Terms & Conditions

Please read these Terms & Conditions carefully before using this Website. By using the Website or by accepting the Terms & Conditions (when this option is made available to you) you agree to be bound and abide by these Terms & Conditions, my Disclaimers (here) and my Privacy Policy (here). If you do not want to agree to these Terms & Conditions, including the agreements incorporated by reference herein, you must not access or use the Website.

The following Terms & Conditions are entered in force by and between You and Aurelija Cincikaite (hereby “I”, “me” or “Aurelia Nutrition”). These Terms & Conditions, together with any documents they expressly incorporate by reference (collectively, “Terms & Conditions”), govern your access to and use of www.aurelianutrition.com, including any content, functionality and services offered on or through aurelianutrition.com (hereby “Website”). This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Aurelija Cincikaite and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Privacy

Your use of the Website is also subject to the Privacy Policy (here). Please review my Privacy Policy, which also governs the Website and informs users of my data collection practices.

Disclaimers

Your use of the Website is also subject to its Disclaimers (here), which inform users of various limitations regarding the information provided on the Website and by Aurelija Cincikaite. As outlined in the Disclaimers the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed medical, health, legal, financial, tax, or any other professional advice. If you have any medical conditions, take any medication or have any health concerns, it is important that you speak to your doctor and that you do that before you make any changes to your diet or start a new nutrition program. To protect your health and safety, you must inform me about any medical condition you have before we engage in any consultation.

Accessing the Website and Account Security

I reserve the right to withdraw or amend this Website and any service or material I provide on the Website at my sole discretion without notice. I will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, I may restrict access to some parts of the Website, or the entire Website, to its users. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information, such as an email address. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by my Privacy Policy, and you consent to all actions I take with respect to your information consistent with my Privacy Policy.

Prohibited Use and Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website solely for your personal purposes and strictly in accordance with these Terms & Conditions. As a condition of your use of the Website, you warrant to Aurelija Cincikaite that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. All content included as part of this Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Aurelija Cincikaite or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.

It is not allowed to resell Aurelija Cincikaite content. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express and written permission of Aurelija Cincikaite and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. I do not grant you any licenses, express or implied, to the intellectual property of Aurelia Nutrition or my licensors except as expressly authorized by these Terms & Conditions.

The “Aurelia Nutrition” name, brand, logo, slogans, and all related designs, products and services, are trademarks of Aurelija Cincikaite, its affiliates or licensors. You must not use such elements without the prior written permission of the Aurelija Cincikaite. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Accuracy and Personal Responsibility

I have done my best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but I cannot guarantee the accuracy of the information. I shall not be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation. By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.

Warranties Disclaimer

The site and all information contained herein are provided on an “as is” basis without any warranties of any kind. Aurelija Cincikaite makes no representations or warranties in relation to the Website or the information and materials provided therein. Aurelija Cincikaite makes no warranties regarding the courses, programs, information, materials, documents, products, or services included on or provided through this website. To the fullest extent permissible under the law, Aurelija Cincikaite disclaims all warranties, express or implied, with regard to the accuracy, reliability, completeness, quality, functionality, timeliness, speed, or accessibility of any information supplied within the site. Aurelija Cincikaite makes no warranty the 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 the Website. Aurelija Cincikaite is not responsible for any loss of content or material you uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.

Third Party Websites and Social Media

This Website may contain links to other websites on the Internet, and which are not maintained by Aurelija Cincikaite and are provided for your convenience only. When you leave this Website, you do so at your own risk. By providing a link to a third-party website, I am not endorsing or attempting to associate with any other entity. I have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to/from this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You acknowledge that Aurelija Cincikaite shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website. Some jurisdictions do not permit to exclude warranties as outlined in these Terms & Conditions. In such event, the exclusions apply to the fullest extent permitted by the applicable law in Aurelija Cincikaite’s country of residence (Swiss Federal Law).

Third Party Websites and Services

The Website may contain links to other websites (hereby "Linked Websites"). The Linked Websites are not under the control of Aurelija Cincikaite and I are not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. I am providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement Aurelija Cincikaite of the Website or any association with its operators. Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that Aurelija Cincikaite may share such information and data with any third party with whom Aurelija Cincikaite has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers. Please see the Privacy Policy on this website for further information.

Content Contributed to the Website

Any content you contribute to the 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 Aurelija Cincikaite, or a third party. This license extends to all known and future media. Aurelija Cincikaite reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Aurelia Nutrition servers; or, (iii) hosted or published on the Website. Aurelija Cincikaite takes no responsibility and assumes no liability for any content posted by you or any third party. Aurelija Cincikaite does not commit to monitor the submission of all content to the Website and does not commit to monitor the publication of such content on the Website.

Communications

Visiting the Website or sending emails to Aurelia Nutrition constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that I provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to “Aurelia Nutrition”. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in my Privacy Policy, I will take reasonable steps to ensure that any communications remain confidential, but I cannot guarantee the security of such communications and cannot guarantee that I would not be required to disclose such communications as a result of a court order.

