Privacy Policy

The following terms (“Terms of Use”) constitute an agreement between Your Choice Nutrition (“YCN”) and you that governs your use of this Website and all of its associated services, content, and functionality.

Your use of this Website constitutes your acceptance of, and agreement to, the following Terms of Use. YCN 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.

PURCHASE POLICIES
On this Website, you may download digital products, such as courses and ebooks (“Products”).

Refund Policy
Refunds are not available for purchase of paid products.

PRIVACY POLICY

WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?

• Information You Voluntarily Submit to this Website: This Website may collect personal information from you such as your name or email address. For example, you may voluntarily submit information to this Website by leaving a comment, subscribing to a newsletter, or submitting a contact form.
• Information We Collect from Others: This 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: This Website automatically collects certain information about you and the device with which you access the Website. For example, when you use this Website, This Website will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed this Website. This Website may also collect information about actions you take when using this Website, such as links clicked.
• Cookies: This Website may log information using cookies, which are small data files stored on your browser by this Website. This 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 this Website.

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.

THIRD-PARTY USE OF PERSONAL 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 has used or 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
• MailChimp – this service is used for delivery of email updates, newsletters, promotions, and course communication. Mailerlite stores your name and email address 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.
• This Website may use other software to aid in processing and creation of contact forms, such as MailChimp. These service providers pass information directly to this Website and nothing is stored on a third-party server as a result.
• Acuity Scheduling – this service is used for scheduling appointments online.  Acuity scheduling may store your name, e-mail address and phone number (if provided) for scheduling appointments with YCN.
• Mediavine – this service runs advertisements on this website. As a third party vendor, Mediavine uses cookies to serve ads on this website.
• Amazon Affiliates LLC – this is an affiliate advertising program designed to provide a means for the Website to earn fees by linking to Amazon.com and affiliated sites. The Website earns a small profit from purchases made. The purchaser’s price is not affected by this commission.

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, YCN will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, YCN may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

ANONYMOUS DATA

From time to time, YCN 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

This 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 this 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, this 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.

Mediavine Programmatic Advertising (Ver 1.1)

The Website works with Mediavine to manage third-party interest-based advertising appearing on the Website. Mediavine serves content and advertisements when you visit the Website, which may use first and third-party cookies. A cookie is a small text file which is sent to your computer or mobile device (referred to in this policy as a “device”) by the web server so that a website can remember some information about your browsing activity on the Website.

First party cookies are created by the website that you are visiting. A third-party cookie is frequently used in behavioral advertising and analytics and is created by a domain other than the website you are visiting. Third-party cookies, tags, pixels, beacons and other similar technologies (collectively, “Tags”) may be placed on the Website to monitor interaction with advertising content and to target and optimize advertising. Each internet browser has functionality so that you can block both first and third-party cookies and clear your browser’s cache. The “help” feature of the menu bar on most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies, how to disable existing cookies and how to clear your browser’s cache. For more information about cookies and how to disable them, you can consult the information at All About Cookies.

Without cookies you may not be able to take full advantage of the Website content and features. Please note that rejecting cookies does not mean that you will no longer see ads when you visit our Site. In the event you opt-out, you will still see non-personalized advertisements on the Website.

The Website collects the following data using a cookie when serving personalized ads:

• IP Address
• Operating System type
• Operating System version
• Device Type
• Language of the website
• Web browser type
• Email (in hashed form)

Mediavine Partners (companies listed below with whom Mediavine shares data) may also use this data to link to other end user information the partner has independently collected to deliver targeted advertisements. Mediavine Partners may also separately collect data about end users from other sources, such as advertising IDs or pixels, and link that data to data collected from Mediavine publishers in order to provide interest-based advertising across your online experience, including devices, browsers and apps. This data includes usage data, cookie information, device information, information about interactions between users and advertisements and websites, geolocation data, traffic data, and information about a visitor’s referral source to a particular website. Mediavine Partners may also create unique IDs to create audience segments, which are used to provide targeted advertising.

If you would like more information about this practice and to know your choices to opt-in or opt-out of this data collection, please visit National Advertising Initiative opt out page. You may also visit Digital Advertising Alliance website and Network Advertising Initiative website to learn more information about interest-based advertising. You may download the AppChoices app at Digital Advertising Alliance’s AppChoices app to opt out in connection with mobile apps, or use the platform controls on your mobile device to opt out.

