TERMS AND CONDITIONS AND PRIVACY POLICY
Welcome!
The material appearing on this website https://www.flightcrew-nutrition.com (this “Site”) is provided as information about Flight Crew Nutrition’s business, community, and people, and as a platform for online connection. The owner of this Site, Flight Crew Nutrition and its directors, agents, employees and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on the Site or material linked to this Site.
Any information on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion. By using this Site, you accept and agree that following and using any information or recommendation provided on this Site is at your own risk.
TERMS AND CONDITIONS
Please read the following carefully! Your access to and use of this Site is subject to legally binding terms and conditions, which you accept and agree to by accessing this Site.
The following terms and conditions (“Terms and Conditions”) form a binding agreement (this “Agreement”) between you and Flight Crew Nutrition, LLC, a Limited Liability Company operating out of the State of Washington (“Flight Crew Nutrition”). Flight Crew Nutrition may modify, amend, supplement and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of this Site after any change means you have accepted the changed Terms and Conditions.
Copyright. All materials created by Flight Crew Nutrition on the Site are protected by United States copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to Flight Crew Nutrition.
No part of our content, including but not limited to text, images, audio, or video, may be used to develop, train, or improve any artificial intelligence model, machine learning algorithm, or similar technology. Any such use is explicitly prohibited and is a violation of these terms.
Links to Third-Party Websites. This Site may contain links to third-party websites. All such linked sites, materials and pages are not under the control of Flight Crew Nutrition and Flight Crew Nutrition is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third-party website. Flight Crew Nutrition accepts no liability for any errors or omissions contained in third-party websites. These links are provided to improve your use of this Site, enable you to connect with Flight Crew Nutrition on various platforms, help Flight Crew Nutrition offer the easiest services for you and conduct transactions.
Use License. If Flight Crew Nutrition has materials on the Site which you can download, permission is granted to download copies of the materials for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
Modify or copy the materials;
Use the materials for any commercial purpose or for any public display (commercial or non-commercial);
Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Flight Crew Nutrition at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
Refunds. Our refund policy for any of the services or products sold on the Site is as follows: Our Services are non-refundable. In certain circumstances, Flight Crew Nutrition may consider a refund request made within two (2) weeks of purchase. All decisions regarding policy exceptions will be made on a case-by-case basis at our sole discretion.
Disclaimer. Our goal is to share information in an informative, open, and honest way. That being said, all content, materials, and services provided on or through the Site are for informational and educational purposes only. What we share reflects the opinion, experience, and perspective of Flight Crew Nutrition. The information and educational content on this Site are not intended to be, nor should they be used as a substitute for, personalized medical advice, clinical dietetics, or medical nutrition therapy. Additionally, content on this Site does not guarantee, influence, or impact FAA medical certification, flight status, or aviation medical exam outcomes. Before taking any action regarding your health, diet, supplements, or lab results, please make sure you consult with your physician, Aviation Medical Examiner (AME), or qualified healthcare professional.
No Guarantees. We make no guarantees or warranties of any kind regarding any particular results, outcomes, or benefits that you may experience from using our Site, products, or services. This includes, but is not limited to, health improvements, biomarker or lab result changes, weight management, or FAA medical certification status and flight clearance. We will do everything we can to give you the tools and guidance to succeed, but your individual success depends entirely on your own effort, body, and personal circumstances. We cannot be any clearer about this: we make no promises regarding results and make no guarantees whatsoever.
Site Terms of Use Modifications. Flight Crew Nutrition may revise these Terms and Conditions for its Site at any time without notice. By continuing to use the Site after Flight Crew Nutrition modifies this Agreement, you are agreeing to be bound by the updated version of this Agreement.
Limitation of Liability. In no event shall Flight Crew Nutrition, its officers, members, directors, employees, contractors, or affiliates be liable for any direct, indirect, incidental, consequential, special, or punitive damages (including, without limitation, damages for personal injury, health complications, lost wages, loss of flight status, loss of FAA medical certification, loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials, content, products, or services on the Site, even if Flight Crew Nutrition has been notified orally or in writing of the possibility of such damage.
Choice of Laws and Venue. The parties agree to submit all claims irrevocably relating to Flight Crew Nutrition’s Site to the exclusive jurisdiction of the courts of the State of Washington without regard to its conflict of law provisions.
Indemnity. As a condition of your use of this Site, you indemnify Flight Crew Nutrition and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.
