Last Updated: November 15, 2025

 

These Terms of Agreement (the “Terms”) constitute a legally binding agreement between Holisticated LLC DBA Nutriswell (“Nutriswell,” “Company,” “we,” “our,” or “us”) and any individual or entity (“you” or “User”) who accesses or uses our website www.nutriswell.com, its sub-domains, mobile applications, or related online services (collectively, the “Site”).

 

By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must immediately discontinue use of the Site.

 

Acceptance of Terms

Nutriswell provides the Site and related wellness programs, educational content, digital materials, and online scheduling tools subject to these Terms.

 

Your continued use constitutes acceptance of any updated Terms posted on this page from time to time. The “Last Updated” date above reflects the most recent revision.

 

Scope of Services

Nutriswell provides, without limitation, wellness, nutrition, and lifestyle content for general informational and educational purposes.

 

Nutriswell is not a medical provider and does not offer medical diagnosis or treatment.

No information on the Site should be construed as medical advice, and you should consult a qualified health-care provider before making any medical, nutritional, or fitness decisions.

 

Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Site or register for any program.

 

By using the Site, you represent that you meet this requirement and that all information you submit is true, accurate, and complete.

 

Account Creation and Security

Certain areas of the Site may require an account. You agree to:

1. Provide accurate, current information;

2. Keep login credentials confidential; and

3. Notify us immediately of unauthorized use.

You are responsible for all activity under your account. Nutriswell reserves the right to suspend or terminate any account for violation of these Terms or suspected misuse.

 

Intellectual Property Rights

All materials on the Site—including text, graphics, videos, logos, trademarks, service marks, software, and other content (collectively, “Content”)—are owned by or licensed to Nutriswell and protected under U.S. and international copyright, trademark, and other intellectual-property laws.

 

You may access the Site and view Content for personal, non-commercial purposes only.

Except as expressly permitted, you may not reproduce, modify, distribute, transmit, display, perform, or create derivative works of any Content without prior written consent from Nutriswell.

 

User Content and License

If you post, upload, or transmit any materials to the Site (“User Content”), you grant Nutriswell a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, display, and distribute that User Content for the purpose of operating and improving the Site and Services.

 

You represent that you own or have the necessary rights to the User Content and that your submission does not infringe or violate any third-party rights or applicable law.

 

Payment Terms

If you purchase any products, memberships, or program access through the Site:

1. You agree to pay all fees shown at checkout;

2. You authorize Nutriswell (or its payment processor) to charge your chosen payment method; and

3. All sales are subject to the refund or cancellation policy described at the point of sale or in your program agreement.

 

Prices and payment terms may be changed at any time.

 

Prohibited Conduct

You agree not to:

1. Use the Site for unlawful, fraudulent, or deceptive purposes;

2. Attempt to gain unauthorized access to any system or account;

3. Introduce viruses or harmful code;

4. Scrape, copy, or harvest data for commercial use;

5. Harass, threaten, or abuse any Nutriswell staff or clients; or

6. Interfere with the security, integrity, or availability of the Site.

 

Violation may result in immediate suspension or termination of access and potential legal action.

 

Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUTRISWELL DISCLAIMS ALL WARRANTIES—EXPRESS OR IMPLIED—INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

Nutriswell does not warrant that the Site will be error-free, secure, or uninterrupted, or that the information provided is accurate or complete.

You assume full responsibility for your use of the Site and any reliance on its information.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NUTRISWELL AND ITS MANAGERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR ANY SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL NUTRISWELL’S TOTAL LIABILITY EXCEED THE GREATER OF (1) THE AMOUNT PAID BY YOU TO NUTRISWELL FOR THE SERVICE GIVING RISE TO THE CLAIM OR (2) FIFTY U.S. DOLLARS ($50).

 

Indemnification

You agree to indemnify and hold harmless Nutriswell, its affiliates, officers, and employees from and against any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your use of the Site, your violation of these Terms, or your infringement of any third-party rights.

 

Privacy and Data Protection

Your use of the Site is also governed by our Privacy Policy, available at www.nutriswell.com/privacy

 

By using the Site, you consent to the collection, use, and disclosure of information as described in that policy.

