Terms of Use

Important Note

Precision Nutrition's ProCoach gives health and fitness professionals the opportunity to use Precision's habit-based nutrition program and curriculum with their own customers. If you are one of these customers, you still need to sign off on our Terms of Use. However, you arrange your own payment arrangements with your own coach. The following sections do not apply: “Payment”, “Our Money Back Guarantee and Refunds”, and “Termination”.

If you purchase your products and/or services directly from Precision Nutrition, then all sections apply.

Precision Nutrition Inc. (“Precision” or “we”, “us”, “our”) delivers online health and fitness services and other related programs, products and services (the “Services”) through our Precision website (the “Site”) to individuals who use our Site and/or register or purchase our Services (the “Clients” or “You”). These Terms of Use (as amended or modified from time-to-time, the “Terms of Use”) govern your use of our Services and the Site. A full copy of our Terms of Use, as amended, are available at www.precisionnutrition.com.

PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU USE OUR SERVICES.

By clicking the “I accept” button or by using our Site or Services, you acknowledge that you are 18 years of age or older (or of legal age in your jurisdiction required to form a binding contract if that age is over 18) and that you have read, understand and agree to be bound by these Terms of Use, as amended from time-to-time, and our Privacy Policy. If you are not willing to be bound by and comply with these Terms of Use, you should not access or otherwise use our Site or Services. Precision may modify these Terms of Use at any time, in our sole discretion, and such modifications shall be effective immediately upon the earlier of the posting of the modified Terms of Use on our Site or your notification of such amendments. You agree to review these Terms of Use periodically and your continued use of our Site or Services shall be deemed conclusive acceptance of any modified Terms of Use.

Who Can Use Our Services

Our Site and Services are not intended for use by individuals under the age of 18 (a “Minor”) unless a Minor has obtained prior consent to use our Site or Services. Use of our Site or Services by a Minor without such consent is strictly prohibited. Precision specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any Client. Precision will have no liability resulting from any use of our Site or Services by any Minor.

Our Services

Precision offers five categories of nutritional information products and services:

1. Precision Nutrition Coaching Programs (“PN Coaching Program”);

When you register for one of our PN Coaching Programs (Group or 1-to-1), you will either receive a structured year-long nutrition program or a customized program (renewable every 1, 3, or 6 months), a training program, and be able to connect with one of our experts (a “Coach”) to help make adjustments to your program and keep you on track. Your Coach will adjust your PN Coaching Program experience based on the information that you provide to us.

Precision aims to connect you with a Coach who is best suited based on the information about your health goals and other information that you provide us when you register for our Services. If you would like to change your Coach, please contact us at [email protected]. Precision reserves the right to change your Coach at any time, in our sole discretion.

2. Precision Nutrition Certification (Level 1 or Level 2) Program (“PN Certification Programs”); and

Precision offers three coaching certification programs for fitness professionals. These PN Certification Programs are based on materials developed by Precision, which provide nutritional information and coaching strategies for Clients who register for this program. The PN Certification Programs also require the completion of exams online, and grants access to our Precision team and coaching tools. PN Certified professionals are required to renew their credential every 2 years.

3. Precision Nutrition Guide and Gourmet Nutrition book (“PN Guides”);

Precision offers PN Guides for sale that are resources for nutrition and lifestyle information developed by the Precision team through our research in the field of exercise and nutrition sciences. The Precision Nutrition Guide is an 11-part module intended to provide nutritional information to help individuals embark on a self-guided nutrition program based on our Precision Nutrition System. The Gourmet Nutrition book is a cookbook including recipes, cooking instructions, and nutritional information for meal preparation.

4. Precision Nutrition's ProCoach;

Precision offers ProCoach, a nutrition coaching software for health and fitness professionals. ProCoach gives health and fitness professionals the opportunity to use Precision's habit-based nutrition program and curriculum, delivered using the Site, with their customers.

5. Precision Nutrition's Academy (and Continuing Education Courses);

Precision offers PN Academy, a continuing education membership. The courses and content in PN Academy (and those accessible outside of the PN Academy) are based on materials developed by Precision, which provide nutritional information and coaching strategies for Clients who enrol. Some Content also requires the completion of exams online, and grants access to our Precision team and coaching tools.

Payment

You agree to pay, and authorize Precision's third party payment processor to charge using your selected payment method and payment plan, for all applicable fees, prorated charges, and taxes that may accrue in relation to your subscription to use our Services or purchase our products. All fees are in US Dollars and are non-refundable except as required by law.