Entire Agreement. These Terms and Conditions and any other legal notices, policies and guidelines of Flight Crew Nutrition linked to these Terms and Conditions or contained on this Site constitute the entire agreement between you and Flight Crew Nutrition relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Flight Crew Nutrition. If, for any reason, a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Failure by Flight Crew Nutrition to enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of that right. Paragraph headings are for reference only.
PRIVACY POLICY
Flight Crew Nutrition understands how important your privacy is. This privacy policy (the “Privacy Policy”) sets out the privacy policies and practices for Flight Crew Nutrition, LLC and its subsidiaries and affiliates (collectively, “Flight Crew Nutrition”) regarding how Flight Crew Nutrition collects your personal information. It also describes how Flight Crew Nutrition maintains, uses, and discloses personal information. This Privacy Policy applies to information collected from you by Flight Crew Nutrition via the Site. This Privacy Policy also sets out how you can access certain information that Flight Crew Nutrition may collect about you.
In this Privacy Policy, personal information means information about an individual whose identity is apparent or can be reasonably ascertained from the information as further defined under applicable privacy laws (“Personal Information”). Please note that as part of our dietetic and coaching services, we may collect health-related data, laboratory results, or client intake details that constitute Protected Health Information (“PHI”). All PHI collected through your client portal, intake forms, telehealth consultations, or health records is handled in accordance with the Health Insurance Portability and Accountability Act (“HIPAA”). For detailed information regarding our HIPAA compliance, please refer to Schedule “A” attached hereto.
Please note that the Site and our services may contain links to or integrations with other third-party websites and platforms that are not controlled or operated by Flight Crew Nutrition. All of these third parties are listed in the “Third Parties” section of this Privacy Policy. This Privacy Policy does not apply to such third-party websites or services, and Flight Crew Nutrition is not responsible for the content of such third-party websites or the privacy practices of such third parties. Flight Crew Nutrition encourages you to request and review the privacy policies of any third parties upon disclosing your Personal Information to such parties or when visiting such third-party websites or using such third-party services.
Consent of Collection of Information. Consent of Collection of Information. By submitting Personal Information to Flight Crew Nutrition and its Site, associated platforms, or any of its service providers, you agree and consent to the collection of your Personal Information and consent to the use, disclosure and transfer of your Personal Information in accordance with the provisions of this Privacy Policy. You may always refuse or withdraw your consent by contacting Flight Crew Nutrition at [email protected]. You understand that if you withdraw your consent, Flight Crew Nutrition may not be able to continue to offer its services and provide its information to you.
Children Under 18. The Site is not intended for individuals under 18 years of age. Flight Crew Nutrition does not knowingly collect Personal Information from anyone under this age. If you are under 18, do not use the Site, register, make purchases, or provide any Personal Information (including your name, contact details, or usernames) through our features. If we learn that we have collected Personal Information from a child under 18 without verified parental consent, we will delete that information. If you believe we may have information from or about a child under 18, please contact us at [email protected].
Revisions to this Privacy Policy. Flight Crew Nutrition reserves the right, in Flight Crew Nutrition’s sole discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. Flight Crew Nutrition will treat your continued use of the Site or services following such revision as your acceptance of the revised terms. All revisions will be posted to the Site and will apply to any Personal Information collected on or after the date posted. Flight Crew Nutrition will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your Personal Information for purposes other than those to which consent has been obtained, unless otherwise required or permitted by law.
What Personal Information does Flight Crew Nutrition collect and how is it processed?
What do we collect? Flight Crew Nutrition may directly collect your name, address, phone number, birthday, billing address and email address. There may be other information you provide but that will not be collected by Flight Crew Nutrition and instead will be collected by the third parties Flight Crew Nutrition works with, as outlined in 4.4.
Email and Phone Number. We may collect your email address and phone number and may send you a newsletter or other promotional materials through email for promotional or informational purposes. Subscribing to our newsletters is optional, and you will always be able to unsubscribe. This applies to any information you submit through our website or provide to us in any other manner. We may contact you via phone if there is information that would be beneficial to share with you. In accordance with this Privacy Policy, if you do not want to be reached by phone, you can choose not to share your phone number or ask us not to contact you via phone.
Biometrics and Health Data. Flight Crew Nutrition may collect and store your biometric and health-related data, including height, weight, calculated BMI, body composition metrics, laboratory test results, genetic data, dietary logs, and before-and-after photographs, for the express purposes of tracking your nutrition and wellness progress, tailoring personalized nutrition programs, and evaluating the effectiveness of our services. This information will be handled with all reasonable security measures, retained only as long as necessary, and used in accordance with applicable data privacy laws and HIPAA guidelines. With your permission and a signed Media Release Agreement, Flight Crew Nutrition may use your before-and-after photographs or testimonial data for promotional purposes. You can refuse to provide this information, but this might limit Flight Crew Nutrition's ability to provide you with personalized services.