For specific information about Mediavine Partners, the data each collects and their data collection and privacy policies, please visit Mediavine Partners.

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
This 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.

YCN is a participant in SkimLinks and Amazon Affiliates LLC, affiliate advertising programs designed to provide a means for sites to earn advertising fees by advertising and links to various websites.  As part of these programs, the Website will post customized links, provided by SkimLinks and Amazon Affiliates, to track the referrals to various website. These programs utilizes cookies to track visits for the purposes of assigning commission on these sales.

Newsletters
On this 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, YCN may see if and when you open an email and which links within the email you click. Also, this allows YCN 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 brittany@yourchoicenutrition.com to be removed from our mailing list.

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

Amend – You may contact us at brittany@yourchoicenutrition.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 brittany@yourchoicenutrition.com.

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

SENSITIVE PERSONAL INFORMATION

At no time should you submit sensitive personal information to this Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, 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.

CHILDREN’S INFORMATION

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

AFFILIATE MARKETING

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

YCN is a participant in SkimLinks and Amazon Affiliates LLC, affiliate advertising programs designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.com and various websites.

FTC DISCLOSURE

From time to time, this 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 YCN 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, YCN 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

YCN has made every effort to ensure that all information on this Website have been tested for accuracy. YCN makes no guarantees regarding the results that you will see from using the information provided on this Website.  The information contained on this website is for educational purposes only and is not a substitute for medical care.

This Website disclaims 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 Website. This Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on this Website.

YOUR RESPONSIBILITY

This Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on this Website. YCN makes no representations, warranties or guarantees. YCN assumes no responsibility for errors or omissions that may appear in this Website.

USE OF THIS WEBSITE

Unless otherwise stated, YCN owns the intellectual property and rights to all content and material on this Website. 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 this Website, unless content is specifically and expressly made available for republication;
• Sale, rental or sub-license of any content from this Website;
• Reproduction or duplication of any content on this Website for commercial purposes;
• Modification of any content on this Website, unless content is specifically and expressly made available for modification;
• Redistribution of content of this Website, 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 this Website is included.

From time to time, this Website 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 YCN’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to YCN.

You must not use this Website in a way that causes, or may cause, damage to this Website or impair the availability of access to this Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use this Website 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 this Website without YCN’s express written permission.

You must not use this Website to transmit or send any unsolicited commercial communications.

You must not use this Website for any third-party marketing without YCN’s express written permission.

COPYRIGHT

Unless otherwise noted, the design, content and all components of this Website are copyrights owned by YCN 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 YCN a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to this Website. 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 YCN the right to sub-license these rights and the right to bring an action for infringement of these rights.

LICENSE FOR USE OF DIGITAL PRODUCTS

All products available for sale on this Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.

CONTENT CONTRIBUTED TO THIS WEBSITE

Any content you contribute to this Website, 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 YCN or a third party.

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

Notwithstanding YCN’s rights under the Terms of Use, YCN does not undertake to monitor the submission of all content to, or the publication of such content on, this Website.

TAKEDOWN REQUESTS

From time to time, this Website 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 this Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to brittany@yourchoicenutrition.com and we will remove the image within 24 to 48 hours.

COMMUNICATION

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

THIRD PARTIES

This Website contain links to third-party websites that are not governed or controlled by YCN. 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 this Website. YCN assumes no control or liability over the content of any third-party sites. You expressly hold harmless YCN 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 this Website, 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 this Website, you expressly hold YCN harmless from any and all liability in any dispute.

NO WARRANTIES

This Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. YCN makes no representations or warranties in relation to this Website or the information and materials provided therein.

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

LIMITATION OF LIABILITY

YCN 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 YCN, 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 YCN 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 Utah. 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 Tooele County, Utah. 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 YCN’s prior written consent, however, the Terms of Use may be assigned by YCN in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to this Website offered by YCN. If you do not agree with or do not accept any part of these Terms of Use, you must not use this Website.

All notices with respect to the Terms of Use must be in writing and may be via email to brittany@yourchoicenutrition.com for YCN and to your email address.

Policies updated: May 16, 2022