Definitions

“Client” means any authorised User of the Site who seeks or obtains Coach Services or buys Products

“Coach” means any authorized User of the Site or Site Services, that utilizes the Site to advertise, provide, or receive payment for the provision of Coach Services to Clients.

“Coach Services” means all coaching services performed for or delivered to Clients by Coaches.

“Coaching Agreement” means a consulting relationship entered into on NH Site between a Coach and a Client

“Confidential Information” means any material or information provided to, or created by, a User in connection with a coaching relationship, regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of Coach or Client; (b) was lawfully received by User without restriction from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Information.

“Coach Fees” means the price set by the Coach for a certain duration of consultation they provide to the Client

“Nutrition Hackers” is a trading name of Nutrition Hackers LLC, company number 10265609, registered in England and Wales (“NH,” “we”, or “us”). Subject to the Terms of Service, NH provides services including hosting and maintaining the NH Site, facilitating bookings, and processing payments for coaching services.

“NH Site” is a marketplace where Coaches and Clients can identify each other and advertise, buy, and sell Coaching Services online.

“Payment Method” means a valid credit card issued by a bank acceptable to NH, a bank account linked to your Account, a PayPal account, a debit card, or such other method of payment as NH may accept from time to time in our sole discretion.

“Product” means a virtual consulting session of advertised duration delivered by Coach to a Client.

“NH Site” (“Site”) means website www.nutrition-hackers.com

“Substantial Change” means a change to the terms of the Terms of Service that materially reduces your rights or increases your responsibilities.

“Users” means all authorized users of the website including Clients and Coaches

“User Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other content or information that you or any Site Visitor or User post to any part of the Site or provide to NH, including such content or information that is originally generated through the use of generative AI tools or as a result of questions.

Agreement

This Agreement (“Agreement”) contains important information about your legal rights, remedies, and obligations, and is a legally binding agreement between you (“you” or “Coach”) and Nutrition Hackers LLC operating under trading name Nutrition Hackers (“NH,” “we”, or “us”), governing your use of NH Site and Site Services.

You understand that by using our Site or Site Services, and by clicking accept when prompted on the Site, you agree to be bound by all agreements which constitute NH’s Terms of Service.

If you want to use our website or any of our services (which we refer to altogether as Services), whether just by looking around or by registering an account, you must first read and agree to this Agreement (including the dispute resolution and arbitration provisions in Section 14). If you don’t understand this Agreement or you don’t agree to all of its terms and conditions, you may not use our Services. If you do not understand or agree to this Agreement, do not click to accept this Agreement, “Sign Up”, “Create My Account”, or similar, and do not visit NH.com, use our mobile applications, or otherwise use our Services. If you are using our Services on behalf of a business or legal entity, you may only do so if you have authority to agree to the Terms of Service on behalf of that business or legal entity.

1. Registering as a Coach

1.1 REGISTRATION

You must register for an account with us (“Account”) to access and use certain portions of our Services. Registered users of our Services are “Coaches”.

Your Account registration is subject to approval by NH. We reserve the right to decline a registration either to join NH or to add an Account of any type, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

1.2 ACCOUNT ELIGIBILITY

By registering for an Account or by using our Services, you confirm that you: (a) are doing business under your own name as a self-employed individual/sole proprietor or are an employee or agent of an independent business (such as a corporation, limited liability company, or other entity); (b) will use our Services for coaching purposes only; (c) will comply with any licensing, registration, or other requirements with respect to your activities, or the business for which you are acting; (d) are either a legal entity or an individual who is at least 18 years old (or the age of majority in your country if the age of majority is over 18), and that you can form legally binding contracts and (e) that you will not provide medical advice or misrepresent yourself as someone who is qualified to provide such advice.