Third Parties. Third Parties. Flight Crew Nutrition may work with third-party applications in order to provide you with the best services on the Site and through our services. These organizations may collect Personal Information from you in order to provide you with the services, including your name and contact information. Specifically, the third parties Flight Crew Nutrition may work with are listed below. We’ve included links to their privacy policies to ensure you are comfortable using them.
3X4 Genetics: https://3x4genetics.com/pages/3x4-privacy-policy
Autobooks: https://www.autobooks.co/privacy-policy
AWeber: https://www.aweber.com/privacy.htm
Canva: https://www.canva.com/policies/privacy-policy/
Full Script: https://fullscript.com/privacy
Google Drive: https://policies.google.com/privacy?hl=en
Google Workspace: https://policies.google.com/privacy?hl=en
Instagram: https://privacycenter.instagram.com/policy
MailChimp: https://www.intuit.com/privacy/statement/
Pinterest: https://policy.pinterest.com/en/privacy-policy
Practice Better: https://practicebetter.io/privacy
Riverside: https://riverside.com/privacy-policy
Stripe: https://stripe.com/privacy
Substack: https://substack.com/privacy
That Clean Life: https://practicebetter.io/privacy
Thinkific: https://www.thinkific.com/privacy-policy/
How will Flight Crew Nutrition use your Personal Information? Your Personal Information will be used to provide you with promotional and informative materials and offers and deliver the products and services you can purchase or subscribe to from the Site and associated platforms. Specifically:
Your credit card information will not be kept by Flight Crew Nutrition but instead by one of the third parties listed in section 4.4 above.
Your name and e-mail address are collected but will not actually be stored on the Site. Any information captured will be processed through third-party websites in section 4.4 above.
Your phone number may be used to contact you by phone or text message for appointment confirmations or to share information we believe would benefit you. No mobile information will be shared with third parties/affiliates for marketing or promotional purposes.
If you subscribe to our newsletter, your Personal Information will be used to send the newsletter to you.
If we send you the Newsletter for marketing purposes, we will send you emails about promotions, special events and other information. You can opt not to receive these emails from us by either clicking “unsubscribe” at the bottom of the email when you receive it or by sending an email that includes your email address and a request that you not receive our promotional emails.
We may use your Personal Information to respond when you submit a question or suggestion to us, or when you request assistance regarding a service or product you purchased.
We may share your information if we believe in good faith that disclosure of your information is required to protect your safety or the safety of others, to investigate a fraud, or to respond to a government, judicial or other legal request or to comply with the law.
We may also share certain aggregated, anonymized information with a third-party provider in order to assist us in improving the Site and our Services.
Storing Your Personal Information. Flight Crew Nutrition’s web service and associated platforms may store your Personal Information when you interact with the Site or receive our services. Flight Crew Nutrition will be happy to delete any of your Personal Information that it holds upon a written request made by you, except where we are legally required or permitted to retain such records under applicable federal, state, or medical record retention laws (including HIPAA). Your Personal Information will be safely disposed of by Flight Crew Nutrition when no longer needed for these compliance or service purposes.
Storing Your Phone Number. Your phone number will be kept in the secure phone or contacts database of Flight Crew Nutrition and associates. Wherever it is stored, it will always be encrypted and secured with password protection and will never be shared with third parties for marketing purposes. You may opt out of phone or text communications at any time.
We Play by the Rules. The Site and Flight Crew Nutrition abide by all relevant United States federal and State privacy laws in all aspects of our operations, including HIPAA regulations governing Protected Health Information (PHI) as outlined in Schedule “A”. This Privacy Policy is also compliant with GDPR and CCPA regulations to the extent applicable. If you have any questions about our legal compliance, feel free to reach out to [email protected].
Affiliate Relationships. Please assume that, for every recommendation or link we provide, the following holds true: we have become aware of a product or service that we think may be of interest to people who visit our website. After we do our own research and decide this item is of value to ourselves, our community, or our clients, we choose to promote that item and are compensated when our readers click on the link or purchase the product or service. (That compensation comes from our affiliate, not you). Regardless of compensation, we only mention products and services that we believe in and feel would be a benefit to you.
Do Not Track Signals. Flight Crew Nutrition currently does not recognize or respond to browser-initiated Do Not Track (DNT) signals, as the Internet industry is currently still working on Do Not Track standards and there is no accepted standard on how to respond to such signals.
