Terms + Conditions

Terms and Conditions

The following terms (“Terms of Use”) constitute an agreement between Nora Shank and you, the Client, that governs your use of this website and all of its associated services, content, and functionality.


Your use of the Websites constitutes your acceptance of, and agreement to, the following Terms of Use. Nora Shank reserves the right to modify, alter, amend or update its website, policies and these Terms of Use. These Terms of Use are subject to change without notice.

 

If you do not agree with or do not accept any part of these Terms of Use, you must not use the website.

 

Services

  • Nutrition Services which include (but are not limited to) the following: customized health and wellness advice according to the Client’s stated needs, goals and limitations.  Meetings will take place in person, online or by phone, as mutually agreed upon by Nora Shank and the client. 

  • Online programs which include (but are not limited to) the following: a six (6) week educational program designed to assist you to define and achieve customized health and nutrition goals, as appropriate to an individual client. The program content will be delivered as follows (a combination of): via email, on-line through the program website, self-study materials, and coaching videos and/or calls.

 

Purchase Policy

On the Website, you may purchase Nutrition Services or Programs (“Services”).By placing your order with Nora Shank by clicking “pay/buy/purchase/order now,” or by using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the website and discontinue use of the Services immediately.

 

Payment Policy

Nutrition service rates are based on $150 per half hour (30 minutes). Invoices are given and paid through Paypal or Kartra. Payment is required within 24 hours of scheduled appointment. All persons are eligible for a 20-minute personal consultation (“Discovery Call”) free of charge.

Please note, Nora Shank is not a provider with any insurance policies or programs at this time, therefore full payment is required at time of service; a superbill with nutrition services may be provided, however Nora Shank does not guarantee any reimbursement from insurance providers. 

We will make uses and disclosures of your protected health information as necessary for payment purposes. During the normal course of business operations, we may forward information regarding your medical procedures and treatment to your insurance company regarding the services provided to you. We may also use your information to prepare a bill to send to you or to the person responsible for your payment.

 

Cancellation and Refund Policy

Cancellation is required to take place at least 24 hours in advance of the purchased services in order to receive a full refund. If a scheduled appointment for nutrition services is missed, a fee of $50 will be due within 24 hours and/or before next service is rendered.

 

For Online Programs, you may be refunded up to 14 days after date of purchase, if you provide sufficient proof, through written materials, completed the course work and results. If you are not satisfied with the program within the 14 day period, you may email contact@norashank.com with the subject line “REFUND”. Nora Shank reserves the right, at her sole discretion, to grant or deny requested refunds.

 

In the event Nora Shank cancels Services, payments will be refunded in full or the appointment will be rescheduled. Nora Shank holds the right to terminate a contract with any Client/Student that violates these terms and conditions. Special circumstances will be taken into consideration.

Services must be completed within timeframe purchased.

 

Privacy Policy

What information do we collect and how is it used?

    •    Information You Voluntarily Submit to the Website: The Website may collect personal information from you such as your name or email address. For example, you may voluntarily submit information to the Website by leaving a comment, subscribing to a newsletter, or submitting a contact form.

    •    Information We Collect from Others: The Website may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment.

    •    Automatically-Collected Information: The Website automatically collects certain information about you and the device with which you access the Website. For example, when you use the Website, The Website will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. The Website may also collect information about actions you take when using the Website, such as links clicked.

    •    Cookies: The Website may log information using cookies, which are small data files stored on your browser by the Website. The Website may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.

   •      Protected health information ("PHI"): Nora Shank will collect health information of patients as necessary to carry out treatment, payment, and health care operations as permitted by law under the Federal Health Insurance Portability and Accountability Act (“HIPAA”). Except as outlined below, we will not use or disclose your PHI for any purpose other than treatment, payment or health care operations unless you have signed a form authorizing such use. You have the right to revoke such authorization in writing, with such revocation being effective once we actually receive the writing.

 

How Your Information May Be Used

The Website may use the information collected in the following ways:

    •    To operate and maintain the Website;

    •    To send you promotional information, such as but not limited to newsletters, promotions, announcements.. Each email promotion will provide information on how to opt-out of future mailings;

    •    To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;

    •    To respond to your comments or inquiries;

    •    To provide you with user support;

    •    To track and measure advertising on the Website; or,

    •    To protect, investigate, and deter against unauthorized or illegal activity or other reasonable business purposes.