1.3 ACCOUNT PROFILE

To register for an Account to use our Services, you must complete a product profile (“Product”), which you consent to be shown to other Users and, unless you change your privacy settings, to be shown to the public. You agree to provide accurate and complete information on your Profile—and on all registration and other forms you access while using our Services or provide to us—and you agree to keep that information current. You agree not to provide any false or misleading information about your identity or location, your skills, or the services you provide, and you agree to correct any information that is or becomes false or misleading. We reserve the right to suspend or terminate the Account, or access to our Services, of anyone who provides false, inaccurate, or incomplete information in creating, marketing, or maintaining a Profile or an Account.

1.4 IDENTITY AND LOCATION VERIFICATION

When you register for an Account and periodically thereafter, your Account will be subject to verification, including but not limited to validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your qualifications. You authorize NH, directly or through third parties, to make any inquiries necessary to validate this information, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your qualifications. During verification some Account features may be temporarily limited but will be restored if verification is successfully completed.

1.5 USERNAMES AND PASSWORDS

Each Coach who uses our Services must register for their own Account. We will issue your username and you will create your own password. You are responsible for safeguarding and maintaining the confidentiality of your username and password, and agree not to share your username or password with anyone. You are responsible for safeguarding your username and password and for any use of our Services with your username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password. You further agree not to use the Account or log in with the username and password of another User.

2. Your Relationship with NH

2.1 NH Platform

NH offers a platform that enables Users to find one another, enter into coaching agreements, and make and receive payments. NH neither performs nor employs individuals to perform Coach Services. You acknowledge and agree that NH does not supervise, direct, control, or monitor Users in the performance of any contractual obligations and agree that: (a) NH is not responsible for ensuring the accuracy or legality of any User Content, for which Users are solely responsible; (b) NH is not responsible for the offering, performance, or procurement of Coach Services, (c) NH does not make any representations about or guarantee any particular User’s offered services, and (d) nothing will create an employment, agency, or joint venture relationship between NH and any User offering services. While NH may provide certain badges on Coach or Client profiles, such badges are not guarantees, including of quality or ability or willingness of the badged Coach or Client to complete a Service Contract.

You further acknowledge and agree that Users, and not NH, are solely responsible for (a) evaluating and determining the suitability of any Coach; (b) assessing whether to enter into a coaching agreement with another User and for verifying any information about another User, including; (c) deciding whether to enter into an agreement on NH as well as the contract terms, and (d) negotiating, agreeing to, and executing any terms or conditions of the contracts and for performing and monitoring performance under them. All agreements between Users are directly between the Users and NH is not a party to those contracts.

Nothing in this Agreement is intended to or does prohibit or discourage any User from engaging in any other coaching activities or providing any services through any other channels they choose. Users are free at all times to engage in such other activities and services and are encouraged to do so.

2.2 TAXES AND BENEFITS

Coach acknowledges and agrees that Coach is solely responsible for: (a) all tax liability associated with payments received from Clients and through NH, and that NH will not withhold any taxes from payments to Coach unless required to under applicable law; (b) obtaining any liability, health, workers’ compensation, disability, unemployment, or other insurance needed or required by law, and that Coach is not covered by or eligible for any insurance from NH; (c) determining and fulfilling Coach’s obligations under applicable laws and regulations with respect to invoicing and reporting, collecting, or remitting any applicable taxes or charges; and (d) if outside of the United States, determining if NH is required by applicable law to withhold any amount of the Coach Fees and notifying NH of any such requirement and indemnifying NH for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest).

2.3 MARKETPLACE FEEDBACK AND USER CONTENT

You acknowledge and agree that Users publish and request NH to publish on their behalf information on the Site such as feedback, composite feedback, or geographical location. Such information is based on data that Coaches or Clients voluntarily submit to NH and does not constitute an introduction, endorsement, or recommendation by NH. You agree that NH is not responsible for verifying such information and provides it solely for the convenience of Users, but providing false or misleading information violates this Agreement and may result in revocation of your access to use the Site Services.

You acknowledge and agree that User feedback benefits the marketplace and its Users, and you specifically request and agree that NH may make available to other Users individual and composite feedback about Users, including you.