Analytics. The Site keeps the following information from your visits to our webpage: We use visitor information to improve our customer engagement. It tells us where and when people visit the Site, how long they stay, and their IP addresses for website and server security.
Cookies. The Site uses ‘cookies’ to keep a record of the number of times you’ve visited the Site and how you interacted with the Site during each visit. In addition, the Site uses cookies that are not absolutely essential for your use of the Site. Your continued use of the Site serves as consent for these cookies.
A cookie is a small text file that is sent by the Site's servers to your hard drive and can only be read and interpreted by the Site’s servers. No Personal Information is stored in the cookie and there is nothing on it that can identify you personally.
Cookies play an important role in how you interact while visiting the Site, ensuring the usability of the Site’s features, helping the Site understand your preferences, and improving your experience on the Site. If you do not want cookies from the Site, simply adjust your web browser settings to disable them. This may change the way you access the Site and may also render some of the Site’s features unusable, but of course, it is your choice to do so.
Disclosure of Personal Information. Flight Crew Nutrition will NEVER sell, share or license any Personal Information we collect from you. Flight Crew Nutrition is not liable for any disclosure of your Personal Information by any third party, particularly the ones outlined in section 4.4 above. By purchasing the services and products offered by Flight Crew Nutrition, you agree to be bound to and consent to the provisions of our third parties’ privacy policies. In the event that Flight Crew Nutrition changes its practices, you will be notified, and you will be able to opt out of Flight Crew Nutrition using your Personal Information by contacting us at [email protected].
Choice of Laws and Venue. This Privacy Policy and the use of the Site are governed by the laws of the United States and the State of Washington. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Washington. If a dispute arises, we agree to first resolve it through binding arbitration to take place in the State of Washington.
Your Consent. By choosing to provide Flight Crew Nutrition with your Personal Information or using our Site and services, you are consenting to its collection, use and disclosure in accordance with the principles outlined in this Privacy Policy. If you are under the age of 18, you must not provide any Personal Information to us without the consent of your parent or guardian, or as otherwise provided for by applicable law.
Protecting Your Privacy. Flight Crew Nutrition is committed to protecting your privacy. Security measures, such as encryption, secure cloud platforms, passwords on servers and computers, and locked cabinets where Personal Information is stored, have been adopted to protect your Personal Information against loss or theft, unauthorized access, disclosure, copying, use or modification. Online transactions are completed using third-party applications outlined in section 4.4 above. Please refer to the third parties’ privacy policies, of which links have been provided above, for clarification on how your transaction and Personal Information will be handled. Flight Crew Nutrition makes no promises, warranties or representations about the manner in which your Personal Information is handled by third parties and bears no liability whatsoever for their use of it.
Verifying your Identity. When you contact us or submit a request regarding your Personal Information, Flight Crew Nutrition will require you to provide sufficient information to verify your identity. This ensures we can reasonably confirm that you are the individual associated with the collected Personal Information.
The Internet Can Be Unreliable. The internet is, by its nature, inherently open and subject to the interception of information. We cannot guarantee that the information you provide to Flight Crew Nutrition over the internet or otherwise will not be intercepted by third parties while it is being communicated by means that are outside of Flight Crew Nutrition’s control.
Verifying and Amending Your Personal Information. Flight Crew Nutrition tries to ensure that all Personal Information about you that is in our possession is accurate, complete and up-to-date. Please contact us at [email protected] to advise us of any changes to your Personal Information. You may request access to the Personal Information held by Flight Crew Nutrition at any time or seek to make corrections to it.
Arbitration. Any controversy or claim arising out of or relating to this agreement shall be settled exclusively by binding arbitration conducted in the State of Washington or through such other arbitrator as mutually agreed upon by the parties. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award, to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this agreement.
Resolving your concerns. If you have any questions or concerns about Flight Crew Nutrition's Personal Information collection, use and disclosure practices, please let us know at [email protected], and we will do our best to help you.
SCHEDULE “A”
Health Insurance Portability and Accountability Act (HIPAA)
Welcome to our Privacy Policy, which confirms how we will handle your Protected Health Information (PHI). Your privacy is as important to us as it is to you, and we are committed to protecting the confidentiality and security of your health information. This document outlines our practices regarding the collection, use, and disclosure of your protected health information (PHI) in compliance with the Health Insurance Portability and Accountability Act (HIPAA). By adhering to these guidelines, we ensure that your personal health data is handled with the highest standards of privacy and integrity. Please take a moment to review this policy to understand how we manage your health information and your rights concerning your PHI.
Please read the following carefully so that we are all on the same page and you can remain confident of how we handle your protected health information!