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User-Generated Content and DMCA Notice Procedures

1. User Content:

• Nutriswell may permit users to post, upload, submit, or share content on the Website, including but not limited to comments, reviews, testimonials, photos, documents, videos, and other materials (“User Content”).

• By submitting User Content, you represent and warrant that:

1. You own the content or have the necessary rights and permissions to post it;

2. Your User Content does not infringe any copyright, trademark, trade secret, or other intellectual-property right of any third party;

3. Your User Content does not violate any law, regulation, or the rights of others; and

4. Your User Content complies with these Terms and our Community Guidelines (if applicable).

• In using this website, you grant Nutriswell a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable license to use, reproduce, distribute, publicly perform, publicly display, modify, adapt, and create derivative works of your User Content for the purposes of operating, improving, and marketing the Website and Services.

• Nutriswell reserves the right, but not the obligation, to review, monitor, refuse, edit, or remove any User Content in its sole discretion.

1. Copyright Infringement & DMCA Takedown Notices:

• Nutriswell complies with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, and will respond to properly submitted notices of alleged copyright infringement.

• If you believe that your copyrighted work has been copied or posted on our Website in a way that constitutes copyright infringement, please submit a written DMCA Takedown Notice to our Designated Agent containing the following:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

2. Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are involved;

3. Identification of the infringing material to be removed, with sufficient detail to allow Nutriswell to locate it on the Website;

4. Your contact information, including name, address, telephone number, and email address;

5. A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

• DMCA requests must be sent to:

Marcia Brown, PhD

Nutriswell

70 Street, Suite B

Guttenberg, NJ 07093

Email: hello@nutriswell.com

Phone: 551-257-4042

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• NOTE: To receive DMCA Safe Harbor protection, Nutriswell must designate an agent with the U.S. Copyright Office and keep that registration current. (See DMCA Directory FAQs, U.S. Copyright Office.)

1. Counter-Notification Procedures:

• If your content was removed based on a DMCA Takedown Notice and you believe the removal was in error or that you are legally authorized to post the content, you may submit a Counter-Notification to our Designated Agent.

• A valid Counter-Notification must include:

1. Your physical or electronic signature;

2. Identification of the removed material and the location where it appeared before removal;

3. A statement under penalty of perjury that you have a good-faith belief that the content was removed as a result of mistake or misidentification; and

4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal courts located in New Jersey, and that you will accept service of process from the person who filed the original DMCA Notice or their agent.

• Upon receipt of a valid Counter-Notification, Nutriswell may restore the content within 10–14 business days, unless the copyright owner notifies us that they have filed a court action seeking to restrain the user from engaging in infringing activity.

1. Repeat Infringers

• Consistent with the DMCA and 17 U.S.C. § 512(i), Nutriswell will terminate access privileges of users who are determined to be repeat infringers in appropriate circumstances.

1. No Liability for User Content

• Nutriswell is not responsible or liable for any User Content posted by users, nor does it endorse any opinions expressed in User Content. You agree that you bear all risks associated with your User Content.

 

Third-Party Links and Resources

The Site may contain links to third-party websites or resources. Nutriswell is not responsible for the content, accuracy, or privacy practices of those third parties.

Links are provided solely for convenience and do not imply endorsement.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict-of-law rules.

Any dispute arising out of or relating to these Terms or the Site shall be resolved exclusively in the state or federal courts located in Hudson County, New Jersey.

You agree to submit to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.

 

Changes to These Terms

Nutriswell may modify these Terms at any time by posting an updated version on the Site.

Material changes will be indicated by an updated “Last Updated” date or through direct notice where legally required.

Your continued use of the Site after such posting constitutes your acceptance of the revised Terms.

 

Miscellaneous

1. Entire Agreement: These Terms, together with the Privacy Policy and any separate program agreements, constitute the entire agreement between you and Nutriswell.

2. Severability: If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force.

3. No Waiver: Failure to enforce any right or provision shall not constitute a waiver.

4. Assignment: You may not assign your rights or obligations without prior written consent from Nutriswell.

 

Contact Us

For questions about these Terms or any Nutriswell service, contact:

Nutriswell (Holisticated, LLC)

Guttenberg, New Jersey 07093

📞 551-257-4042

✉️ hello@nutriswell.com

🌐 www.nutriswell.com