 

Third-Party Use of Information

The Website may share your information with third parties when you explicitly authorize us to share your information. Additionally, the Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:

    •    Google Analytics – this service tracks Website usage and provides information such as referring websites and user actions on the Website. Google Analytics may capture your IP address, but no other personal information is captured by Google Analytics. This Website has anonymized the collection of IP addresses through Google Analytics

    •    Kartra – this service is used for delivery of email updates, newsletters, promotions, and course communication. Kartra stores your name, address, email address, IP address and location. You may automatically receive certain correspondence from us related to your order or for purposes of delivering such communications.

    •    Paypal – this service is used for payment processing on ecommerce products. At no time is your banking information passed to the Website. We receive only information used for order fulfillment and reporting.

    •    Stripe – this service is used for payment processing on ecommerce products. At no time is your banking information passed to the Website. We receive only information used for order fulfillment and reporting.

    •    The Website may use other software to aid in processing and creation of contact forms, such as Kartra. These service providers pass information directly to the Website and nothing is stored on a third-party server as a result.

At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in the Website’s sole discretion.

Except when required by law, Nora Shank will not sell, distribute, or reveal your email addresses or other personal information without your consent.

 

Anonymous Data

From time to time, Nora Shank may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.

 

Cookies

The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads (if being used), customize content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described herein.

Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable.

 

Advertising

Retargeting Ads
From time to time, the Website may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone’s past visits to the Website.

Sponsored Content Tracking Pixels
This Website may engage in sponsored campaigns with various influencer networks, brands, and agencies. All sponsored content is duly disclosed in accordance with the FTC’s requirements. From time to time, these sponsored campaigns utilize tracking pixels (aka web beacons), which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. As stated above, these pixels may capture your IP address on behalf of the content sponsor. No personally identifiable information collected by the Website is used in conjunction with these tracking pixels.

 

Affiliate Program Participation
The Website may engage in affiliate marketing, which is done by embedding tracking links into the Website. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.

 

Newsletters

On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, Nora Shank may see if and when you open an email and which links within the email you click. Also, this allows Nora Shank to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.

 

Rights Related To Your Personal Information

Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also notify us at contact@norashank.com to be removed from our mailing list.

Access – You may access the personal information we have about you by submitting a request to contact@norashank.com.

Amend – You may contact us at contact@norashank.com to amend or update your personal information.

Forget – In certain situations, you may request that we erase or forget your personal data. To do so, please submit a request to contact@norashank.com.

Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law.

 

Personal Information

At no time should you submit sensitive personal information to the Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, protected health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.

 

Access to Your Protected Health Information: You have the right to copy and/or inspect much of the protected health information that we retain on your behalf. For protected health information that we maintain in any electronic designated record set, you may request a copy of such health information in a reasonable electronic format,

 

Children’s Information

The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at contact@norashank.com and we will use our best efforts to promptly remove such information from our records.

 

Affiliate Marketing

From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Websites will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

 

FTC Disclosure

From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Nora Shank to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Websites are clearly and conspicuously disclosed.

Even though compensation (e.g., cash, free product, or services) is received for in exchange for this sponsored content placement, Nora Shank gives its honest opinion, findings, believes, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

 

General Disclaimer

Nora Shank has made every effort to ensure that all information on the Websites have been tested for accuracy. Nora Shank makes no guarantees regarding the results that you will see from using the information provided on the Websites.

 

All information on this website are provided by Registered Dietitian, Nora Shank, or dietetic student interns under their supervision.

 

You understand that Registered Dietitians/Registered Dietitian Nutritionists are providing the services. You understand that these services are provided without a health examination and without prior discussion of your health condition. You understand that in no way will Online Programs or Services provide medical advice, and that no medical advice is contained within this site or the services provided. This Website does not claim to cure, prevent, diagnose, or treat any nutrition-related disease or health condition. Always consult a qualified healthcare professional before changing your diet or medications or beginning any exercise routine. 

 

Any statements made on the Websites related to weight loss or earnings potential, regardless of medium, are examples of what may be possible in the future. Nora Shank makes no guarantees regarding results, present or future. Nora Shank is not responsible for your results as a result of your use of the information provided on the Websites.

