Terms of Use
IMPORTANT: THIS DOCUMENT CONTAINS A CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT IN ITS ENTIRETY BEFORE ACCESSING OR USING THE SERVICES.
Last updated: June 26, 2024
Welcome to the websites of JN DIGITAL LEADS LLC and its affiliated companies and brands, including JSNutriRank (“JSNutriRank,” “We,” “Us”). These terms and conditions, along with any documents incorporated by reference such as the Privacy Policy (collectively, the “Terms of Use”), govern your access to and use of JSNutriRank’s suite of websites.
JSNutriRank’s websites include www.jsnutrirank.com (the “Websites”). Collectively, the Websites are referred to as the “Services.”
Please read these Terms of Use carefully before using the Services. By accessing, browsing, or using the Services (including submitting information to the Website), you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use, including the Privacy Policy (incorporated herein by reference), and will comply with all applicable laws and regulations.
You agree that these Terms of Use, along with your act of using the Services, have the same legal force and effect as a written contract with your signature, fulfilling any laws that require such a formality. Moreover, you agree not to challenge the validity, enforceability, or admissibility of these Terms of Use solely on the basis that they were electronically transmitted or authorized.
The Services are intended for users who are 18 years of age or older. By using the Services, you represent and warrant that you fulfill this eligibility requirement. If you do not meet this requirement, you must not access or use the Services.
PLEASE BE AWARE THAT THESE TERMS INCLUDE LIMITATIONS ON THE LIABILITY OF JSNUTRIRANK, DESCRIPTIONS OF JURISDICTIONAL RESTRICTIONS, AND DISCLAIMERS OF RESPONSIBILITY.
THE SERVICES DO NOT PROVIDE MEDICAL ADVICE.
Table of Contents
1. Acceptable Use
2. General Rules
3. Reproduction of Content on Other Websites
4. Liability of JSNutriRank and Its Licensors
5. Advertisements, Searches, and Links to Other Websites
6. Indemnity
7. Class Action Waiver
8. Location; Survival
9. Jurisdiction
10. Comments
11. Notices for Reporting and Making Claims of Copyright Infringement
12. Your Privacy Rights
13. Complete Agreement; Amendments
14. Termination
15. No Waiver
16. Contact Information
By agreeing to these Terms of Use, you acknowledge that your legal rights may be affected and that the document should be thoroughly reviewed before utilizing the Services. If you have any questions or concerns regarding these Terms, please contact us for further clarification.
CONTENTS
The materials provided through our Services, including text, graphics, images, and information obtained from JSNutriRank’s licensors, as well as other content on the website, apps, newsletter, and products (collectively, “Content”), are intended for informational purposes only. These materials should not replace professional medical advice, diagnosis, or treatment. Always consult your physician or other qualified health providers with any medical questions you might have.
In case of a medical emergency, immediately call your doctor or 911.
JSNutriRank does not endorse or recommend any specific tests, physicians, products, procedures, opinions, or other information mentioned within the Content or through the Services. Reliance on any information provided by JSNutriRank, its employees, or other contributors to the Content or Services is solely at your own risk. Be aware that some health- or medical-related materials might be sexually explicit. If you find such material offensive, you might want to avoid using our Content or Services.
Unless otherwise specified, all Content and Services, whether publicly posted or privately transmitted—as well as any derivative works—are owned, controlled, licensed, or used with permission by JSNutriRank. This includes its parents, subsidiaries, and affiliates, as well as other parties that have granted JSNutriRank usage rights. The Services and their Content are protected by copyright, trademark, trade dress, and other applicable laws.
All worldwide rights, titles, and interests in and to the Services and Content are owned by JSNutriRank or used with permission. The website, its logos, and all trademarks appearing within the Content and Services are either owned by or licensed to JSNutriRank. You agree not to display or use these trademarks without JSNutriRank’s prior written consent. JSNutriRank disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own.
The Content and Services are intended solely for personal, non-commercial use by users. You may share Content through provided social media links (e.g., “Share,” “Pin It,” “Tweet”) or via email using our “Share” link. You may also download or copy Content and other downloadable materials for personal use only. No right, title, or interest in any downloaded materials or software is transferred to you through such actions. Except for the aforementioned permitted uses, you may not reproduce, republish, upload, post, transmit, distribute (including via email or other electronic means), publicly display, modify, create derivative works from, sell, or exploit any part of the Content or Services without JSNutriRank’s prior written consent or the owner of such material. Nothing within the Content or Services grants or should be construed as granting any license or right to use any trademarks, trade names, service marks, trade dress, copyrighted, or other proprietary material without prior written consent from JSNutriRank or the respective owner.