All prices, discounts and promotions posted on this Site are subject to change without notice. The price charged for a product or Service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. For subscription offerings Precision reserves the right to change pricing upon notice. Posted prices are inclusive of all applicable taxes. Precision is not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution.

You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due. Precision is not responsible for charges or foreign exchange rates applied by your Credit Card Company and/or financial institution.

Precision may offer an option to pay for a Program over twelve consecutive months and/or offer an introductory period during which no payments are due. If you select this twelve-month payment plan and/or an introductory “no payment” period applies to your order, you are nevertheless obligated to make all payments for the purchase of the applicable Program as and when due, even if you have completed the Program prior to the end of the twelve-month payment period or during any introductory “no payment” period. In the case of the PN L1 Certification Programs, you must make at least 3 payments at the full monthly price of your plan in order to receive your certification for any monthly payment plans and offers.

Additionally, Precision reserves the right to rescind any certification received if all payments for the applicable PN Certification Program are not paid when due.

Note that if you access our Services through one of our ProCoach Clients, Precision is not responsible for and disclaims all warranties and liabilities with respect to your payment arrangements with the ProCoach Client.

Wherever possible, we collect personal information directly from you. Where applicable, we may also obtain information about you from other sources. That is, if you register for our PN Coaching Program via a third-party social media network, you authorize Precision to collect from the third-party network the personal information you provided in your third-party network account so that we may pre-populate the registration and other relevant fields of your PN Coaching Program user profile. Your use of third-party networks remains subject to the terms and conditions and policies you have agreed to with such third-party network providers.

Our Money Back Guarantee and Refunds

For Clients of our PN Coaching Programs: We at Precision want you to get as much out of our program as possible. We guarantee that you will benefit from our PN Coaching Programs. For PN Group Coaching, you have up to 30 days from the start date of the program to claim our money back guarantee. After 30 days, we will provide you with a full refund after your completion (12 months) of a PN Group Coaching program.

For PN 1-to-1 Coaching enrollment on a 14-day trial, you can cancel anytime during the trial period at no cost. For PN 1-to-1 Coaching with payment made on enrollment, you can cancel anytime after the first 30 days. In all cases, refunds are pro-rated for services not used after the first 30 days.

Note that if you access our services through one of our ProCoach Clients, Precision is not responsible for and disclaims all warranties and liabilities with respect to your payment arrangements with the ProCoach Client.

For Clients of our PN Level 1 Nutrition Certification Program or who have purchased any of our PN Guides: If you are not satisfied with the materials we provide you and you have not yet completed the program, you have up to 45 days from the date of registering for our Services to return any textbook(s) you receive and get your money back. You are required to pay for return shipping.

For Clients of our PN Level 1 Sleep, Stress Management, and Recovery Certification Program: If you are not satisfied with the materials we provide you and you have not yet completed the program, you have up to 45 days from the date of registering for our Services to get your money back.

For Clients of our PN Level 2 Certification Program: We will provide a full refund if you finish out the full year of coaching and complete at least 75% of the program (daily lessons, case studies, and quizzes).

For Clients of our PN Level 2 Master Health Coaching Certification Program: If you are not satisfied with the PN Level 2 Master Health Coaching Certification, you have up to 30 days from the start date of the program to claim our money-back guarantee. After 30 days, we will provide you with a full refund if you finish out all 20 weeks of coaching and complete at least 75% of the program (live session attendance, self-study lessons, case studies, quizzes, and the final exam).

For Clients of ProCoach: We stand behind everything we do, and we want to make ProCoach easy for you to try. That’s why we provide a 30-day free trial. If you decide that ProCoach isn’t working for you before your first payment date, simply cancel and you won’t be charged.

For Clients of our PN Academy (and/or Continuing Education Courses): If you are not satisfied with the Specialized or Nutrition Coaching Bootcamp course you purchase, you have up to 45 days from the date of registering for that Service to get your money back for that course. There are no refunds on membership fees.

For Clients of Coaching Business Kickstarter: If you are not satisfied with Kickstarter, you have up to 30 days from your purchase date to get your money back for the program.

If you wish to receive a full refund for these Services or have any questions about our money back guarantee, please contact us at [email protected].

Content Rights and Ownership

All content provided or otherwise made available by Precision through the Services and the Site, including but not limited to text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Services, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by or to Precision and is protected by intellectual property rights and unfair competition laws within and outside of Canada. Content also includes any Content that Clients (including you) provide or make available through our Services and Site (“Client Content”).

Subject to your compliance with these Terms of Use, Precision hereby grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of our Services and Site.