 

The Websites disclaim liability for incidental or consequential damages and assume no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Websites. The Websites assume or undertake no liability for any loss or damage suffered as a result of the use of any information found on the Websites.

 

Your Responsibility

The Websites were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Websites. Nora Shank makes no representations, warranties or guarantees. You understand that results may vary from person to person. Nora Shank assumes no responsibility for errors or omissions that may appear in the Websites.

 

Use of The Websites

Unless otherwise stated, Nora Shank owns the intellectual property and rights to all content and material on the Websites. Subject to the license below, all intellectual property rights are reserved.

 

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

    •    Republication of content from the Websites, unless content is specifically and expressly made available for republication;

    •    Sale, rental or sub-license of any content from the Websites;

    •    Reproduction or duplication of any content on the Websites for commercial purposes;

    •    Modification of any content on the Websites, unless content is specifically and expressly made available for modification;

    •    Redistribution of content of the Websites, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Websites is included.

 

From time to time, the Websites will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Nora Shank’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Nora Shank.

You must not use the Websites in a way that causes, or may cause, damage to the Websites or impair the availability of access to the Websites. You must not decompile, reverse engineer, disassemble or otherwise reduce the Websites, except to the extent that such activity is expressly permitted by applicable law. You must not use the Websites to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Websites without Nora Shank’s express written permission.

You must not use the Websites to transmit or send any unsolicited commercial communications.

You must not use the Websites for any third-party marketing without Nora Shank’s express written permission.

 

Copyright

Unless otherwise noted, the design, content and all components of the Websites are copyrights owned by Nora Shank or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

 

Grant of Rights

You grant Nora Shank a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Websites. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Nora Shank the right to sub-license these rights and the right to bring an action for infringement of these rights.

 

Content Contributed to the Websites

Any content you contribute to the Websites, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Nora Shank or a third party.

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are sixteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Nora Shank from their creation. Thus, Nora Shank shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Nora Shank determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Nora Shank all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge thatNora Shank reserves the right to edit or remove: (i) any material submitted to the Websites; (ii) stored on Nora Shank’s servers; or, (iii) hosted or published on the Websites. Nora Shank takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Nora Shank’s rights under the Terms of Use, Nora Shank does not undertake to monitor the submission of all content to, or the publication of such content on, the Websites.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

 

Takedown Requests

From time to time, the Websites will publish posts with images from other third-party websites. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Websites in a way that constitutes copyright infringement and falls outside of fair use, please send a request to contact@norashank.com and we will remove the image within 24 to 48 hours.

 

Communication

If you send Nora Shank an email, register to use the Websites or provide your email to Nora Shank in any other way, you consent to receive communications from Nora Shank electronically. You agree that all legal notices provided via electronic means from Nora Shank satisfy any requirement for written notice.

 

Third Parties

The Websites contain links to third-party websites that are not governed or controlled by Nora Shank. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Websites. Nora Shank assumes no control or liability over the content of any third-party sites. You expressly hold harmless Nora Shank from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Websites, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Websites, you expressly hold Nora Shank harmless from any and all liability in any dispute.

 

No Warranties

The Websites are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Nora Shank makes no representations or warranties in relation to the Websites or the information and materials provided therein.

Nora Shank makes no warranty the Websites will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Websites. Nora Shank is not responsible to you for the loss of any content or material uploaded or transmitted through the Websites. The Websites is written in English and makes no warranty regarding translation or interpretation of content in any language.

 

Limitation of Liabilities

NORA SHANK WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Indemnity

You agree to defend, indemnify and hold Nora Shank, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Nora Shank suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

 

Arbitration

The Terms of Use will be governed and construed in accordance with the laws of the State of Virginia. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Fairfax, Virginia. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

 

Miscellaneous Provisions

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without Nora Shank’s prior written consent, however, the Terms of Use may be assigned by Nora Shank in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Websites offered by Nora Shank.

All notices with respect to the Terms of Use must be in writing and may be via email to contact@norashank.com and to your email address.

 

Policies updated: June 6, 2019

  • Grey Facebook Icon
  • Grey Pinterest Icon
  • Grey Instagram Icon

©2020 Nora Shank, Virginia | United States