All rights not expressly granted herein by JSNutriRank are reserved by JSNutriRank and/or its licensors. Third-party trade names, product names, and logos on these Websites may be the trademarks or registered trademarks of their respective owners.
The information presented in or through the Content and Services is provided solely for general informational purposes. We may update the Content periodically, but it is not necessarily complete or current. Any material on the Services might be outdated at any given time, and we are under no obligation to update such material.
ACCEPTABLE USE
You are strictly prohibited from violating or attempting to violate the security measures of the Services. Such prohibited activities include, but are not limited to, the following:
- Using a false password or one belonging to another user, accessing data not intended for you, or logging into a server or account you are not authorized to access.
- Disclosing a password or permitting a third party to use a password, or failing to notify us if a password is compromised.
- Attempting to probe, scan, or test the vulnerability of the system or network, or attempting to breach security or authentication measures without proper authorization.
- Using the Content provided in the Services for the development of any software program, including but not limited to training a machine learning or artificial intelligence system.
- Attempting to interfere with the service to any user, host, or network, including, but not limited to, actions such as overloading, “flooding,” “mail bombing,” or “crashing.”
- Sending unsolicited emails or commercial electronic messages, including promotions and/or advertisements of products or services.
- Forging any part of the TCP/IP packet header or any part of the header information in any email or newsgroup posting.
- Hijacking all or any part of the Services or Content, deleting or modifying any portion of the Services or Content, deploying pop-up messages or advertisements, displaying the Services or Content in frames or through similar means on another website, or linking to the Services or Content without our specific written permission.
Engaging in any of these activities will result in immediate termination of your access to the Services and may subject you to civil and/or criminal liability.
GENERAL RULES
You agree to utilize the Content and Services solely for lawful purposes and exclusively for your own personal, non-commercial use. Specifically, you may not use the Services to:
- Transmit, post, download, distribute, copy, publicly display, store, or destroy material in violation of any applicable law or regulation.
- Infringe upon the copyright, patent, trademark, trade secret, or other intellectual property rights of others, or violate the privacy, publicity, or other personal rights of others.
- Post or transmit material that is libelous, obscene, offensive, threatening, defamatory, abusive, or hateful.
We reserve the right to determine, at our sole discretion, if any use violates these rules and to take any action we deem appropriate in the event of a violation. Breaches of system or network security may result in civil or criminal liability. We will investigate such occurrences and may involve, cooperate with, and disclose information to law enforcement authorities to identify and prosecute users involved in these violations.
REPRODUCTION OF CONTENT ON OTHER WEBSITES
Any Content you place on your website must be properly attributed to the applicable Website, including active links to the original article. The following guidelines must be adhered to when displaying our Content on your website to ensure full credit is given to us as the original publisher without damaging our reputation or exploiting it:
- Include an active, follow link to the original full article on the applicable Website.
However, please note:
Complete articles from the applicable Website may not be placed on your website, nor may any software be used to place such articles, unless you have first contacted us and received written permission to do so. All full terms of use will apply.
- Do not establish a link from any website that is not owned by you.
- Use of any JSNutriRank logos is not permitted.
- Do not establish a link in a manner that suggests any form of association, approval, or endorsement on our part where none exists.
- You may not directly or indirectly suggest any endorsement or approval by the applicable Websites of your website, products, content, or any views expressed within your website.
Content may only be placed on websites that:
- Do not promote, facilitate, or encourage illegal activities (and do not display content actionable under U.K. or U.S. law).
- Do not promote, facilitate, or encourage hatred of any form (including, but not limited to, racism, terrorism, violence, and discrimination of any kind).
- Do not contain misleading, pornographic, or defamatory content.
- Do not display material that infringes on any third-party intellectual property rights.
If you use a script to gather information from our RSS feeds, you must use a server-side scripting language like PHP or ASP, not JavaScript. Gather the data from the feeds at regular intervals of an hour or more and use a database to store it. Scripts that gather data from our site with every page load are not permitted.