By making Client Content available through our Services and Site, you hereby grant Precision a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, reproduce, modify, adapt, translate, create derivative works based upon, distribute, publicly display, perform, distribute and communicate by means of telecommunication your Client Content in connection with operating and providing our Services, Site, and Content to you and other Clients.

You are solely responsible for all of your Client Content. You represent and warrant that you own all your Client Content, or have the necessary rights to grant us the license rights in your Client Content as described under these Terms of Use. You also warrant and represent that neither your Client Content, or the use and provision of such through the Services and the Site, nor any use of the Client Content by Precision on or through the Services and the Site will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity of privacy, or result in the violation of any applicable law or regulation.

You can remove your Client Content by specifically deleting it. However, in certain instances, some of your Client Content may not be completely removed and copies of your Client Content may continue to exist on the Services or the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Client Content.

Any user reviews submitted to PN's website or through 3rd-party review websites may be used for marketing purposes.

Trademarks and Trade Names

All trademarks, service marks, trade names, logos and graphics (“Marks”) used in our Services or on the Site are registered or common law trademarks of Precision. You may not make any use of any Marks without the prior written consent of Precision.

Feedback

We at Precision would love to hear from you, and welcome any feedback, comments and suggestions you may have to improve our Services and/or our Site (“Feedback”). You can submit Feedback by emailing us at [email protected]. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

General Prohibitions and Acceptable Usage

To foster a positive and welcoming community for our Services and on the Site, Precision has established the following rules of use. You agree you will not:

• Permit any other person (other than an agent acting solely on your behalf and subject to your direct supervision) to access the Services or the Site using your account for any purpose;
• Attempt to access another person's account, including, without limitation, attempts to use another person's credentials to create an account for our Services or the Site, unless you are acting solely on behalf on another person pursuant to a written agency agreement detailing this permission;
• Create multiple accounts under different names or emails, or re-register an account that was previously terminated by Precision;
• Post, upload, publish, submit or transmit any Content through our Services or the Site that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
• Post, upload, publish, submit, transmit, or communicate, in any manner or forum, content directly to and/or about Precision employees that: (i) is defamatory, obscene, pornographic, vulgar or offensive; (ii) promotes discrimination, bigotry, racism, hatred, harassment or harm; (iii) is violent or threatening or promotes violence or actions that are threatening or perceived to be threatening.
• Use, display, mirror or frame the Services, or any individual element within the Services, Precision's name, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page on our Site or in the Services, without Precision's express written consent;
• Access, tamper with, or use non-public areas of the Services and the Site, Precision's computer systems, or the technical delivery systems of Precision's providers;
• Attempt to probe, scan, or test the vulnerability of any Precision system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Precision or any of Precision's providers or any other third party (including another Client) to protect the Services, Site, or Content;
• Interfere with, or attempt to interfere with, the access of any Client, host or network, including, without limitation, intentionally posting or transmitting to or through the Services or the Site any file that contains a virus, bug, worm, Trojan horse, disabling device or any other contaminating or destructive feature;
• Attempt to access or search the Services, Site or Content or download Content from the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Precision or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation through our Services;
• Use the Services, Site or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, Site, or Content to send altered, deceptive or false source-identifying information;
• Use any meta tags or other hidden text or metadata utilizing a Precision trademark, logo URL or product name without Precision's express written consent;
• Collect or store any personally identifiable information from the Services or the Site from other Clients without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

The sender of any communication in or through our Services or the Site shall be solely responsible for the content and information contained therein, including, without limitation, its truthfulness, accuracy and completeness. Although Precision reserves the rights to monitor, record, edit or remove any content within our Services or the Site, Precision has no obligation or responsibility to do so. In addition, Precision shall not be liable or responsible to any Client, Coach or any other person or entity for the performance or non-performance of the monitoring, recording, editing or removal activities mentioned above.

No Professional or Medical Advice; No Doctor-Patient Relationship

OUR COACHES ARE NOT HEALTHCARE PROFESSIONALS. OUR SERVICES AND THIS SITE DO NOT PROVIDE OR OFFER, AND ARE NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT (“MEDICAL ADVICE”). Precision provides the services for informational purposes only. Based on information that you request and/or provide to us, Precision provides you: (i) access to general health education and information; (ii) nutritional and other fitness advice from our Coaches; and (iii) references to other resources. While Precision believes that the information provided through our Services and the Site is current and reliable, Precision cannot and does not make any such guarantee or warranty.

