website. By using the Website and accessing and using our content or Services, which includes both free screenings and reviews as well as paid consultations and any other services that may be added to the portfolio over time, you acknowledge you have read, understand, and accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

If you are accepting these Terms of Use for another person (“Family Member”) as such Family Member’s guardian, conservator, custodian, or parent of a minor child Family Member, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member. You also represent that you are at least 18 years of age and located in the United States of America (“USA”). If you live outside of the USA and wish to use our Services, you agree to abide by these same terms and all relevant USA laws.  

We may suspend or terminate your access to any or all Services if you (a) breach any term of these Terms of Use or (b) engage in conduct that, in our sole discretion, may have an adverse effect on the Company, its partners, or others. Upon termination, you will no longer have access to the Services, Website, or any content.

Privacy Policy
We respect the privacy of all our users. Please refer to our separate Privacy Policy, which explains how we collect, use, and disclose information that relates to your privacy. When you access or use the Website or our Services, you agree to our Privacy Policy.

HIPAA
Please refer to our Notice of HIPAA Privacy Practices, to learn how we collect, use, share and protect your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 or “HIPAA”).

Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website or Services thereafter. When we make material changes to this Policy, we will provide you with notice before the modifications are effective by sending a message to the email address associated with your account, if you have one. Your continued use of the Website and our Services following the posting and notice of revised Terms of Use means that you accept and agree to the changes. 

Further, we may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

Medical Disclaimer
Although our Services are provided through a registered dietitian, the informational content on our Website, Newsletter, and Blog are for educational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, the Newsletter, or Blog. 

If you have any questions or concerns about your health, always seek the advice of your physician or other qualified healthcare practitioners regarding your medical condition or the use of any medications or supplements. The Company does not provide emergency services or critical care services. If you think you have a medical emergency, call 911 or go to the nearest hospital emergency room immediately.

Communications in Electronic Form
You agree to receive communications from us in electronic form via the email address you have submitted or via the Practice Better Patient Portal (as defined below). You also agree to be sent notices, disclosures and other communications that we may require to satisfy legal requirements. The Company may also use your email address to send you other messages, including information about the company, Blog posts, Newsletters, and/or special offers. You may opt out of such email by changing your account settings or sending an email to EveryBodyNutritionRD@gmail.com.

Accessing the Website
We reserve the right to withdraw or amend this Website, and any Services or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information through a patient portal provided by Practice Better (the “Practice Better Patient Portal”). Any registration details or other information required to access Services must be provided directly through the Practice Better Patient Portal. All information you provide through this portal is governed by our Privacy Policy and Notice of HIPAA Privacy Practices and you consent to all actions we take with respect to your information consistent with our Privacy Policy. The privacy policies, terms and agreements of Practice Better will also apply to your use of the Practice Better Patient Portal.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures through the Practice Better Patient Portal, you must treat such information as confidential and must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer to prevent others from viewing or recording your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided through the Practice Better Patient Portal, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Informed Consent
The Company provides various nutrition screenings, one-on-one nutrition counseling with a registered dietitian, and related services. Some Services begin with an assessment of your nutritional status, habits, and needs, followed by a discussion of results and a personalized plan. You acknowledge that results may vary, and we cannot guarantee specific health outcomes, though we will strive to help you achieve your goals.

You understand that regular participation and lifestyle changes may be required for success, and you agree to engage actively and communicate openly. Some sessions may be conducted via telephone or video conference and communications may be conducted via the Practice Better Patient Portal (collectively, “Telehealth Counseling”). By accessing Services, you expressly agree to the following:

  1. You consent to receiving the Services, including nutritional counseling.

  2. You have read and understand all of the information in the Terms of Use, the Privacy Policy and the Practice Better Patient Portal, including terms on payments, cancellations, and other conditions.

  3. You agree to use the tele-health/tele-nutrition platforms provided by our third-party service providers, such as Practice Better.

  4. You understand that the dietitian will maintain session notes in a secure database.

  5. You authorize the release of medical information necessary for our work, including to create a SuperBill or process insurance claims.

  6. You understand and agree that as part of providing the Services to you, your Protected Health Information (as defined by HIPAA) may be released to an online personal health record (in accordance with our Notice of HIPAA Privacy Practices).

  7. You authorize the payment of medical benefits to the Company for services rendered.

Appointment Cancellation
If you have booked Services, your appointment time is reserved just for you. If you need to reschedule, you must do so at least 72 hours in advance. For last minute cancellations (less than 48 hours in advance), you will be charged $100. For a no-show appointment, you will be charged the full amount.

Health Insurance and Payment
If you provide information about your health insurance or health plan, that will be deemed your authorization for us to submit claims for covered Services to your health insurer or health plan. You hereby assign or otherwise authorize payment of medical benefits to us for the Services provided to you or your covered Family Member. You authorize the release of any medical or other information necessary to process any claims for the Services provided. You further understand and accept your financial responsibility for any portion of the bill not covered by your health insurer or health plan, or that you individually are responsible for if you chose self-pay in booking your appointment. We cannot guarantee insurance reimbursement. We advise clients to verify coverage with their insurance provider. A SuperBill may be provided for self-submission to insurance companies. SUBMISSION OF CHARGES DOES NOT WAIVE OUR RIGHT TO SEEK PAYMENT DIRECTLY FROM YOU.