JSNutriRank offers its Content at no charge, and you may not charge users specifically for accessing JSNutriRank Content or attempt to sell our Content in any manner.
JSNutriRank reserves the right to restrict, suspend, or terminate any Content, your access to Content, the availability of Content, or these Terms of Use at any time, with or without liability. Upon receiving notice of termination from JSNutriRank, you agree to remove all Content from your website. You may terminate these Terms of Use at any time by removing all Content from your website and destroying all copies of our Content in your possession.
LIABILITY OF JSNUTRIRANK AND ITS LICENSORS
Because some jurisdictions do not allow the exclusion of implied warranties, limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the following limitations and exclusions may not apply to you.
The Services and the Content are provided on an “as is” basis, and your use of the Services and the Content is at your own risk. When using the Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of JSNutriRank. Accordingly, JSNutriRank assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or information transmitted in connection with the use of the Services.
JSNUTRIRANK, ITS AFFILIATES, LICENSORS, AND CONTRACTORS DISCLAIM ALL WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
Specifically, JSNutriRank, its affiliates, and licensors make no representations or warranties regarding:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided through the Services.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Services.
- Any damages, service interruptions, or viruses that may infect your computer or telecommunications equipment resulting from your access to or use of the Services and its contents.
To the fullest extent permitted by applicable law, in no event shall JSNutriRank, its affiliates, licensors, contractors, or any of their respective officers, directors, employees, agents, or any third parties mentioned on the Services be liable for any damages (including, but not limited to, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption), even if JSNutriRank has been previously advised of the possibility of such damages. This applies under any action, contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information and Content, and the Services. These limitations shall apply regardless of any failure of essential purpose or the existence of any limited remedy.
JSNutriRank shall not be liable for any personal injury, including death, or infringement caused by your use or misuse of the Services, Content, or Comments (as defined below). Any claims arising in connection with your use of the Services, any Content, or Comments must be brought within one (1) year of the date the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and limited to those expressly provided for herein.
For additional disclaimers and information regarding health content, please read our https://jsnutrirank.com/disclaimer/, which are incorporated herein by reference.
ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER WEBSITES
JSNutriRank may prioritize certain sites in response to search terms you enter, and may also allow advertisers to respond to these search terms with advertisements or sponsored content. JSNutriRank neither recommends nor endorses the content on any third-party websites. We are not responsible for the content of linked third-party sites, sites framed within the Services, third-party sites provided as search results, or third-party advertisements, and make no representations regarding their content or accuracy. Your use of these third-party websites is at your own risk and is subject to the terms of use for those sites. JSNutriRank does not endorse any product advertised on the Content or Services.
INDEMNITY
You agree to defend, indemnify, and hold JSNutriRank, its officers, directors, employees, agents, licensors, and suppliers 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 (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Services caused damage to a third party.
CLASS ACTION WAIVER
We mutually agree that each party may only resolve disputes with the other on an individual basis and may not bring a claim as a plaintiff or a class member in any class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidations with other arbitrations are not allowed.
BY AGREEING TO THIS USER AGREEMENT, YOU AND JSNUTRIRANK WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION. EACH PARTY UNDERSTANDS THAT BY AGREEING TO THIS USER AGREEMENT AND CLASS ACTION WAIVER, CLAIMS MAY ONLY BE BROUGHT AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable, or that a dispute can proceed on a class basis, then the waiver shall be null and void in its entirety.
This class action waiver section shall survive any termination of your account or the Services.
LOCATION AND SURVIVAL
JSNutriRank is based in Fort Lauderdale, FL, in the United States of America. JSNutriRank makes no claims that the Content is appropriate or may be downloaded outside the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Location and Survival, Liability of JSNutriRank and its Licensors, Comments, Indemnity, Class Action Waiver, Jurisdiction, No Waiver, and Complete Agreement and Amendment.
JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with JSNutriRank, or in any way relating to your use of the Services and/or the Content, resides in the courts of the State of Florida. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute, including any claim involving JSNutriRank or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms of Use are governed by the internal substantive laws of the State of Florida, without regard to its conflict of law principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
COMMENTS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to JSNutriRank on or by the Content and/or Services or otherwise disclosed, submitted, or offered in connection with your use of the Content and/or Services (collectively, “Comments”) shall be and remain JSNutriRank’s property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to JSNutriRank of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. JSNutriRank is under no obligation to (1) maintain any Comments in confidence; (2) pay any compensation for any Comments; or (3) respond to any user Comments.
