Terms of Service

Terms of Service


Terms of Service

Your access to and use of LINK by GCG (also referred to as the “Site”, “LINK”, “we”, “Company”, and “us”) is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors and users of the site.

1. PARTIES

The following terms ("Terms of Use") constitute an agreement between Jenna Gorham Nutrition Consulting, dba Gorham Consulting Group ("Company"), and you, the User (including all Brands, RDs, agencies, subcontractors, employees, and site visitors; also referred to as the “Brand” or the “RD”), that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company ("Website").

 

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Company 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. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. By visiting this Site, you are accepting the terms of the then-current Agreement. 

2. COMMUNICATIONS

If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You may opt-out of receiving these communications by following the unsubscribe link in any email we send. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.


3. RELATIONSHIP to LINK by GCG


The Site allows Brands and RDs to find and transact directly with each other. LINK does not introduce RDs to Brands or Brands to RDs and does not guarantee the success or suitability of any partnership.


Users are responsible for evaluating and determining the suitability of any partnership on their own. If you pursue a paid partnership with any User, your service contract is between you, the Users, and LINK is not a party to that Service Contract.


You acknowledge, agree, and understand that LINK is not a party to the relationship or any dealings between Users (Brands and RDs). Users are responsible for ensuring the accuracy of any User Content, performing and or paying for partnership services.


You acknowledge, agree, and understand that LINK does not, in any way, supervise, direct, control, or evaluate RDs or their work and is not responsible for any Project, Project terms, or Work Product. 


You further acknowledge, agree, and understand that: LINK does not, in any way, supervise, direct, or control any RD or RD Services; does not impose quality standards or a deadline for completion of any RD Services; and does not dictate the performance, methods or process RDs use to perform services; and LINK does not set or have any control over Freelancer’s pricing, work hours, work schedules, or work location, nor is LINK involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Users for a Project.


You are responsible for sharing W9s and contracts for paid partnerships via direct message attachment.

 

4. YOUR RESPONSIBILITY IN USING THE WEBSITE

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Website.

 

5. USE OF THE WEBSITE

Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the 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.

 

Unless it is specifically and expressly made available for such purpose, the following uses are not permitted: Republication, redistribution, sale, rental, or sub-licensing of content from the Website; Reproduction or duplication of any content on the Website for commercial purposes; Modification of any content on the Website; You are permitted to share content on social media channels, as long as you provide a link to the Website on the channel where the content is being shared.

 

6. PROHIBITED USES OF THE WEBSITE

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the 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 the 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 the Website without Company's express written permission.

 

You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments.

 

You must not use the Website for any third-party marketing without Company's express written permission.

 

 

7. CONTENT CONTRIBUTED TO THE WEBSITE

Any content you contribute to the site, 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, Company, or a third party.

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

 

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


8. RD CREDENTIAL


LINK verifies that each RD user either holds a current RD license, is an RD2Be, is in a nutrition program, is on their way to becoming an RD, OR has sufficient training and education to be called a nutrition expert at the time the user creates the account. If you notice a user who you deem unqualified, you agree to notify info@gorhamconsultinggroup.com as soon as possible.  


LINK does not guarantee, and you agree not to hold LINK responsible for, the quality of RD or Brand partnerships nor the qualifications, background, or identities of Users.


 

9. MEMBERSHIP POLICY

The Website offers a Membership platform, where content may be contributed or uploaded. The following types of contributions will not be tolerated and will be deleted:

·   harassment directed toward any content creator or Company;

·   spam;

·   hate speech;

·   defamatory statements regarding Company or any third party;

·   references to illegal acts; or,

·   contributions that may violate the legal rights of a third party.

 

Company’s sole discretion will be used to determine if a member is in violation of these policies. Any member in violation will be deleted promptly and will no longer be able to access the Membership area of the Website. No refund will be due to a member who has been removed for a violation of this policy.


10. PAYMENT & FEES

SERVICE FEES

We charge a Service Fee of 10% of paid partnership prices for each payment a Brand makes to an RD. Additionally, we charge a 1.9% credit card processing fee paid to Stripe for each payment made by credit or debit card. These fees are withdrawn from the fee the RD invoices the Brand for. You hereby authorize us to charge to you and to collect from you any fees, charges, or taxes described in this Section.

STRIPE PAYMENT TERMS

All payments on the Site are securely processed through Stripe. You agree to all terms, conditions, and privacy policies set forth by Stripe. You can learn more here.

 

AUTOMATIC MEMBERSHIP RENEWAL


You hereby authorize, LINK by GCG to automatically charge your provided account or credit card for your monthly subscription plan. 


LINK offers several membership plans for Brands, and each includes access to certain features and services of the Site. Current Client Membership Plans are Start-Up, Grow, and Scale. Start-Up is free for 7 days and does not require a monthly membership fee. Fees for Brand Membership Plans automatically renew until they are canceled.

