Welcome to Victorem Performance Nutrition. These Terms & Conditions (the “Terms”) are an agreement between you and Victorem LLC, doing business as Victorem Performance Nutrition (“Victorem,” “we,” “us,” or “our”), and govern your use of our public website at victorem.com (the “Website”) and our client application at app.victorem.com (the “Client Portal”) — together, the “Online Services.”
By using the Online Services you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, please do not use the Online Services.
If you become a client, your engagement with the practice is governed by the client agreements you sign (such as a consultation agreement and consent forms). If those agreements conflict with these Terms, the client agreements control for the services they cover.
1. Not Medical Advice
The information published on the Website — including articles, guides, and resources — is for educational and informational purposes only. It is not medical or nutrition advice for your individual situation, and reading it does not create a dietitian–client or any other professional relationship. Do not use Website content as a substitute for individualized advice from a qualified professional who knows your circumstances, and do not disregard professional advice because of something you read here. If you are experiencing a medical emergency, call 911.
A professional relationship with the practice is formed only when you and the practice enter into a client engagement through our intake process, including signing the applicable client agreements.
2. Services and Where We Practice
Nutrition services are provided by licensed registered dietitians via telehealth to clients located in states where we are licensed or otherwise permitted to practice, currently including Texas and Illinois, and in person at locations in Texas. Submitting an application or inquiry through the Website does not obligate us to accept you as a client, and does not itself create a client relationship. Discovery calls are informational and are not a nutrition consultation.
3. Eligibility and Minors
You must be at least 13 years old to use the Website and at least 18 (or the age of majority where you live) to submit an application, enter into an engagement with the practice, or hold a Client Portal account, except that a parent or legal guardian may do these things on behalf of a minor. If you are a parent or guardian applying for a youth athlete, you are responsible for the information you submit and for the minor’s permitted use of the Online Services.
4. Client Portal Accounts
Client Portal accounts are created by invitation for clients of the practice. You agree to provide accurate information, keep your sign-in credentials confidential, not share your account with anyone else, and tell us promptly if you suspect unauthorized use. You are responsible for activity under your account. We may suspend or close an account to protect the security of the Online Services or client information.
5. Payments
Fees for services are described in your client agreement or invoice. Payments made through the Online Services are processed by Stripe, our payment processor; we do not store your card details. Amounts owed, refunds, and cancellation terms are governed by your client agreement. You are responsible for charges incurred under your account.
6. Our Content
The Online Services and their content — text, graphics, logos, images, video, audio, and software — are owned by Victorem or its licensors and are protected by copyright, trademark, and other intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to view, download, and print content from the Website for your personal, non-commercial use. You may not otherwise copy, reproduce, republish, sell, or create derivative works from our content, or use our name, logos, or trademarks, without our prior written consent. Linking to our Website is welcome so long as the link is not misleading or disparaging and does not imply our endorsement.
7. Your Submissions
When you submit information through the Online Services — applications, forms, messages, or other material — you give us permission to use it to review and respond to you, provide and administer our services, and operate the practice. We do not claim ownership of your submissions, and we will not use your application details, health information, or the content of your communications with the practice for marketing or publicity without your separate written permission (testimonials are used only with a signed release). Health information you provide is handled as described in our Privacy Policy and, for clients, our Notice of Privacy Practices.
If you send us general feedback, ideas, or suggestions about the Online Services themselves, we may use them to improve our services without restriction or compensation.
8. Acceptable Use
You agree to use the Online Services only for lawful purposes, and not to:
- attempt to gain unauthorized access to any account, system, or data, or interfere with or disrupt the Online Services;
- transmit malware or other harmful code;
- impersonate any person, misrepresent your identity, or provide information you know is false;
- harvest or scrape content or data, including by automated means;
- send unsolicited advertising through the Online Services; or
- use the Online Services to harass, abuse, or harm anyone, or to infringe anyone’s rights.
9. Third-Party Links and Affiliate Disclosure
The Online Services may link to third-party websites, products, or services. We do not control them and are not responsible for their content, policies, or practices; your use of them is at your own risk. From time to time we may recommend products or services from partners whose philosophy aligns with ours, and some of those recommendations may compensate us (for example, affiliate links). A recommendation is not a guarantee — use your own judgment, and note that compensated relationships are disclosed where they appear.