Use of Provided Content

Aurelija Cincikaite provides various courses, programs, nutrition tips and associated material on this Website and via personal consultations. Aurelija Cincikaite grants you a limited, personal, non-exclusive, non-transferable license to use these courses, programs, nutrition tips and associated material (collectively the “Material”) for your own personal use. Except if authorized by Aurelija Cincikaite in written form, you acknowledge and agree that you have no right to modify, edit, copy, share, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Material provided to you in any manner. By accessing or purchasing Material, you agree that the Material you receive or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of Aurelija Cincikaite. By receiving, accessing or downloading my Material you also agree that you shall not create any derivative products or services based upon Material and you shall not offer any competing products or services based upon any information contained in my Material.

Guests and Collaborations

Aurelija Cincikaite may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. Aurelija Cincikaite does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests. Individuals who agree to appear as guests on any podcast offered by Aurelija Cincikaite agree to transfer all intellectual property rights they may have in any such interviews to the Aurelija Cincikaite and further provide a license to any rights they are unable to assign.

Liability Limitations

You agree to absolve Aurelija Cincikaite of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this Website. You agree that Aurelija Cincikaite shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this Website.The information, materials, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Aurelija Cincikaite and/or its suppliers may make improvements and/or changes in the Website at any time. Aurelija Cincikaite and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Aurelija Cincikaite and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Aurelija Cincikaite and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Aurelija Cincikaite or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, if you are dissatisfied with any portion of the Website, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue using the Website and Aurelia Nutrition’s services.

Force Majeure

You accept that I will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms & Conditions, for any failure or delay in my performance under these Terms & Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond my reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to my workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Dispute Resolution

I hope that in any situation where any differences or disputes might occur, I will be able to address them through in-person or email communication, and resolve these in a peaceful manner. However, should that not be possible, you now agree that the only method of legal dispute resolution that will be used is binding arbitration. Any dispute, controversy or claim arising out of, or in relation to, this agreement, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution (hereby “Rules”) in force on the date when the notice of Arbitration is submitted in accordance with these Rules.

The number of arbitrators shall be one.
The seat of the arbitration shall be in in Zurich, Switzerland.
The arbitral proceedings shall be conducted in English or Italian.
The arbitration shall be binding upon the parties and their successors in interest. Damages are limited to the amount paid for the Personal Consultations or Nutrition course, as applicable.

Prior to seeking arbitration, you must send an email to Aurelija Cincikaite at aurelia@aurelianutrition.com and include all of your reasons for dissatisfaction with my services. You now understand and agree that the only remedy that can be awarded to you through arbitration is full a refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. By purchasing my Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your email to Aurelija Cincikaite referenced above or you waive the right to seek dispute resolution by arbitration and/or to take any other legal action. By purchasing my Products or Services you also agree that this agreement shall be governed by and construed in accordance with the Federal law of Switzerland without giving effect to any principles or conflicts of law.

In the event of a dispute between yourself and Aurelija Cincikaite you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage Aurelija Cincikaite or any of my Products or Services. Where requested by law or arbitration you are not prohibited from sharing your thoughts and opinions as a part of the legal process. If any elements of these Terms and Conditions are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term, which shall be given full force and effect. The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in these Terms and Conditions, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of these Terms and Conditions for any reason.

Termination and Access Restriction

Aurelia Cincikaite reserves the right, at her sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms and Conditions pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this section.

Indemnification

You agree to at all times indemnify, defend, and hold harmless Aurelija Cincikaite, her directors, employees, collaborators, guests, colleagues, agents and third parties, for any losses, costs, liabilities and expenses relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Aurelija Cincikaite reserves the right, at her own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Aurelija Cincikaite in asserting any available defenses.

Entire Agreement

Unless otherwise specified herein, these Terms and Conditions, along with the Privacy Policy and Disclaimers hereby mentioned, constitute the complete agreement between the User (you) and Aurelija Cincikaite with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Aurelija Cincikaite with respect to the Website. By using this Website or “Aurelia Nutrition” services, you acknowledge that you have read these Terms and Conditions, and you agree to be bound by all the mentioned Terms and Conditions.

Changes to Terms & Conditions

Aurelija Cincikaite reserves the right, at her sole discretion, to change the Terms and Conditions under which the Website is offered. All changes are effective immediately when she posts them, and apply to all access to and use of the Website thereafter. The most current version of the Terms and Conditions will supersede all previous versions. Your continued use of the Website or “Aurelia Nutrition” services (following the posting of the revised Terms & Conditions) means that you accept and agree to the changes. For clarity, all updates are effective immediately when posted. Please check this page from time to time so you are aware of any changes to Terms and Conditions. It is your responsibility to check these Terms and Conditions periodically for updates.

General Provisions

Any part, provision, representation, exclusion or warranty (contained in these Terms and Conditions) which is prohibited or which is held to be void or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions.
These Terms and Conditions may not be assigned by you without Aurelija Cincikaite’s prior written consent, however, these Terms and Conditions may be assigned by Aurelija Cincikaite, at her sole discretion.
The Terms and Conditions are the final, complete and exclusive agreement of the parties with respect to the Website offered by Aurelija Cincikaite.
All notices with respect to the Terms and Conditions, Privacy Policy and Disclaimersmust be in writing and may be emailed to aurelia@aurelianutrition.com
By reading and/or signing these Terms and Conditions, you agree to submit to the exclusive jurisdiction of the Swiss Federal Court (Switzerland) any legal dispute that may arise in reference to “Aurelia Nutrition” and its services, and agree to pursue peaceful resolution and binding arbitration prior any legal lawsuit.