YOU HEREBY AGREE THAT, BEFORE USING OUR SERVICES, YOU WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR MEDICAL ADVICE, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS ARISING FROM CHANGES IN YOUR DIET OR LIFESTYLE. Our Services are not intended to be used by Minors or individuals with health conditions that makes the kind of changes to diet or lifestyle suggested by our Services unsafe or inappropriate.

Furthermore, Precision shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. Precision shall not be liable to you for your reliance on any information obtained through the use of the Services or this Site, and Precision disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by Precision's gross negligence or wilful misconduct.

Assumption of Risk and Disclaimer

PRECISION PROVIDES, AND YOU ACKNOWLEDGE AND AGREE THAT PRECISION PROVIDES, THE SERVICES, THIS SITE AND ANY AND ALL MATERIALS RECEIVED BY YOU AS PART OF YOUR USE OF OUR SERVICES AND THIS SITE “AS IS” AND “WITHOUT WARRANTY” OF ANY NATURE OR KIND. PRECISION GRANTS NO, AND PRECISION HEREBY DISCLAIMS ALL, WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES AND THIS SITE PROVIDED TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SERVICE, THIS SITE, OR CONTENT WITH WHICH IT IS LINKED. PRECISION DOES NOT WARRANT THAT (I) YOUR USE OF THE SERVICES OR THIS SITE WILL BE UNINTERRUPTED OR SECURE, THAT IS WILL BE ALWAYS AVAILABLE OR ERROR FREE OR WILL MEET YOUR REQUIREMENTS OR NEEDS, (II) ANY OR ALL DEFECTS OR ERRORS IN THE SERVICES OR THIS SITE WILL BE CORRECTED OR (III) THAT THE SERVICES OR THE INFORMATION PROVIDED ON THIS SITE IS ACCURATE, CURRENT OR COMPLETE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SERVICE OR ACCESS THERETO AT ANY TIME WITHOUT NOTICE TO YOU. TO THE EXTENT YOU COMMUNICATE WITH CUSTOMER SERVICE OR A PRECISION REPRESENTATIVE THROUGH ANY SOURCES, THE STATEMENTS AND PROMISES MADE OR ACTIONS TAKEN BY THEM SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THESE TERMS OF USE AND THIS DISCLAIMER SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

FURTHER, USING THE SERVICES MAY INVOLVE THE RISK OF PHYSICAL OR MENTAL INJURY OR ILLNESS. SPECIFIC RISKS VARY FROM ONE DIET OR LIFESTYLE CHANGE TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES OR ILLNESS TO MAJOR INJURIES OR ILLNESS.

IN CONSIDERATION OF YOUR USE OF THE SERVICES, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THE RISKS AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PRECISION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL AND OTHER REASONABLE FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION (AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THESE TERMS OF USE; (II) YOUR USE OF THE SERVICE, YOUR ACCOUNT(S), YOUR CLIENT CONTENT; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THIRD PARTY RIGHTS, INCLUDING, WITHOUT LIMITATION, FOR PERSONAL, BODILY, OR MENTAL INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, ECONOMIC LOSS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM OR ANY DAMAGE TO YOU, YOUR SPOUSE, UNBORN CHILD, OR OTHER THIRD PARTIES RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF PRECISION OR ANYONE ON PRECISION'S BEHALF. YOU UNDERSTAND AND ACKNOWLEDGE THAT PRECISION IS PROVIDING INFORMATIONAL SERVICES ONLY AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS.

PRECISION HEARBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY SERVICES PROVIDED BY OUR PROCOACH CLIENTS.

PRECISION CERTIFICATION PROGRAM AND PN GUIDES’ CLIENTS, ALONG WITH PROCOACH USERS, SHOULD RESEARCH AND COMPLY WITH THEIR RESPECTIVE STATE’S OR COUNTRY’S LICENSING LAWS BEFORE GIVING SPECIFIC FOOD, SUPPLEMENT, NUTRITIONAL OR DIETARY ADVICE. PROVIDING INFORMATION FROM THE PRECISION CURRICULUM FOR L1 AND L2 COACHING PROGRAMS AND/OR DELIVERING PRECISION CONTENT THROUGH PROCOACH WITHOUT MODIFICATION IS PERMITTED IN MOST STATES AND COUNTRIES, BUT SEEK LEGAL ADVICE IF YOU PLAN TO CUSTOMIZE OR OFFER SPECIFIC ADVICE.