10. Testimonials and Results
Testimonials and success stories on the Website reflect the real experiences of actual clients, shared with their permission. They are individual results and are not a promise or guarantee that you will achieve the same outcome.
11. Disclaimers
THE ONLINE SERVICES AND THEIR CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT WEBSITE CONTENT IS COMPLETE, ACCURATE, OR CURRENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION LIMITS THE PROFESSIONAL OBLIGATIONS WE OWE CLIENTS UNDER THEIR CLIENT AGREEMENTS OR APPLICABLE LAW.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, VICTOREM AND ITS OWNERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE ONLINE SERVICES, AND OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS YOU PAID US FOR SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE. THIS SECTION DOES NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, AND DOES NOT APPLY TO CLAIMS GOVERNED BY A CLIENT AGREEMENT TO THE EXTENT THAT AGREEMENT PROVIDES OTHERWISE.
13. Indemnification
You agree to defend, indemnify, and hold harmless Victorem and its owners, employees, and contractors from claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms, your violation of any law or third-party right, or your misuse of the Online Services.
14. Dispute Resolution and Arbitration
Please read this section carefully — it affects your rights.
Informal resolution first. Before starting any formal proceeding, you and we agree to try to resolve any dispute informally: send us a written description of the dispute using the contact details below, and we will do the same to you, and both sides will attempt in good faith to resolve it within thirty (30) days.
Binding arbitration. If we cannot resolve the dispute informally, any dispute arising out of or relating to these Terms or the Online Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, held in Washington County, Texas (or, at your election, conducted remotely). Judgment on the award may be entered in any court of competent jurisdiction.
Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, or (b) seek injunctive or other equitable relief in court to protect intellectual-property rights or confidential information.
Class-action waiver. Disputes will be arbitrated only on an individual basis. Neither you nor we may participate in a class, collective, consolidated, or representative proceeding.
Opt-out. You may opt out of this arbitration provision by sending us written notice within thirty (30) days of first accepting these Terms, in which case disputes will be resolved in the courts identified in Section 17.
15. Termination
You may stop using the Online Services at any time; clients may end their engagement as provided in their client agreement. We may suspend or terminate your access to the Online Services if you materially breach these Terms and, where the breach can be cured, do not cure it within fourteen (14) days after we notify you, or immediately where the breach threatens the security of the Online Services, client information, or any person. Termination does not relieve you of amounts you owe. Sections that by their nature should survive (including Sections 6, 7, and 11–17) survive termination.
16. Changes to These Terms
We may revise these Terms from time to time. The “Last updated” date at the top of this page shows when they last changed, and material changes will be posted on this page before they take effect. Your continued use of the Online Services after changes take effect means you accept the revised Terms.
17. Governing Law and Venue
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to Section 14, you and we consent to the exclusive jurisdiction of the state and federal courts serving Washington County, Texas.
18. Copyright Complaints
We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. If you believe content on the Online Services infringes your copyright, send a notice containing the information required by 17 U.S.C. § 512(c)(3) — identification of the work and the allegedly infringing material, your contact information, a good-faith statement, a statement of accuracy under penalty of perjury, and your physical or electronic signature — to:
ATTN: DMCA Notice
Jena Brown, RD
Victorem LLC, dba Victorem Performance Nutrition
3450 Stuart Rd, Brenham, TX 77833
Please note that knowingly submitting a materially false notice may create liability.
19. General
Entire agreement. These Terms, the Privacy Policy, and (for clients) your client agreements are the entire agreement between you and us about the Online Services. Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the rest remains in effect. No waiver. Our failure to enforce a provision is not a waiver of it. Assignment. You may not assign these Terms without our written consent; we may assign them in connection with a sale or reorganization of the practice. Headings are for convenience only.
20. Contact Us
Questions about these Terms:
Victorem LLC, dba Victorem Performance Nutrition
3450 Stuart Rd, Brenham, TX 77833
Or reach us through the contact page on the Website.