You acknowledge and agree that any feedback results for you, and other User Content highlighted by NH on the Site or otherwise (“Composite Information”), may include User comments, User ratings, indicators of User satisfaction, and other feedback left by other Users. NH is not responsible for monitoring, influencing, contributing to or censoring these opinions. You agree to notify NH of any error or inaccurate statement in your feedback results, including the Composite Information, and you agree that NH may rely on the accuracy of such information if you do not. NH provides its feedback system as a means for Users to share their working experiences with and opinions of other Users publicly, and you acknowledge and agree that posted composite or compiled feedback and any other Composite Information relates only to the activity advertised in the Profile and not to any individual person.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. NH generally does not review or monitor User Content. You agree that we are not responsible for User Content. We cannot always prevent the misuse of our Services, and you agree that we are not responsible for any such misuse. NH reserves the right (but is under no obligation) to remove posted feedback or information that NH determines violates the Terms of Service or negatively affects our marketplace, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of NH.

3.RELATIONSHIP BETWEEN CLIENT AND COACH

3.1 COACHING RELATIONSHIP

If a Client and a Coach decide to enter into a coaching relationship, it is a relationship directly between the Client and the Coach; NH is not responsible for and is not a party to this relationship and under no circumstances will any such contract create an employment or any service relationship between NH and any User.

Clients and Coaches may enter into any additional agreements that they deem appropriate (e.g., confidentiality agreements), provided that those agreements do not conflict with, narrow, or expand NH’s rights and obligations under the Terms of Service.

3.2 NOT MEDICAL ADVICE

Coaching Service must not be represented as rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction. A Coach must make it clear to Clients that they are not a medical professional and are not qualified or licensed to provide medical advice of any kind. A Coach may provide their own, personal thoughts, opinions, and recommendation.

4.4. PAYMENTS SERVICES

4.1 NH PAYOUT SERVICES

Coach is free to set the prices for their Products. NH will collect payments on behalf of coach at the time of sale on the Site. The payments will be held for the duration of Payout Period. NH will deduct its booking fees and transfer coach payout via PayPal in accordance with the Coach Payments Schedule.   

5.5. NH FEES

5.1 SITE SERVICE FEES

Coaches agree to pay NH a booking fee for the use of the Site Services. Coach is responsible for paying all Service Fees. NH will deduct its booking fee prior to transferring coach payout in accordance with the Coach Payments Schedule.    

5.2 VAT AND OTHER TAXES

NH Fees are exclusive of taxes. NH does not collect taxes it is not required to collect, but NH may be required by applicable law to collect certain taxes or levies, including income tax or VAT (which some jurisdictions refer to as GST or local sales taxes). These collection requirements and rates may change based on changes to the law in your area. Any amounts NH is required to collect or withhold for the payment of any such taxes shall be collected in addition to the fees owed to NH under the Terms of Service.

5.3 NO INTEREST

You agree that you will not receive interest or other earnings on the funds held on your behalf.

5.4 U.S. DOLLARS AND FOREIGN CURRENCY CONVERSION

Site Services operate in U.S. Dollars. If a User’s Payment Method is denominated in a currency other than U.S. Dollars and requires currency conversion to make or receive payments in U.S. Dollars, the Site will display foreign currency conversion rates that NH currently makes available to convert supported foreign currencies to U.S. Dollars. These foreign currency conversion rates adjust regularly based on market conditions. Please note that the wholesale currency conversion rates at which we or our Affiliates obtain foreign currency will usually be different than the foreign currency conversion rates offered on the Site. Each User, at its sole discretion and risk, may authorize the charge, debit, or credit of its Payment Method in a supported foreign currency and the conversion of the payment to U.S. Dollars at the foreign currency conversion rate displayed on the Site.

6. RECORDS OF COMPLIANCE

You are solely responsible for creation, storage, and backup of your coaching records. You agree that NH has no obligation to store, maintain or provide you a copy of any content or information that you provide, except to the extent required by applicable law.