The following privacy policy (“Privacy Policy”) forms a binding agreement (this “Agreement”) between you and Flight Crew Nutrition LLC, a Limited Liability Company operating out of the State of Washington (“Flight Crew Nutrition”). Flight Crew Nutrition may modify, amend, supplement and replace this Privacy Policy at any time without providing you with advance notice.
Collection of Information. Flight Crew Nutrition collects and maintains your PHI as necessary to provide our services and fulfill our legal obligations and services. This information may include:
Personal information provided by you at intake, including your name, contact information, medical history, and insurance details.
Information obtained from other sources, such as healthcare providers or insurers.
Use of Information. Flight Crew Nutrition will use your protected health information for the following purposes:
Providing you with healthcare services and related support.
Processing payments and insurance claims.
Disclosure of Information. During the course of our services, Flight Crew Nutrition may be required to disclose your protected health information. When this is necessary, it will be to the following parties:
Healthcare providers and other entities involved in your care.
Business associates who perform services on behalf of Flight Crew Nutrition and who are also bound by HIPAA regulations.
Government agencies and law enforcement, as required by law or to protect our legal interests.
Any other necessary party with your written authorization.
Security of Information. Flight Crew Nutrition implements appropriate technical, administrative, and physical safeguards to protect all protected health information from unauthorized access, disclosure, alteration or destruction.
Flight Crew Nutrition will regularly train all employees on HIPAA regulations, security best practices and their responsibilities in protecting all PHI. Flight Crew Nutrition understands the importance of all employees knowing how to handle PHI appropriately.
Your Protected Health Information. Your rights regarding your PHI:
You have the right to request access to or copies of your PHI.
You have the right to request amendments to your PHI.
You have the right to request certain restrictions on how your PHI is used and/or disclosed.
You have the right to receive an account of all disclosures of your PHI.
You have the right to request confidential communications.
You have the right to file a complaint if you believe your privacy rights have been violated.
Links to Third-Party Websites. Flight Crew Nutrition’s websites may contain links to third-party websites. While we strive to only work with HIPAA-compliant entities, all such linked sites, materials and pages are not under the control of Flight Crew Nutrition, andFlight Crew Nutrition is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third-party website. Flight Crew Nutrition accepts no liability for any errors or omissions contained in third-party websites. These links are provided to improve your use of the Flight Crew Nutrition Site, enable you to connect with Flight Crew Nutrition on various platforms, and help Flight Crew Nutrition offer the easiest services for you and conduct transactions.
Disclaimer. This HIPAA Compliance Disclaimer is provided to inform you that while Flight Crew Nutrition strives to maintain the highest standards of privacy and security for your protected health information, compliance with the Health Insurance Portability and Accountability Act (HIPAA) involves complex and evolving regulations. Flight Crew Nutrition makes every effort to ensure that our practices and policies meet or exceed the HIPAA requirements. Flight Crew Nutrition recommends consulting with legal counsel or a compliance expert for specific guidance related to HIPAA compliance. Flight Crew Nutrition commits to continually improving our privacy and security measures to protect your health information to the best of our ability.
Limitation of Liability. While Flight Crew Nutrition is dedicated to maintaining the privacy and security of your protected health information in accordance with the Health Insurance Portability and Accountability Act (HIPAA), Flight Crew Nutrition cannot guarantee absolute security. By using our services, you acknowledge and agree that Flight Crew Nutrition is not liable for any unauthorized access, use, or disclosure of your PHI arising from circumstances beyond our reasonable control, including but not limited to cyber-attacks, data breaches, or other unforeseen security incidents, provided Flight Crew Nutrition has maintained reasonable and appropriate HIPAA security safeguards. Flight Crew Nutrition’s liability for any claims, damages, or losses related to HIPAA compliance is limited to the fullest extent permitted by law. Flight Crew Nutrition encourages you to take appropriate measures to protect your own health information and to report any concerns to us promptly so we can take appropriate action.
Choice of Laws and Venue. The parties agree to irrevocably submit all claims relating to Flight Crew Nutrition’s Site to the exclusive jurisdiction of the courts of the State of Washington without regard to its conflict of law provisions.
Indemnity. As a condition of your use of the services of Flight Crew Nutrition, you indemnify Flight Crew Nutrition and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of our Services.
Entire Agreement. This policy may not be amended or modified except by Flight Crew Nutrition. If, for any reason, a court of competent jurisdiction finds any provision or portion of this policy to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of this policy shall continue in full force and effect. Failure by Flight Crew Nutrition to enforce or exercise any provision of this policy shall not constitute a waiver of that right. Paragraph headings are for reference only.