Please read these terms and conditions carefully before using Our Service. These Terms govern your use of Brand NUE and the products, features, apps, services, technologies and software we offer. Please read these terms in their entirety for the complete picture of your legal requirements. By using this app or any Brand NUE services, you are agreeing to these terms. Be sure to occasionally check back for updates.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any electronic device, named Brand NUE
  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Ohio, United States
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Nuesse Health Services, 9500 Kenwood Road, Suite 3, Cincinnati, OH 45242.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Application.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Template.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Prohibited Uses

We want people to use this app to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described as follows or to facilitate or support others in doing so:

  • You may not use our Products and Platform to do or share anything:
    • You may not use our Products and Platform to do or share anything:
    • That is unlawful, misleading, discriminatory or frau
    • That infringes or violates someone else’s rights.
  • You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
  • You may not access or collect data from our Products and Platform using automated means (without prior permission) or attempt to access data you do not have permission to access.
  • You cannot impersonate or provide inaccurate information.
  • You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
  • You can’t violate (or help or encourage others to violate) these Terms or policies.
  • You can’t do anything to interfere with or impair the intended operation of this Products, Platform or our Services.
  • You can’t attempt to create accounts or access or collection information in unauthorized ways.

Billing & Cancellation/Refund Policy

You may purchase a Paid Subscription directly from Brand NUE/Nuesse Health Services or through a third-party either by (1) paying a subscription fee in advance monthly or some other recurring interval disclosed to you prior to your purchases; or (2) pre-payment giving you access to services for a specific time period (“Program Purchase”).

Brand NUE/Nuesse Health Services may change the price for the Paid subscriptions, including recurring subscription fees, the Program Purchase, or Codes, from time to time and will communicate any pricing changes to you in advance, and if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept he new price by continuing to use the service after the price change takes effect. If you do not agree with the price change, you have the right to reject the change by unsubscribing form the Paid Subscription prior to the price change going into effect.

  • If you sign up for a Trial, you agree that the Cooling-Off Period for the Paid Subscription for which you are receiving a Trial ends seven (7) days after the start of the Trial. If you don’t cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorize Brand NUE/Nuesse Health Services to automatically charge you the agreed price each moth until you cancel the Paid subscription.
  • If you purchase a Paid Subscription with no Trial, you authorize Brand NUE/Nuesse Health Services to charge you automatically each month until you cancel. You agree that the Cooling-Off Period is available for seven (7) days after you purchase but is lost once you use the Brand NUE/Nuesse Health Services during that period.

Cancellation and refund policies differ according to the payment term.

If you purchased your subscription through a third party, please refer to any terms and conditions provided to you in connection with purchase.

Monthly Subscriptions

When cancelling a monthly subscription, all future charges associated with future months of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current monthly billing period. You will not receive a refund; however, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly billing period.

Annual Subscriptions

When cancelling an annual subscription, all future charges associated with future years of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current annual billing period. You will not receive a refund, prorated or otherwise, for the remainder of the annual term. However, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current annual billing period.

In order to change or cancel your subscription please contact us using the information provided at the end of these Terms and Conditions.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Additionally, you understand that usage of this app and the app as a whole is not intended to treat you or anyone else’s particular medical conditions, the program does not offer medical advice, care, recommendations, or treatment, and further that the program’s staff and employees are not providing medical care. If you are currently being treated for a medical condition, please continue to coordinate care with your physician. You understand it is your responsibility to direct any medical questions to your doctor before starting the program and/or using the app and you represent, as a condition to the start or continuation of this program that you have or will continue seeking medical advice from your doctor during the program’s duration. If you are unwilling or unable to continue seeking medical advice from your doctor during the program’s duration, you promise to notify the program staff immediately. If you are working with a physician to control diabetes, I represent that I have informed him or her about the program, prior to the start of the program, as some clients quickly need less medication to control blood sugars as they begin a healthy diet. I further understand and acknowledge, for the reasons set forth above, that participation in this program shall not be considered consent or an agreement on the part of Matthew Nuesse D.C. C.M.E., or any of the other program’s employees or staff, to provide me with medical advice, care, recommendations, or treatment.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Limited License to Use

Subject to your compliance with these terms, Brand NUE grants you a limited, nonexclusive, nontransferable, non-sublicensable license to download and install a copy of the Apps on a mobile device and to run such copy of the Apps solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify or create derivative works based on the Apps; (b) distribute, transfer, sublicense, lease, lend, or rent the Apps to any third party; (c) reverse engineer, decompile, or disassemble the Apps; or (d) make the functionality of the Apps available to multiple users through any means. Brand NUE/Nuesse Health Services reserves all rights in and to the Apps not expressly granted to you under these Terms.

Copyright © Brand NUE/Nuesse Health Services. All rights reserved. Brand NUE and Nuesse Health Services and all logos, service marks, and all graphical elements, including the look and feel appearing in this App, Platform and Services are distinctive and protected trademarks or trade dress of Brand NUE/Nuesse Health Services. The online services may also contain various third-party names, trademarks and service marks that are property of their respective owners.

Posting Content

Brand Nue / Nuesse Health Services allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available \via this app/platform is referred to as “User Content”. You retain all rights in, and are solely responsible for, the User Content you upload and/or post. You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rule, and regulations. You should only provide Content that you are comfortable sharing with others.

You grant Brand NUE/Nuesse Health Services a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Brand NUE/Nuesse Health Services solely for the purposes of operating, developing, providing and using this app. Nothing in these Terms restricts other legal rights Brand NUE/Nuesse Health Services may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used, for any reason. This includes User Content we believe violates these Terms or any other policies.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. Failure to do so will result in you incurring any and all costs and fees associated to resolve the dispute.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Severability and Waiver

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the updated terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: info@newtownhealth.com

By phone number: 513.271.2500