INTERNET SITE USE AGREEMENT

Xcel Nutrition Therapy, Inc., a California corporation, doing business as eNutritionCare.com (the “Company”), is the sole owner of all information, data, images, text and other content (“Content”) displayed on this Internet site.  The Company expressly reserves all rights to such Content under all applicable laws and, subject to the due and proper completion of the registration herein and the payment in full of all required fees, hereby grants to the registrant a limited, nonexclusive, royalty free license to use the Content but solely for personal and noncommercial use and without authority to grant sublicenses, copy, take extracts from or modify the Content in any way.  Moreover, the license is automatically terminated upon any breach of the registrant of any payment or other obligation owed to the Company or upon any misuse of the Content or breach of this Agreement or any other published policy of Company or agreement between Company and the registrant.  Although the Company believes that the Content is reasonably accurate and current, the registrant’s use of such Content is conditioned upon registrant’s agreement that neither the Company nor any of its affiliates, subsidiaries, officers, directors, employees, agents, consultants or related persons shall have any liability to the registrant or any other person who may make Claims through the registrant.  The registrant hereby releases and discharges the Company and all of the foregoing persons from all claims, demands, damages, loss, cost, expense or liability whatsoever (collectively “Claims”) directly or indirectly relating to or arising from registrant’s access of the internet site and/or use of the Content.  In addition, and without limiting the foregoing, the registrant expressly agrees that access to Internet sites maintained by others, either through references by or links from the Company shall not create any liability on behalf of the Company.

The Company shall use its reasonable efforts to maintain in confidence personal information that the registrant provides.  The Company does not sell or lease personal information of its registrants or clients and shall not disclose such personal information except as contemplated by this Agreement, required by law or to the extent necessary to protect the Company from Claims that may be asserted against it, whether by the registrant or third parties.  Moreover, you are advised that the Company does not as a matter of policy request personal information such as your name, date of birth, social security number, or credit card information via email.  If you receive any email communication that appears to be from the Company seeking personal information, please advise the Company immediately via email at abuse@eNutritionCare.com or by facsimile: (714) 432-0390, or by mail: eNutritionCare.com 940 South Coast Drive, Suite 257, Costa Mesa, California, 92626.

The Company may use information, compilations and derivations which are not personal or would not reasonably be known to be the personal information of a specific registrant, including but not limited to information about heights and weights, physical conditions, exercise regimens, eating habits and/or health/medical histories (all of which may be used without reference to a specific registrant’s name without the registrant’s prior consent) but only for research, analysis or statistical purposes.  In addition, the Company shall have the unrestricted right and license to use comments, quotations, testimonials and other statements or images of a registrant, whether on the Company’s internet site or otherwise.

All information you send to us must be accurate, truthful and not violate the rights of any third party.  Each registrant represents and warrants the truth and accuracy of all data and information provided by the registrant and, further, that the registrant has the full right and authority to convey the same for use under the terms of this Agreement.  Further, the registrant shall indemnify, defend and hold the Company harmless from all Claims arising from any breach of the foregoing representation and warranty.

RETURN/REFUND POLICY

A member can request a refund at anytime for unused services, however, just like in a doctor's office, there is no refund after the services have been delivered. All product sales are final. Products damaged in transit are the responsibility of the carrier. eNutritionCare will refund or replace products that it deems to be defective, at its sole discretion. Please ship defective products to: eNutritionCare.com, 940 South Coast Drive, Costa Mesa, CA 92626. Include a note explaining why you believe the product to be defective, how we can contact you if we have questions, and your shipping information.