Terms of Use

Welcome to The Plant-Powered Kidneys Education Center (“Website”). This Terms of Use Agreement (“Agreement”) sets forth the agreement between Plant-Powered Kidneys Inc. (collectively, “Plant-Powered Kidneys Inc.” or “we”) and each participant (“you” or “participant”) governing the use by you of this Website. Please read this Agreement carefully before using this Website. By using this Website, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use this Website. These Terms may change from time to time. We will notify you of any material changes to these Terms changing the “Last Updated” date at the top of this page. We encourage you to check this page periodically for any changes. Your continued use of the Website following the posting of changes to these terms will mean you accept those changes. In addition, when using particular services or features or making purchases on the Website, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.

You should consult your physician or other health care professional before starting this or any other nutrition program to determine if it is right for your needs. Do not start this nutrition program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.

Disclaimer

This Website offers health, fitness, and nutritional information and is designed for educational purposes only. We will only act as a mentor or provider of support for the Website. You understand that this Website does not provide: 

You should not rely on this information as a substitute, nor does it replace professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional. Do not disregard, avoid or delay obtaining medical or health-related advice from your healthcare professional because of something you may have read on this Website. The use of any information provided on this Plant-Powered Kidneys Website is solely at your own risk.

Developments in medical research may impact the health, fitness, and nutritional advice that appears here. No assurance can be given that the advice contained in this Website will always include the most recent findings or developments with respect to the particular material. We are not responsible for any errors found in the Website information. 

The meal plans, recipes, and nutrition information provided on the Website are provided for personal and informational purposes only. The meal plans and nutrition information contained in supporting resources (handouts, guides, blog posts, newsletters, social media posts, etc.) are not to be construed as an attempt to either prescribe or practice medicine. Neither are the meal plans or nutrition information intended to be understood as putting forth any cure for any type of acute or chronic health problem. You should always consult with a competent, fully licensed medical professional when making any decisions regarding your health. We use reasonable efforts to include up-to-date and accurate information in this website and the products contained therein, but make no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. 

The recipes provided on the Website contain ingredients that may cause an allergic reaction in some individuals. These recipes are suggestions only. Do not make a recipe that contains ingredients that you are allergic to. If you are unsure about potential allergic reactions please consult your family physician. If you would like advice on how to replace certain ingredients feel free to email [email protected].

If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.

Course Access

Access to the Plant-Powered Kidneys 6-week online course is available to students for 90 days from the date of purchase. The expiration date can be found under Account Settings (in Order History). All course material and content must be viewed or downloaded prior to this expiration date. Course extensions are not granted. To view the content, students must enroll on future course dates.

Refund Policy

Your satisfaction with our course(s) is very important to us. Yet, because of the extensive time, effort, preparation, and care that goes into creating and providing our Courses, Products, Services and Materials, our policy is to grant refunds upon written request within 14 days of purchase. We offer a full money-back guarantee within the first 14 days of the date of purchase, no questions asked. Refunds must be submitted via email to [email protected] and include the student's name and email address.

 

If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email us at support@plantpoweredkidneys.com.

 

License for use of Website Materials

You acknowledge that all materials on the Website, including the Website's design, graphics, text, sounds, pictures, software, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Plant-Powered Kidneys Inc. or its licensors, and are subject to and protected by the United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Website, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Plant-Powered Kidneys Inc. or the respective copyright owner. Plant-Powered Kidneys Inc. authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes.

Third-party Websites

Links on the Website to third-party websites are provided only as a convenience to you. If you use these links, you will leave the Website. Plant-Powered Kidneys Inc. does not control or endorse any such third-party websites. You agree that Plant-Powered Kidneys Inc. will not be responsible or liable for any content, goods, or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.

Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of the Website, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Plant-Powered Kidneys Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

Website Access

You are required to establish an account to access the Website. If you provide information on to access the Website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the enrollment forms, and (b) maintain and promptly update such information to keep it true, accurate, current and complete to the extent the Website facilitates such updates. If you provide any information that is false, inaccurate, outdated or incomplete, or Plant-Powered Kidneys Inc. has reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, Plant-Powered Kidneys Inc. has the right to suspend or terminate your account and prohibit any and all current or future use of the Website (or any portion thereof) by you. You will create a username using a valid email address and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Plant-Powered Kidneys Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Website, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Plant-Powered Kidneys Inc. Plant-Powered Kidneys Inc. Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You agree to use this Website only for lawful purposes, and that you are responsible for your use of and communications on the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other participant’s use and enjoyment of the Website. You further agree that you will not access this Website by any means except through the interface provided by Plant-Powered Kidneys Inc. for access to the Website. Creating or maintaining any link from another website to any page on this Website without the prior written authorization of Plant-Powered Kidneys Inc. is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without the prior written authorization of Plant-Powered Kidneys Inc. is prohibited. Any permitted links to this Website must comply with all applicable laws, rules, and regulations. Plant-Powered Kidneys Inc. makes no representation that Materials contained on the Website or products described or offered on the Website are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Website and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Website from any territory where its contents are illegal and that you, and not Plant-Powered Kidneys Inc. Parties, are responsible for compliance with applicable local laws.

Term & Termination

This Agreement is effective until the Website is completed or terminated by either you or Plant-Powered Kidneys Inc. You may terminate this Agreement at any time, provided that you discontinue any further use of this Website; however, refunds are only available per the refund policy above. Plant-Powered Kidneys Inc. also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Website, if in Plant-Powered Kidneys Inc.’s sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another participant or Plant-Powered Kidneys Inc. Parties. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the terms of use or otherwise. Plant-Powered Kidneys Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that Plant-Powered Kidneys Inc. Parties shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website. You agree that Plant-Powered Kidneys Inc. may terminate or suspend your access to all or part of this Website, without notice, for any conduct that Plant-Powered Kidneys Inc., in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another participant or Plant-Powered Kidneys Inc. Parties.

Disclaimer of Warranties; Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “PLANT-POWERED KIDNEYS INC. PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, PLANT-POWERED KIDNEYS INC. MAKE NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLANT-POWERED KIDNEYS INC. PARTIES OR ON OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND/OR SUPPLIERS IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PLANT-POWERED KIDNEYS INC. PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PLANT-POWERED KIDNEYS INC. PARTIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND NON- COMPLIANCE WITH ANY PRINTED DIRECTIONS. PLANT-POWERED KIDNEYS INC. PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS WEBSITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PLANT-POWERED KIDNEYS INC. AND YOU. THE PRODUCTS, INFORMATION, AND SERVICES OFFERED ON AND THROUGH THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE PLANT-POWERED KIDNEYS INC.  PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION, OR SERVICE PURCHASED BY YOU FROM PURPOSE NUTRITION ON THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNITY

You agree to defend, indemnify and hold Plant-Powered Kidneys Inc., 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 we suffer 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 Kentucky. 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 Hardin County, Kentucky. 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 our prior written consent; however, the Terms of Use may be assigned by us at our sole discretion.

The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by us.

All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] for us and to your email address.