Updated April 1, 2018
You are eligible to receive the Services because you are (i) an employee of a school or school district that has purchased the Services from Nutri-Link (a “District”); (ii) a student receiving educational services from the District; or (iii) the parent or guardian of a student receiving educational services from the District. These Terms constitute the entire agreement between you, the user, and Nutri-Link pertaining to your use of the Services and access to the Services, but do not modify, amend or alter any of the terms or conditions of Nutri-Link’s agreement with the District with respect to the Services. Any and all written or oral agreements heretofore existing between you and Nutri-Link regarding your use of, or access to, the Services are expressly cancelled.
Content available through the Services may be subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Nutri-Link or third parties. Nutri-Link grants you a limited license to access the Services and Content in connection with the hosted services provided to you by your District and in accordance with any access permissions or restrictions set by your District or Nutri-Link. You may not use the trademarks, service marks, trade dress and copyrighted material displayed on the Services. Other than as set forth above, Nutri-Link and its licensors retain all right, title and interest in and to the Services and Content, including all copyrights, patents, trade secrets and trademarks, and reserve all rights not expressly granted herein. You must abide by all trademark and copyright notices, information, or restrictions contained in or attached to any Content or portion of the Services.
You may not, directly or indirectly, (i) license, sell, redistribute, lease or otherwise transfer or assign any of the Services or Content, (ii) alter or permit a third party to alter any part of the Services or Content; (iii) permit any third party to access or the use the Services or Content; (iv) disassemble, decompile, reverse engineer or otherwise attempt to derive source code or other trade secrets from the Services or Content; or (v) use the Services or Content for any unlawful purpose; or (vi) attempt to gain or gain access or use of Services or Content for which you are not authorized to use or access.
By uploading files, inputting data or transmitting any other type of communication or information (collectively, the “Data”) within or through the Services, you warrant and represent each time you transmit such Data through the Services that you have the right to do so, you hereby grant to Nutri-Link a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise use such Data, in all media now known or hereafter developed, but solely in connection with and as necessary for Nutri-Link to provide the Services. You hereby waive all rights to any claim against Nutri-Link for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with Nutri-Link’s authorized use of such Data.
You acknowledge and agree to be solely and fully responsible for the configuration and security of your software and equipment and assume all risks for all activities that occur under your access to the Services. Nutri-Link may suspend or disconnect your account or the Services due to abuse that occurs as a result of your compromised system or account, such as when a system becomes infected with a worm or Trojan horse program. You agree to notify Nutri- Link immediately of any impending or actual breach of security or other event known to you that may negatively affect the Services.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT CONTAINED WITHIN THE SERVICES, ARE PROVIDED "AS IS." NUTRI-LINK AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATING IN ANY WAY TO THE SERVICES OR CONTENT, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND CONTENT. NUTRI-LINK AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS DO NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NUTRI-LINK, ITS LICENSORS, SERVICE PROVIDERS AND ALL AFFILIATES OF THE FOREGOING SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
YOU ASSUME ALL RISKS ASSOCIATED WITH OBTAINING DATA OR INFORMATION THROUGH THE SERVICES AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR OTHER LOSS THAT MAY RESULT FROM SUCH ACTIVITIES.
IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NUTRI-LINK AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES.
THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA, EXCLUSIVE OF ITS CHOICE OF LAW RULES. In the event that any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect. Nutri-Link’s service providers related to the Services are express third-party beneficiaries hereunder.