Limitation of Liability

IN NO EVENT SHALL PRECISION, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE: (I) TO YOU FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR GOODWILL, LOSS OF PROGRAMS, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR COST OF SERVICE INTERRUPTIONS) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, THIS SITE, THE SERVICES MOBILE APPLICATION SOFTWARE (IF ANY) AND ANY AND ALL EQUIPMENT OR DEVICES RECEIVED BY YOU AS PART OF YOUR USE OF IN THE SERVICES, EVEN IF PRECISION OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) TO ANY PERSON OTHER THAN YOU FOR ANY DAMAGES WHATSOEVER.

IN ADDITION, PRECISION DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER CLIENTS OR UNAUTHORIZED USERS (E.G., “HACKERS”) OF THE SERVICES. EXCEPT WHERE DUE TO PRECISION'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

IN NO EVENT SHALL PRECISION BE LIABLE TO YOU OR ANYONE ELSE FOR ANY AMOUNT IN EXCESS OF THE AMOUNTS PAID BY YOU (OR BY A THIRD PARTY ON YOUR BEHALF, AND ONLY TO THE EXTENT SUCH AMOUNT IS DIRECTLY ATTRIBUTABLE TO YOU AND NOT ANOTHER CLIENT) TO PRECISION FOR ACCESS TO THE ONLINE SERVICES AND THIS WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.

Violation of the Terms of Use

In addition to any other rights and remedies available to Precision, we reserve the right to terminate or suspend any Client's right to access or use our Services or the Site, without notice, if we believe, in our sole discretion, that such Client has violated these Terms of Use.

Termination

You may cancel your account at any time by emailing us at [email protected]. In the event that you cancel your account, Precision shall not be required to provide you with a refund or other compensation.

In the event of your default under these Terms of Use, Precision reserves the right to terminate or suspend your account or use of the Services at any time. In such event, Precision shall not be required to provide you a refund or other compensation.

Upon termination, discontinuation or cancellation of our Services or your account, all provisions of these Terms of Use which should survive will survive, including, without limitation: content rights and ownership provisions, warranty and professional/medical services disclaimers, assumption of risk and indemnity, limitations of liability, and dispute resolution provisions.

Dispute Resolution and Governing Law

Precision currently operates from Ontario, Canada. These Terms of Use shall be governed and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You agree that any claim or cause of action arising out of, or related to, your use of the Services and the Site shall be brought exclusively in the Superior Court of Justice, or for matters involving intellectual property, the Federal Court of Canada, located in Toronto, Ontario Canada. The language of any proceedings arising from these Terms of Use shall be in English.

If you choose to access and use our Services from another location, country or jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Nothing in these Terms of Use shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by these Terms of Use. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of these Terms of Use.

Regardless of any statute or law to the contrary, any claim or cause of action against Precision arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you have a dispute with one or more of our other Clients, you release Precision from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Personal Information and Privacy Policy

All information provided by you or collected by us in connection with your use of our Services, including your payment information and health information (“Personal Information”), will be collected, used and disclosed pursuant to the terms of our Privacy Policy, which is incorporated by reference and available online at www.precisionnutrition.com. Precision may amend the Privacy Policy from time-to-time, in its sole discretion, without being liable to you or any other person, by making an amended Privacy Policy available through our Site or otherwise notifying you. Each time you use our Site, you consent to the collection, use and disclosure of your Personal Information (including your Personal Health Information) by Precision in accordance with our Privacy Policy, as amended.

Links to Third Party Websites

Our Services may contain links to third-party websites, social media platforms or other resources, but these links and sites do not form part of our Services. We provide these links only as a convenience to you and are not responsible for the content, products or services available from those websites or resources or links displayed on such sires. Precision does not endorse or control any information accessed on or from any third-party website and assumes no responsibility for any material which may be accessed through such links. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. Please make sure to review the applicable agreements and policies when visiting any third-party websites, including different policies with respect to the use, collection and disclosure of your Personal Information.

Internet Service Provider Charges and Other Charges

You are responsible for all mobile, cable or other internet service provider charges incurred by you for connecting to the Services or the Site, and Precision assumes no responsibility or liability for any such charges, including, but not limited to, data charges, long distance charges, per minute (or unit) surcharges, and/or equipment or line costs, incurred by you while accessing the Services or the Site. Any dispute or problem regarding telephone or internet provider services are strictly between you and your service provider. You may receive text messages in connection with your use of our Services or the Site. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for text you receive and Precision assumes no responsibility or liability for any such charges.