Intellectual Property Ownership
We are free to use any insights, ideas, concepts, know-how, or techniques that come from working with clients or are expressed or contained in any non-confidential communication for any purpose, including, but not limited to, developing, manufacturing, and marketing products and services.

All title to and rights related to the Company’s Website, products, content, and Services, including any and all technology, web applications, software, and content, including ownership rights to patents (registrations, renewals, and pending applications), text, graphics, photographs, logos, copyrights, trademarks, trade secrets, third-party hardware, other technology, and derivatives of and all goodwill associated with the foregoing, is the exclusive property of the Company or third parties and are protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property rights and unfair competition laws.

Any reproduction, publication, further distribution, or public exhibition of our materials, in whole or in part, is strictly prohibited. Except as expressly provided in these Terms of Use, no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed, or transmitted in any way, including for publication or distribution by or for any commercial enterprise, without the express prior written consent of the Company.

Copyright Complaints
If you are a copyright owner or agent and believe, in good faith, that any materials provided on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) and the Copyright Modernization Act by sending an email to EveryBodyNutritionRD@gmail.com.

Third-Party Technology & Links
Any third-party technology or services provided, made available, linked to, or otherwise accessible through the Website or Services (“Third-Party Technology”) are provided solely as a convenience to you and are not under our control. We do not endorse, recommend, or otherwise make any representations or warranties with respect to any Third-Party Technology. We do not have any responsibility or liability to you for any Third-Party Technology which you access, and you use it at your own risk.

You agree to comply with any and all terms and conditions applicable to the use of Third-Party Technology and to ensure that you have obtained all rights, licenses, and clearances necessary to use such Third-Party Technology. We encourage you to review the terms of service/use and privacy policies applicable to such Third-Party Technology.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms of service/use and privacy policies for such websites.

Geographic Restrictions
The owner of the Website is based in the State of Massachusetts in the United States. We provide this Website for use only by persons located in the United States. The Telehealth Counseling Services are available only in MA, CA, CO, TX, and OR. In-person counseling Services are available only in MA. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AS TO THE WEBSITE, ITS CONTENT, OR THE SERVICES. THE WEBSITE, ITS CONTENT, AND ALL SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DOES NOT WARRANT THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY GUARANTEES THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH IT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND SERVER ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

By using the Website or Services, you accept that such use is at your own risk, and the Company will not be liable for any loss or damage caused by the Services or viruses, distributed denial-of-service attacks, or other technologically harmful material that may infect your device, data, or other proprietary material as a result of using the Website, downloading content, or following links to third-party sites.

Except where prohibited by law, in no event will the Company, its owners, officers, directors, partners, employees, dietitians, contractors, agents, and affiliates be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of or inability to use the Services, including but not limited to reliance on any information obtained through the Company or its third-party suppliers, such as Practice Better. If, notwithstanding these limitations, the Company is found liable to you for any damages connected to your use of its products or Services, such liability will not exceed the total fees paid by you (which does not include payments made by your insurance provider, if any) in the preceding 12-month period.

By participating in any Services provided by the Company, you voluntarily accept all associated risks to your health, including the potential for injury or death.

Indemnity
To the fullest extent permitted by law, you agree to defend, indemnify, and hold the Company, its owners, officers, directors, partners, employees, dietitians, contractors, agents, and affiliates harmless from and against any claims, actions, or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Website or Services.

Governing Law
You agree that all matters relating to your access to or use of the Website or Services, including all disputes, will be governed by the laws of the United States of America and the laws of the State of Massachusetts, without regard to its conflicts of law provisions. You agree to the personal jurisdiction and venue in the State and Federal courts of Massachusetts, USA, and waive any objection to such jurisdiction or venue.

Severability
The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability of any other provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so they can and will remain in full force and effect.

Termination of Services
You may terminate your use of the Services at any time by not using the Services anymore. We may terminate your use of the Services at any time in our reasonable discretion, for causes including but not limited to continued refusal to pay for our Services. Even after termination, these Terms of Use will remain in effect such that all terms that by their nature may survive termination will survive such termination.

Entire Agreement
The Terms of Use, Privacy Policy, and Notice of HIPAA Privacy Practices constitute the sole and entire agreement between you and the Company regarding the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services. 

Your Comments and Concerns
The Website is operated by EveryBody Nutrition Counseling, LLC. If you feel your rights have been violated, you can submit a complaint by contacting us directly through our Website, emailing us at EveryBodyNutritionRD@gmail.com, or writing to us at EveryBody Nutrition Counseling LLC #1054, 265 Chelmsford Street STE 7, Chelmsford, MA, 01824, United States.