Terms & Conditions – Macrostax

Terms & Conditions

Macrostax, LLC, its affiliates, and subsidiaries, (collectively referred to as “Macrostax,” “we,” or “us”) offers a website and mobile application (together referred to as the “Application”) designed to provide you a data center, accessible via the Internet, to assist you in organizing personal nutrition goals and tracking your personal progress toward those goals. The Application may provide suggestions for meals and/or certain food items that fit certain macronutrient goals. The meal suggestions or macronutrient goals are intended only as general information, for educational purposes, and are subject to the limitations contained herein. These Terms and Conditions of Use (“Terms”) govern your access to and use of our Application. Please read the Terms carefully before using our Application as they are a legally binding contract between you and Macrostax. By clicking below, you acknowledge that you have read and consented to the terms contained herein.

Health Notice

Macrostax is not a medical organization, and our staff cannot give you medical advice or diagnosis. Nothing in the Application should be construed to give medical advice, diagnosis, or to prescribe any course of treatment. Before using this Application, or participating in any other nutritional program, you should consult a physician to assess whether it is safe for you. The information and reports provided in the Application should not be construed as a substitute for nutritional advice by a physician or dietitian. Any information provided is intended as useful general information — not as medical advice — nor as nutritional counseling. To the maximum extent permitted by applicable law, you expressly agree that we are not providing medical advice, diagnosis, or prescribing a course of treatment, nor are we providing nutritional counseling through information provided within the Application. You agree to hold harmless Macrostax, its affiliates, subsidiaries, owners, managers, members, officers, principals, employees, and agents if you experience any adverse effect after utilizing the Application. The information in the Application, and/or any suggested meals or recipes provided in the Application, do not take into account any individualized health issues that you may have. If you have any medical condition, including without limitation, an eating disorder, pregnancy, diabetes, food allergies, or if you are currently taking prescription drugs, you must consult a professional before utilizing this Application.

The Application has a feature that enables you to Chat with our representatives who can provide guidance to questions that you may have about the Application, suggested foods, or individual macronutrient goals. Our representatives are not physicians or dietitians. Any information that you receive from our representatives, via the chat feature, or any other medium, should not be construed as medical advice or diagnosis, nor should it be construed to provide nutritional counseling, or to prescribe any course of treatment. Our representatives do not have any knowledge of any individualized health issues that you may have. You should consult a physician before following any suggestions provided via the Chat feature. Any information that our representatives provide via the Chat feature, or through any other medium, is generalized information provided for educational purposes. Any information our representatives provide regarding macronutrient content of foods or meals is from published information derived from third parties and is impossible or unfeasible for us to verify its accuracy. You agree to hold harmless Macrostax, its affiliates, subsidiaries, owners, managers, members, officers, principals, employees, and agents if any macronutrient information provided is incorrect, or if you experience any adverse effect after following any suggestion provided by our representatives. Use of this Application is not intended for minors; all users must be at least eighteen (18) years of age. By clicking below, you acknowledge that you have been instructed to consult a physician before utilizing the Application, to ensure that any food suggestions, or personal macronutrient goals, are safe for you. Further, by clicking below, you agree to hold harmless Macrostax, its affiliates, subsidiaries, owners, managers, members, officers, principals, employees, and agents if you experience any adverse effect after utilizing the Application.

Privacy

We take the collection, use, and security of your personal information very seriously. We will never sell your information to a third party. The Application has a feature that enables you to store photographs of your progress. We recommend that you utilize this feature to track your individual progress. We will never share or use your personal photographs without your express written consent.

Service Updates

We are constantly updating and improving the form and functionality of the Application. Future updates and improvements may make some portions of these terms inapplicable. Accordingly, we reserve the right to amend these Terms by providing written notice to you of any changes.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado and controlling U.S. federal law as applicable, without regard to conflict of law principles.

Disputes and Arbitration

To the maximum extent permitted by applicable law, you and Macrostax agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to your use of the Application under the rules of the American Arbitration Association. Arbitration is more informal than a lawsuit in court and is subject to very limited review by the courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration. Any arbitration between you and us, to the extent necessary, will be conducted in Boulder, Colorado, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum.

Survival

If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Application. The Terms constitute the entire agreement between you and us with respect to your use of the Application. Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Our notice to you via email, regular mail, or notices or links displayed in connection with the Application, constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Application, then it will be considered received twenty-four hours after it is first displayed.

Refund Policy

If you are unhappy with the product you are welcome to cancel at anytime at no additional fee inside your account. Due to the front loaded information created specific to each individual provided immediately after purchase we do not issue refunds for any reason.

By using this web application you agree to the terms above and the following document:

https://stripe.com/us/legal