General Provisions

The Terms of Use, accepted upon first accessing the Services and the Site, including all policies, terms and conditions or other documents and agreements you may accept incorporated by reference, constitutes the entire agreement between you and Precision regarding the use of our Services and the Site. Any and all other written or oral agreements or understandings previously existing between you and Precision with respect to use of our Services and Site are hereby superseded and cancelled.

If any provision of the Terms of Use is found unlawful, void or unenforceable, then such provision shall be deemed severable from the rest of the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Our Communication with You

Subject to providing your express consent evidence by checking the box and option during the registration process for our Services or on our Site, you consent to receive (via email or through the Services or Site) communications from us regarding the use of the Services and the Site, and authorize us to send you other communications, newsletters or offers regarding third-party products and services. If you do not opt-in to receive the communications described in this section, the remainder of the Terms of Use will continue to apply to you and your use of the Services and the Site.

Precision Nutrition - SMS Short Code 76898 ('PNTXT')

1. When you opt-in on our website by providing your mobile number, you are agreeing to receive Precision Nutrition Alerts via SMS from the short code 76898. Message and data rates may apply. Message frequency will vary based on your use. Text "HELP" for help. Text "STOP" to cancel.
2. You can cancel this service at any time. Just text "STOP" to 76898. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.
 

If you want to join again, just sign up as you did the first time and we will start sending messages to you again.

3. If at any time you forget what keywords are supported, just text "HELP" to 76898. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
4. Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
5. T-Mobile is not liable for delayed or undelivered messages.
6. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
 

For all questions about the services provided by this short code, you can send an email to [email protected] (or call/text 1-877-660-6464).

7. If you have any questions regarding privacy, please read our privacy policy.

1. You can opt-in to the service by signing the contract or agreeing to our consent form on our website that states “I consent to Precision Nutrition sending me SMS messages. If I wish to unsubscribe I may do so at any time by texting ‘STOP’ to 76898”, and you will automatically stop receiving messages.
2. You can cancel the SMS service at any time. Just text “STOP” to 76898. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed and you will no longer receive SMS messages from us. If you want to join again, just text “JOIN” to 76898 and we will start sending SMS messages to you again.
3. If at any time you forget what keywords are supported, just text “HELP” to 76898. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
4. Participating carriers: Bell, Fido, MTS, NorthernTel, Rogers, SaskTel, Telebec, Telus, Videotron, Eastlink, Aliant, Pubic Mobile, Mobilicity Virgin Mobile, Wind. Standard Message and Data Rates May Apply.
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to [email protected].
6. If you have any questions regarding privacy, please read our privacy policy.

1. Vous pouvez vous inscrire au service en signant le contrat ou en acceptant notre formulaire de consentement sur notre site web qui indique “Je consens à ce que Precision Nutrition m'envoie des messages SMS. Si je souhaite me désinscrire, je peux le faire à tout moment en envoyant un text ‘STOP’ au 76898”, et vous cesserez automatiquement de recevoir des messages.
2. Vous pouvez annuler le service SMS à tout moment. Envoie un text ‘STOP’ au 76898. Après nous avoir envoyé le message SMS ‘STOP’, nous vous enverrons un message SMS pour confirmer que vous avez été désabonné et vous ne recevrez plus de SMS de notre part. Si vous souhaitez vous réinscrire, envoyez ‘JOIN’ par SMS au 76898 et nous recommencerons à vous envoyer des SMS.
3. Si à tout moment vous oubliez les mots clés pris en charge, envoyez un text ‘HELP’ au 76898. Après avoir ayez envoyé le message SMS ‘HELP’, nous vous répondrons avec des instructions d'utilisation pour notre service ainsi que sur la façon de vous désinscrire.
4. Fournisseurs de services participants:

Bell, Fido, MTS, NorthernTel, Rogers, SaskTel, Telebec, Telus, Videotron, Eastlink, Aliant, Pubic Mobile, Mobilicity Virgin Mobile, Wind.

Les frais de messagerie text et de transmission de données standard s'appliquent.

5. Comme toujours, les frais de messagerie text et de transmission de données standard s'appliquent pour tous les messages. Si vous avez des questions sur votre plan de texte ou plan de données, c'est mieux de contacter votre fournisseur de services. Pour toutes questions sur les services code court, vous pouvez nous contacter au [email protected].
6. Si vous avez des questions concernant la confidentialité, veuillez lire notre politique de confidentialité.

Contact Us

If you have any questions about these Terms of Service, our Services, or our Site please contact Precision at [email protected], or mail us at:

18 King Street East, Suite 1400
Toronto, ON
M5C 1C4

Last Updated: May 27, 2020