You agree not to post on or transmit through the Services any Comments or other material that:
- Is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically, or otherwise objectionable in any manner.
- Is an advertisement or promotion for any product or service not approved in writing by JSNutriRank.
- Is false, misleading, or constitutes an unfair or deceptive trade practice.
- Promotes the use of alcohol, tobacco, or any illegal substance.
- Constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy.
- Infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights.
- Contains viruses, Trojan horses, worms, or other code, scripts, routines, files, or programs designed to alter, interrupt, impede, limit, or destroy the performance and/or functioning of any software, hardware, or other equipment.
You further agree that any Comments you provide do not contain any confidential, proprietary, or trade secret information of any third party, and will not be treated as confidential by JSNutriRank.
JSNutriRank shall have no obligation to store, keep copies of, or return any Comments. JSNutriRank reserves the right (but does not have the obligation), in its sole discretion, to modify, delete, or remove any Comments from the Services that it deems to be in violation of the foregoing requirements.
Without limiting the generality of the foregoing, JSNutriRank shall have the right to:
- Remove or refuse to post any Comments for any or no reason, in our sole discretion.
- Take any action with respect to any Comments that we deem necessary or appropriate in our sole discretion, including if we believe that such Comment violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for JSNutriRank.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including intellectual property rights or their right to privacy.
- Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms of Use.
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information regarding anyone posting materials on or through the Services.
YOU WAIVE AND HOLD HARMLESS JSNUTRIRANK AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, to the fullest extent permitted by applicable law, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
THIRD-PARTY CONTENT
From time to time, JSNutriRank may post Content supplied by third parties and users (collectively “Third-Party Content”). Additionally, if you register to receive our free newsletters and emails that promote the Services (“Newsletters”), you may receive Newsletters containing Third-Party Content or advertisements sponsored by third parties.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of JSNutriRank. JSNutriRank does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose.
Additional disclaimers and limitation of liability are noted below.
NOTICES FOR REPORTING AND MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
This policy is designed to comply with the requirements of the Online Copyright Infringement Liability Limitation Act and the Digital Millennium Copyright Act (DMCA). JSNutriRank will investigate notices of copyright infringement and take appropriate actions under the DMCA, Title 17, United States Code, Section 512(c)(2).
If you believe your work has been copied in a way that constitutes copyright infringement, please provide JSNutriRank’s copyright agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed upon.
- A description of where the material that you claim is infringing is located on the Services.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent for these Websites:
JN DIGITAL LEADS, LLC
Attn: Legal Department
Info (at) jsnutrirank.com
YOUR PRIVACY RIGHTS
All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Please send any concerns regarding our products or services by sending an email to info (at) jsnutrirank.com.
COMPLETE AGREEMENT AND AMENDMENTS
Except as expressly provided in a specific “legal notice” on the Services, these Terms of Use constitute the entire agreement between you and JSNutriRank with respect to the use of the Services and Content.
JSNutriRank reserves the right, in its sole discretion, to update, revise, supplement, and otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Services from time to time. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as “Additional Terms”) will be effective immediately upon notice, which may be provided by any reasonable means, including posting to the Services. Your continued use of the Services following such notice will be deemed as conclusive acceptance of any and all such Additional Terms.
TERMINATION
You may stop using the Services at any time, subject to the surviving terms set forth herein. JSNutriRank may also terminate these Terms of Use and/or the Services at any time and may do so immediately without notice. JSNutriRank may deny you access to the Services if, in its sole discretion, you fail to comply with any term or provision of these Terms of Use.
NO WAIVER
JSNutriRank’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of JSNutriRank’s right to subsequently enforce such a provision or any other provision of this Agreement. Any delay or omission on the part of JSNutriRank to exercise or take advantage of any right or remedy that it has or may have hereunder shall not operate as a waiver of any such right or remedy.
CONTACT INFORMATION
Thank you for your cooperation. We hope you find our Services helpful and convenient to use. Questions or comments regarding these Services, including reports of non-functioning links, should be directed to:
info (at) jsnutrirank.com
Or by clicking this link: https://jsnutrirank.com/contact/