7. WARRANTY DISCLAIMER

NH and its affiliates make no representation or warranty about the services, including that the services will be uninterrupted or error-free, and provide the Site Services (including content and information) on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, NH and its affiliates disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.

8. LIMITATION OF LIABILITY

NH is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to: (i) your use of or your inability to use our Site or Site Services; (ii) delays or disruptions in our Site or Site Services; (iii) viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services; (iv) glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services; (v) damage to your hardware device from the use of the Site or Site Services; (vi) the content, actions, or inactions of third parties’ use of the Site or Site Services; (vii) a suspension or other action taken with respect to your Account; (viii) your reliance on the quality, accuracy, or reliability of job postings, Profiles, ratings, recommendations, and feedback (including their content, order, and display), Composite Information, or metrics found on, used on, or made available through the Site; and (ix) your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.

Additionally, in no event will NH, our affiliates, our licensors, or our third-party service providers be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities. The liability of NH, our affiliates, our licensors, and our third-party service providers to any User for any claim arising out of or in connection with this Agreement or the other Terms of Service will not exceed the lesser of: (a) $2,500 or (b) any fees retained by NH with respect to service contracts on which User was involved as Client or Coach during the six-month period preceding the date of the claim.

These limitations will apply to any liability, arising from any cause of action whatsoever arising out of or in connection with this Agreement or the other Terms of Service, whether in contract, tort (including negligence), strict liability, or otherwise, even if NH has been advised of the possibility of such costs or damages and even if the limited remedies provided herein fail of their essential purpose. Some states and jurisdictions do not allow for all of the foregoing exclusions and limitations, so to that extent, some or all of these limitations and exclusions may not apply to you.

9. RELEASE

In recognition of the fact that NH is not a party to any contract between Users, you hereby release NH  and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exist as of the time you enter into this Agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Coach Services provided to Client by a Coach and requests for refunds based upon disputes.

To the extent applicable, you hereby waive the protections of California Civil Code § 1542 (and any analogous law in any other applicable jurisdiction) which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

10. INDEMNIFICATION

You will indemnify, defend, and hold harmless NH and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) your or your agents’ use of the Services, including any payment obligations or default (described in Section 6.4 (Non-Payment or Default)) incurred through use of the Services; (b) any Work Product or User Content related to your use of the Services; (c) any Service Contract entered into by you or your agents, including, but not limited to, the classification of a Coach as an independent contractor, any employment-related claims; (d) your or your agents’ failure to comply with the Terms of Service; (e) you or your agents’ failure to comply with applicable law; (f) negligence, willful misconduct, or fraud by you or your agents; and (g) you or your agents’ violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights. For purposes of this Section 12, your agents include any person who has apparent authority to access or use your account demonstrated by using your username and password.

“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including attorneys’ fees) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.

“Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.

11. AGREEMENT TERM AND TERMINATION

11.1 TERMINATION

Unless both you and NH expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided in this Agreement. You may provide written notice to legalnotices@NH.com. In the event you properly terminate this Agreement, your right to use the Services is automatically revoked, and your Account will be closed.

You agree that NH is not a party to any Service Contract between Users. Consequently, you understand and acknowledge that termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any Service Contract or Project entered into between Users. If you attempt to terminate this Agreement while having one or more open Projects, you agree that (a) you thereby instruct NH to close any open contracts; (b) you will continue to be bound by this Agreement and the other Terms of Service until all such Projects have closed on the Site and your access to the Site has been terminated; (c) NH will continue to perform those Services necessary to complete any open transaction between you and another User; and (d) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open Service Contracts, whichever is later, to NH for any Services or such other amounts owed under the Terms of Service and to any Coaches for any Coach Services.