We reserve the right to change membership fees, change the features and services included in each Brand Membership Plan, or institute new fees at any time, in each case upon reasonable notice posted in advance on the Site for existing Users. If LINK exercises its right to cancel a membership, LINK will not refund the membership fee already paid.

Should automatic billing fail to occur for any reason, LINK will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

REFUNDS

Under no circumstances, will LINK by GCG offer refunds for subscriptions, membership fees, or partnership transactions. If you, the Brand, is dissatisfied with a paid partnership with an RD, you understand that the partnership is between users and you will take this up with the RD directly


11. AFFILIATE MARKETING

From time to time, the 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.



12. FTC DISCLOSURE

From time to time, the 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 Company to create content featuring certain messages or product placement. Pursuant to the FTC's requirements, all such advertisements on the Website are clearly and conspicuously disclosed.

 

Even though compensation (e.g., cash, free product, or services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, 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.


13. NON-CIRCUMVENTION

You agree to make and receive payments only through LINK by GCG for two years (Non-Circumvention Period) from the date you first identify or meet your Brand or RD on the Site unless you pay the Opt-Out Fee outlined below. Violating this Section is a serious breach. For any violations, your Account may be permanently suspended and you will be charged an Opt-Out Fee.

You acknowledge and agree that a portion of the compensation LINK receives for making the Site available to you at a low cost for brands or free for RDs is collected through the Service Fees described above and that, in exchange, the incredible value to you is the relationships you make with other Users and Opportunities on the Site. LINK only receives the Service Fee when a Brand and an RD pay and receive payment through the Site. 

Therefore, for two years from the start of your Relationship with any Brand or RD you find on the Site, you agree to use the Site as your exclusive method to request, make, and receive all payments for work directly or indirectly with that person or company or arising out of your relationship with that person or company and not to circumvent the Payment Methods offered on the Site unless you pay an Opt-Out Fee to take the relationship off of the Site. If you and another User worked together before meeting on the Site, then the Non-Circumvention does not apply. If you use the Site as an employee, agent, or representative of another business, then the Non-Circumvention Period applies to you and other employees, agents, or representatives of the business or its successor when acting in that capacity with respect to the other User.

You agree not to offer, solicit, or accept any offer or solicitation from parties through the Site to contract, hire, invoice, pay, or receive payment in any manner other than through the Site.

You further agree you will not initiate unsolicited communications with any User outside of the Site, including, without limitation, using any information found on the Site such as name, company name, or other information on the Site, to solicit, contact, or attempt to solicit or contact or to or find the contact information of any other User.

You agree to notify LINK immediately if a person suggests to you making or receiving payments other than through the Site in violation of this agreement or if you receive unsolicited contact outside of the Site. If you are aware of a breach or potential breach of this non-circumvention agreement, please contact us at info@gorhamconsultinggroup.com immediately.

You acknowledge and agree that a violation of any provision in this agreement is a breach of the Terms of Service. Your Account may be permanently suspended and charged the Opt-Out fee if you violate this Non-Circumvention agreement. If you refuse to accept any new version of the Terms of Service or elect not to comply with certain conditions of using the Site, and therefore choose to cease using the Site, you may pay the Conversion Fee for each other User you wish to continue working with on whatever terms you agree after you cease using the Site.

 

OPTING-OUT

You may opt-out of the Non-Circumvention obligations with respect to each LINK Relationship only if the Brand or RD pays LINK an Opt-out Fee which is 10% of the estimated earnings/payments over a twelve (12) month period, which is calculated by your highest-priced package or service offered or purchased and multiplying it by 12 and multiplying by .1.

To inquire about or pay the Opt-Out Fee, contact us at info@gorhamconsultinggroup.com.

You understand and agree that if LINK determines that you have violated this Non-Circumvention section, LINK may charge your Payment Method the Opt-Out Fee or send you an invoice for the Opt-Out Fee, which you agree to pay within 30 days, close your Account, and/or charge you for all losses and costs (including any and all time of LINK’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees.

 

14. THIRD PARTIES

The Website may contain links to third-party websites that are not governed or controlled by Company. 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 relate to your use of the Website. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from any and all liability related to your use of a third-party website.

 

Prior to engaging in any events or transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.

 

15. NO WARRANTIES

The Website is provided on an "as is" and "as available" basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Website or the information and materials provided therein.

 

Company 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. Company is not responsible to you for the loss of any content or material 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. 

 

16. LIMITATION OF LIABILITY

COMPANY 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.

 

17. INDEMNITY

You agree to defend, indemnify and hold Company, 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 Company 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.

 

18. ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Montana. 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 Gallatin County, MT. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

 

19. 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 Company's prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion.

 

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

 

All notices with respect to the Terms of Use must be in writing and may be via email to info@gorhamconsultinggroup.com ​for Company and to your email address.