Without limiting NH’s other rights or remedies, we may revoke or limit access to the Services, deny your registration, or revoke your access to the Site and refuse to provide any or all Services to you if: (i) you breach any terms and conditions of this Agreement or any portion of the Terms of Service; (ii) we have reasonable reason to believe that you have provided false or misleading information to us; (iii) we conclude that your actions may cause legal liability for you or others; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity; or (iv) we are required to by law, legal process, or law enforcement. If your Account is temporarily or permanently closed, you may not use the Site under the same Account or a different Account or re-register for a new Account without NH’s prior written consent. If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law.

You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of Users’ Account status to all Users, including you and other Users who have entered into Service Contracts with you. 

You therefore agree that: if NH decides to temporarily or permanently close your account, NH has the right (but no obligation) where allowed by law to: (y) notify other users that have entered into Service Contracts with you of your closed account status, and (z) provide those users with a summary of the reasons for your account closure. You agree that NH will have no liability arising from or relating to any notice that it may or may not provide to any user regarding closed account status or the reason(s) for the closure.

11.2 ACCOUNT DATA ON CLOSURE

Except as otherwise required by law, if your Account is closed, you will no longer have access to information or material you kept on the Site and any content stored in your Account may be deleted, for which NH expressly disclaims liability. NH may retain some or all of your Account information as permitted or required by law and the Privacy Policy.

11.3 SURVIVAL

After this Agreement terminates, the terms of this Agreement and the other Terms of Service that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions related to arbitration, audits, intellectual property, non-circumvention, indemnification, fees, reimbursements, and limitations of liability each contemplate performance or observance after this Agreement terminates. The termination of this Agreement for any reason will not release you or NH from any obligations incurred prior to termination of this Agreement or other parts of the Terms of Service or that may accrue related to any act or omission prior to such termination.

12. DISPUTE RESOLUTION

12.1 Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

12.2 Binding Arbitration

Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.

12.3 Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

12.4 Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

13. GENERAL

13.1 ENTIRE AGREEMENT

This Agreement is the only agreement between you and us regarding the Site Services and supersedes all prior agreements for the Site Services and supersedes any prior agreements between us for actions occurring after the effective date of this Agreement.

13.2 MODIFICATIONS; WAIVER

Subject to the conditions set forth herein, NH may amend this Agreement and any of the other agreements that comprise the Terms of Service at any time by posting a revised version on the Site. NH will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below), by posting the updated Terms of Service on the Site and providing notice on the Site or by email. If the Substantial Change includes an increase to Fees charged by NH, NH will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees, any temporary or promotional Fee change, or changes that do not constitute a Substantial Change. Any revisions to the Terms of Service will take effect on the noted effective date. No modification or amendment to the Terms of Service will be binding upon NH unless they are agreed in a written instrument signed by a duly authorized representative of NH or posted on the Site by NH. Email will not constitute a written instrument as contemplated by this Section 15.2.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

13.3 SEVERABILITY; INTERPRETATION

If any provision of this Agreement is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of this Agreement will continue in full force and effect. To the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in one jurisdiction will not in any way affect the legality, validity, or enforceability of that or any other provision in any other jurisdiction.

13.4 FORCE MAJEURE

The parties to this Agreement will not be responsible for any delay or failure to perform any obligation under this Agreement for a reasonable period due to labor disturbances, accidents, fires, floods, pandemics, telecommunications or Internet failures, strikes, wars, riots, rebellions, terrorism, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar event beyond the parties’ reasonable control.

13.5 PREVAILING LANGUAGE AND LOCATION

The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities in the United Kingdom.

13.6 ACCESS OF THE SITE OUTSIDE THE UNITED KINGDOM

NH makes no representations that the Site or Services are appropriate or available for use outside of the United Kingdom. Those who access or use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable laws and regulations. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining any and all required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving UK origin products, including services or software.

13.7 CONSENT TO USE ELECTRONIC RECORDS

NH and its Affiliates may need to provide you with certain communications, notices, agreements, statements or disclosures in writing regarding our Services. You consent to receive these records electronically from NH and its Affiliates rather than in paper form.